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20-Sep-1948

61

The Central Silk Board Act, 1948

https://www.indiacode.nic.in/bitstream/123456789/1474/3/A1948-61.pdf

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# THE CENTRAL SILK BOARD ACT, 1948 __________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and extent. 2. Declaration as to expediency of Union control. 3. Definitions. 4. Constitution of the Board. 4A. Disqualification for being nominated or appointed as a member of Board. 5. Power of the Central Government in default of nominations. 6. Vice-Chairperson and Standing Committee. 7. Secretary of the Board. 8. Functions of the Board. 8A. Constitution of Central Silk-worm Seed Committee. 8B. Powers and functions of Committee. 8C. Power to notify kinds or varieties of silk-worm seeds. 8D. Hybrid Authorisation Committee. 8E. Registration Committee. 8F. Constitution of Seed Certification Agency. 8G. Constitution of Central Seed Testing Laboratories. 8H. Appointment of Seed Officers. 8-I. Export and Import of Silk-worm Seed. 8J. Statement by silk-worm seed producers. 9. Funds of the Board. 10. Imposition of cess on certain kinds of silk. 11. Control by the Central Government. 12. Accounts of the Board. 12A. Annual report. 13. Power of Central Government to make rules. 13A. Power to make regulations. 13B. Laying of rules, regulations and notifications. 14. Penalties. 14A. Penalty for contravention of sections 8C and 8E. 15. [Omitted.]. 15A. [Omitted.]. 16. Bar of legal proceedings. 16A. Effect of Act and rules, etc., inconsistent with other enactments. 17. [Omitted.]. ----- # THE CENTRAL SILK BOARD ACT, 1948 ACT NO. 61 OF 1948[1] [20th September, 1948.] # An Act to provide for the development under Central control of the [2]* * * silk industry and for that purpose to establish a Central Silk Board. WHEREAS it is expedient to provide for the development under Central control of the [2]* * * silk industry and for that purpose to establish a Central Silk Board; It is hereby enacted as follows:— **1. Short title and extent.— (1) This Act may be called the Central Silk Board Act, 1948.** 3[(2) It extends to the whole of India 4***.] 5[2. Declaration as to expediency of Union control.—It is hereby declared that it is expedient in the public interest that the Union should take under its control the silk industry.] **3. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—** (a) “Board” means the Central Silk Board constituted under this Act; 6[(aa) “Central Silk-worm Seed Testing Laboratory” means the Central Seed Testing Laboratory established or accredited under sub-section (1) of section 8G; # (b) “charkha raw silk” means raw silk reeled from silk worm cocoons with the help of any instrument not worked by power; 6[(ba) “Committee” means the Central Silk-worm Seed Committee constituted under sub section (1) of section 8A; (bb) “dealer” means a person who carries on the business of buying and selling, export or import of silk-worm seed, cocoons, chawkie reared silk-worms and includes an agent of a dealer; (bc) “export” means taking out of India to a place outside India;] (c) “filature raw silk” means raw silk reeled from silk worm cocoons with the help of any instrument worked by power; 6[(ca) “Hybrid Authorisation Committee” means the Hybrid Authorisation Committee constituted under sub-section (1) of section 8D; (cb) “import” means bringing into India from a place outside India; (cc) “notified kind or variety” in relation to silk-worm seed means, any kind or variety thereof notified under sub-section (1) of section 8C;] (d) “power” means any form of energy which is mechanically transmitted and is not generated by human or animal agency, and includes electrical energy; (e) “prescribed” means prescribed by rules made under this Act; 1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2, and the Schedule I and to Pondichery by Reg. 7 of 1963, s. 3 and the Schedule I. 2. The word “raw” omitted by Act 31 of 1963, s. 2 (w.e.f. 25-3-1954). 3. Subs. by the A. O. 1950, for sub-section (2). 4. The words “except the State of Jammu and Kashmir” omitted by Act 21 of 1970, s. 2. 5. Subs. by Act 31 of 1953, s. 3, for section 2. 6. Ins. by Act 42 of 2006, s.2 (w.e.f. 1-7-2007). ----- 1[(ea) “Registration Committee” means the Registration Committee constituted under sub section (2) of section 8E; (eb) “regulation” means regulation made by the Committee under this Act; (ec) “silk-worm seed” or “seed” means all kinds of silk-worm seeds produced from the pure silk-worm races including the hybrids produced from two or more pure races, silk-worm seed cocoons of all kinds and moths thereof intended to be used or reared for the purpose of production or for commercial exploitation. _Explanation.— For the purposes of this clause,—_ (i) “pure races” means silk-worm breed or variety maintained through reproductive silk-worm seed with features true to the parents; (ii) “hybrids” means the seed produced involving two or more pure races or parental races with the objective of exploiting heterosis or hybrid vigour; (ed) “Silk-worm Seed Analyst” means a Seed Analyst appointed or notified under sub-section (3) of section 8G; (ee) “Silk-worm Seed Certification Agency” means the Silk-worm Seed Certification Agency constituted or accredited under section 8F; (ef) “Silk-worm Seed Officer” means Seed Officer appointed or notified under sub-section (1) of section 8H;] (f) “spun silk” means silk yarn spun from pierced or spoilt cocoons, fluff from cocoons, pieces of silk, coils, or other silk waste; (g) “Standing Committee” means the Standing Committee of the Board constituted under sub section (2) of section 6. **4. Constitution of the Board.—(1) As soon as may be after the commencement of this Act, the** Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Board to be called the Central Silk Board. (2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 2[(3) The Board shall consist of the following members, namely:— (a) a[3][Chairperson] to be appointed by the Central Government; 4[(b) not more than three officials to be nominated by the Central Government, one of whom shall be the head of the Silk Division in the Ministry of Textiles as the [5][Vice-Chairperson] and one shall be the Secretary of the Board, both being the officers not below the rank of Joint Secretary to the Government of India;] Provided that it shall be lawful for any such official to depute in the prescribed circumstances another official to attend any meeting of the Board on his behalf; 1. Ins. by Act 42 of 2006, s. 2 (w.e.f. 1-7-2007). 2. Subs. by Act 31 of 1953, s. 4, for sub-section (3) (w.e.f. 25-3-1954). 3. Subs. by Act 42 of 2006, s. 3, for “Chairman” (w.e.f. 1-7-2007). 4. Subs.by s. 4, ibid., for clause (b) (w.e.f. 1-7-2007). 5. Subs. by s. 3, ibid., for “Vice-Chairman” (w.e.f. 1-7-2007). ----- (c) six persons to be elected by Parliament, four from the House of the People by the members of the House of the People and two from the Council of States by the members of the Council of States; 1[Provided that a member of Parliament shall, upon ceasing to be a member of the House of the People or as the case may be, the Council of States, cease to be a member of the Board.] (d) [2][five persons] to be nominated by the Government of [3][Karnataka], one of whom shall represent the filature raw silk industry and two shall represent the rest of the sericulture industry; (e)[4][one person] to be nominated by the Government of [5][Tamil Nadu]; (f) two persons to be nominated by the Governor of West Bengal; (g) one person to be nominated by each of the Governments of [6][Andhra Pradesh], Assam, Bihar, Chhattisgarh, [7][Gujarat], [8]* * *, Madhya Pradesh, Uttar Pradesh and Uttaranchal;] (h) one person to be nominated by the Government of Jammu and Kashmir; (i) not more than three persons to be nominated by the Central Government to represent the producers of raw silk and areas other than the States specified in clauses (d) to (g) inclusive; (j) eight persons to be nominated by the Central Government, of whom one shall represent the spun-silk industry, one the silk throwing and twisting industry, one the silk weaving industry, one labour; and two of them shall be experts in sericulture.] (4) The members of the Board shall receive from its funds such travelling and other allowances as may be prescribed. 9[(5) Subject to the other provisions of this Act, the term of office of a member shall be such period, not exceeding three years, as may be prescribed. (6) Notwithstanding anything contained in sub-section (5),— (a) the Central Government may terminate the appointment of the [10][Chairperson]after giving him notice for a period of not less than three months; (b) the [10][Chairperson]may resign his office by giving notice in writing for a period of not less than three months to the Central Government, and on such resignation being notified in the Official Gazette by that Government, the [10][Chairperson]shall be deemed to have vacated his office.] 11[4A.Disqualification for being nominated or appointed as a member of Board.—A person shall be disqualified for being nominated or appointed or for continuing as a member, if he— (a) is not a citizen of India; or (b) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) is an undischarged insolvent; or (d) has become physically or mentally incapable of acting as a member; or 1. Ins. by Act 42 of 2006, s. 4 (w.e.f. 1-7-2007). 2. Subs. by the A. O. (No. 3), 1956, for “four persons”. 3. Subs. by the Mysore State (Alteration of Name) (Adaption of Laws on Union Subjects) Order, 1974, for “Mysore” (w.e.f. 1-11-1973). 4. Subs. by the A. O. (No. 3), 1956, for “two persons”. 5. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for “Madras” (w.e.f. 14-1-1969). 6. Subs. by the A. O. (No. 3), 1956, for “Andhra”. 7. Subs. by the Bombay Reorganisation (Adaptation of Laws on Union Subjects) Order, 1961, for “Bombay” (w.e.f. 1-5-1960). 8. The words “Madhya Bharat” omitted by the A. O. (No. 3), 1956. 9. The words in brackets shall stand inserted (date to be notified) by Act 13 of 1982, s. 2. 10.Subs. by Act 42 of 2006, s. 3, for “Chairman” (w.e.f.1-7-2007). 11. Ins. by s. 5, ibid. (w.e.f. 1-7-2007). ----- (e) has acquired such financial or other interest as is likely to affect prejudicially his function as a member.] **5. Power of the Central Government in default of nominations.—(1) If any Government other** than the Central Government fails to make any nomination which it is entitled to make under sub-section (3) of section 4 within the time prescribed in that behalf, the Central Government may make the nomination itself. (2) Where a member of the Board dies, resigns, is removed, ceases to reside in India, or becomes incapable of acting, the authority or body entitled to nominate the member under sub-section (3) of section 4 may nominate a person to fill the vacancy; and where such nomination is not made within the time prescribed in that behalf, the Central Government on its own initiative, may make the nomination itself. (3) No act done by the Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board. **6. Vice-Chairperson and Standing Committee.—(1)[1][The[2][Vice-Chairperson] shall] exercise such** of the powers and perform such of the duties of the [3][Chairperson] as may be prescribed or as may be delegated to him by the [3][Chairperson]. (2) The Board may, in its discretion, constitute a Standing Committee for the purpose of exercising such of its powers and performing such of its duties as may be delegated by it not being powers or duties the delegation of which is prohibited by rules made under this Act. (3) The Standing Committee shall consist of the [3][Chairperson], the [2][Vice-Chairperson], and five others elected by the Board from among its members. **7. Secretary of the Board.—[4][The Secretary to the Board shall], under the control and direction of** the Board, exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Board or the[3][Chairperson]. **8. Functions of the Board.—(1) It shall be the duty of the Board to promote the development of** the[5]* * * silk industry by such measures as it thinks fit. (2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for— (a)undertaking, assisting or encouraging scientific, technological and economic research; (b)devising means for improved methods of mulberry cultivation rearing, developing and distributing healthy silkworm seeds,[6][reeling or, as the case may be, spinning of silkworm cocoons and silk waste], improving the quality and production of raw silk, if necessary, by making it compulsory for all raw silk to be marketed only after the same has been tested and graded in properly equipped raw silk conditioning houses; 7****** (d) improving the marketing of raw silk; (e) the collection of statistics from such persons as may be prescribed; 1. Subsby the Act 42 of 2006, s. 6, for “The Central Government shall appoint from among the members of the Board, a Vice Chairman who shall”(w.e.f 1.7.2007). 2.Subs. by s. 3, for“Vice-Chairman” (w.e.f. 1-7-2007). 3. Subs. by s. 3,ibid., for “Chairman” (w.e.f. 1-7-2007). 4.Subsby s. 7, ibid., for “The Central Government shallappoint a Secretary to the Board who shall”(w.e.f. 1-7-2007). 5. The word “raw” omitted by Act 31 of 1953, s. 6(w.e.f. 25-3-1954). 6. Subs. by Act 21 of 1970, s. 3, for “reeling of silkworm cocoons”. 7. Clause (c) omitted by s. 3, ibid. ----- 1[(f) carrying out any other duties which may be vested in the Board under rules made under this Act.] (3) It shall also be the duty of the Board— 2[(a) to advise the Central Government on all matters relating to production, supply, distribution, trade and commerce in silk-worm seed, the development of the silk industry and its products including export and import;] 3******* (c) to prepare and furnish such [4]*** reports relating to the [5]*** silk industry as may be required by the Central Government from time to time. 6[8A. Constitution of Central Silk-worm Seed Committee.—(1) The Central Government may, by notification in the Official Gazette, constitute for the purposes of this Act, a Committee to be called the Central Silk-worm Seed Committee consisting of— (a) the Vice-Chairperson of the Board who shall be the Chairperson of the Committee, ex officio; (b) (i) seven officials not below the rank of Deputy Secretary to the Government of India dealing with sericulture from the States-members; (ii) two experts from the field of silk-worm seed development-members; (iii) five persons to represent the sericulture sector of whom three shall be the farmers and two the reelers-members; to be nominated by the Central Government from amongst the members of the Board; (c) the Director of the National Silk-worm Seed Organisation to be nominated by the Central Government-member; and (d) Secretary of the Board who shall be the Secretary of the Committee, ex officio. (2) The Committee may associate with it, for such purposes and in such manner as it may deem fit, any person whose assistance or advice it may consider necessary in complying with the provisions of this Act, and a person so associated, shall have the right to take part in the proceedings of the Committee relevant to the purposes for which he has been associated, but shall not have the right to vote and shall be entitled to receive such allowances or fees as may be prescribed by the Central Government. (3) A member nominated under sub-section (1) shall, unless his seat becomes vacant earlier by resignation, death or otherwise, hold office for a period of three years from the date of his nomination and shall be eligible for re-nomination: Provided that a person nominated under sub-section (1) shall hold office only for so long as he holds the appointment by virtue of which his nomination was made. (4) No act or proceeding of the Committee shall become invalid merely by reason of— (i) any vacancy therein, or any defect in the constitution thereof; or (ii) any matter relating to the procedure of the Committee not affecting the merits of a case. (5) The Central Government shall provide to the Committee such other technical and other officers and employees as may be necessary for the efficient performance of the functions under this Act. 1. Ins. by Act 31 of 1953, s. 6 (w.e.f. 25-3-1954). 2. Subs by Act 42 of 2006, s. 8, for clause (a) (w.e.f. 1-7-2007). 3. Clause (b) omitted by Act 21 of 1970, s. 3. 4. The word “other” omitted by s. 3, ibid. 5.The word “raw” omitted by Act 31 of 1953, s. 6(w.e.f. 25-3-1954). 6. Ins. by Act 42 of 2006, s. 9(w.e.f. 1-7-2007). ----- (6) (a) The Committee shall meet at such time and place and shall observe such procedure in regard to transaction of business at its meeting (including the quorum at meetings) as may be specified by regulations. (b) The Chairperson or in his absence any member chosen by the members present from amongst themselves, shall preside at a meeting of the Committee. (c) All questions at a meeting of the Committee shall be decided by a majority of votes of the members present and voting and in case of equality of votes, the Chairperson or in his absence, the person presiding over the meeting shall have a second or casting vote.] **8B. Powers and functions of Committee.—(1) The Committee shall be responsible for the** implementation of this Act by taking measures as specified in sub-section (2). (2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for— (i) laying down of quality standards for kind or variety of silk-worm seed; (ii) authorisation of silk-worm races and hybrids for commercial exploitation; (iii) laying down of quality standards for production of silk-worm seeds; (iv) laying down the conditions and requirements that have to be met out by the persons desirous of setting up facilities for production of silk-worm seeds or grain ages; (v) laying down the certification and silk-worm seed testing procedures for seeds sold by the registered producers; (vi) undertaking the registration of silk-worm seed producers and dealers and controlling, supervising the inspection process to ensure adherence to the specified quality standards and seed certification requirements; (vii) laying down the conditions and standards for export and import of silk-worm seed and adherence to them; (viii) programming and planning of silk-worm seed production; (ix) advising the Central Government and the State Governments on the matters aforesaid; and (x) such other matters connected and incidental to the production, supply, distribution, trade and commerce in silk-worm seed, as may be specified by regulations made by the Committee from time to time. **8C. Power to notify kinds or varieties of silk-worm seeds.—(1) If the Central Government, after** consultation with the Committee, is of the opinion that it is necessary or expedient to regulate the quality of silk-worm seed of any kind or variety for the purpose of production and for commercial exploitation, it may, by notification in the Official Gazette, declare such kind or variety to be a notified kind or variety for the purposes of this Act and different kinds or varieties may be notified for different States or for different areas thereof, and it shall be incumbent upon every producer or dealer of such silk-worm seeds to produce or deal with such notified kinds and varieties of silk-worm seeds and in no other. (2) The Central Government may, on the recommendation of the Committee, by notification, specify— (a) the minimum quality standards and conditions for notified kinds or varieties of silk-worm seed; and (b) the mark or label to indicate that such silk-worm seed conforms to the specified quality standards. ----- **8D. Hybrid Authorisation Committee.—(1) The Committee shall constitute a Hybrid Authorisation** Committee consisting of the Secretary of the Board who shall be the Chairperson of the Hybrid Authorisation Committee and such number of other members to assist him in the discharge of his duties as the Committee may determine. (2) It shall be the duty of the Hybrid Authorisation Committee to either suomotu or on the application made to it and after due trials, testing and such other requirements, as it may deem necessary to satisfy itself, recommend to the Committee of the kind or variety of silk-worm seed, silk-worm hybrid seeds and races available in the market for notification by the Central Government for production and commercial exploitation. **8E. Registration Committee.—(1) No silk-worm seed of any kind or variety shall, for the purpose of** production or for commercial exploitation, be produced, supplied, distributed, traded, sold or otherwise disposed of by a producer or dealer unless he is registered by the Registration Committee in such manner as may be prescribed. (2) The Committee shall constitute the Registration Committee consisting of a Chairperson and such number of other members not less then two to assist him in the discharge of his duties as the Committee, may determine. (3) The Registration Committee shall have power— (a) to register the silk-worm seed of the notified kind or variety after scrutinising claims that the silk-worm seed conforms the kind or variety duly notified by the Central Government; (b) to register the silk-worm seed producer after ensuring that the facility for seed production meets the requirement or conditions for maintaining quality standards as notified by the Central Government; (c) to register the silk-worm dealer after scrutinising their claim made in the application; (d) to perform such other functions as are assigned to it by the Committee. (4) Every application for registration under sub-section (1) shall be made in such form and contain such particulars including conditions and be accompanied by such fees as may be prescribed. **8F. Constitution of Seed Certification Agency. —The Committee may, by order, constitute one or** more Silk-worm Seed Certification Agencies or accredit the existing certification agencies according to such criteria as may be specified by regulations to conduct inspection for registration of producers and dealers. **8G. Constitution of Central Seed Testing Laboratories.—(1) The Committee may, by order,** establish the Central Seed Testing Laboratories and accredit the existing laboratories of the Board or the State Governments having such facilities as may be specified by regulations. (2) The Central Seed Testing Laboratories and the accredited laboratories shall carryout such functions as may be entrusted to it by the Committee from time to time. (3) The Committee may, by order, appoint such person as it thinks fit or notify the officials or employees of the accredited laboratories having such qualifications as may be specified by regulations to be the Seed Analyst in the Seed Testing Laboratories and define the local limits of their jurisdiction. **8H. Appointment of Seed Officers.—(1) The Committee may, by order, appoint such person as it** thinks fit, or notify an employee of the Board having such qualifications as may be specified by regulations to be the Seed Officers and define the local limits of their jurisdiction. (2) Every Seed Officer shall be under the administrative Control of the Committee and shall be responsible for inspecting the seeds and the facilities available with the seed producers and dealers before or after their registration to ensure adherence to the standards and conditions laid down in this regard. (3) The Seed Officer may— (a) take samples of any silk-worm seed of any kind or variety from— (i) any producer or dealer; or (ii) any person who is in the course of conveying such seed to a purchaser or a consignee; or ----- (iii) a purchaser or a consignee after delivery of such seed to him; (b) exercise such other powers as may be specified by regulations. **8-I. Export and Import of Silk-worm Seed. —** (1) The Committee shall advise the Central Government from time to time on the export and import of silk-worm seed and the Central Government may, by notification, specify the terms and conditions including exim policy for export and import of silk-worm seed. (2) All import of silk-worm seed shall conform to the quality standards specified under sub-section (2) of section 8C. (3) For the purpose of ensuring compliance with the conditions and quality standards for governing such import, the Central Government may, by order, authorise officers of the level of Assistant Commissioner to exercise the powers of inspection at the borders and ports, and such officers shall be deemed to be the Seed Officers for the purposes of this Act. (4) The Central Government may, by notification, permit for research purposes, import of an unregistered variety of silk-worm seed in such quantity and subject to such conditions as may be specified. (5) The Central Government may, by notification, restrict the export or import of silk-worm seed of any kind or variety if it considers that it may adversely affect the silk industry or on such other grounds, as it may consider necessary. **8J. Statement by silk-worm seed producers.—Every registered silk-worm seed producer and dealer** shall furnish periodic statement to the Committee in such form, manner and at such intervals as may be specified by regulations.] **9. Funds of the Board.—(1) The Central Government shall from time to time make grants to the** Board of such sums as the Central Government may consider necessary for enabling the Board to exercise its powers and discharge its duties under this Act. (2) The funds of the Board shall be kept in such bank, or, invested in such manner, as may be prescribed and shall be expended by the Board only in the performance of its functions under this Act or for meeting such expenses as are authorised by the Act or by rules made thereunder, **10. Imposition of cess on certain kinds of silk.—(1) With effect from such date as the Central** Government may, by notification in the Official Gazette appoint, there shall be levied and collected as a cess for the purposes of this Act a duty of excise on all filature raw silk, and on all spun silk, reeled in the territories to which this Act for the time being extends at such rate as the Central Government may, by notification in the Official Gazette, from time to time fix. (2) The said duty of excise shall be payable by the reelers of filature raw silk or spun silk and shall be paid by them to the Board within one month from the date of the receipt of the notice of demand from the Board in that behalf. (3) The said duty of excise may be recovered as if it were an arrear of land revenue. (4) For the purpose of enabling the Board to assess the amount of the duty of excise payable under this section by the reelers of filature raw silk or spun silk,— (a) the Board shall, by notification in the Official Gazette, fix the period in respect of which assessments shall be made, and (b) every reeler of filature raw silk or spun silk shall furnish to the Board within the prescribed time a return specifying the total amount of filature raw silk or spun silk reeled during such period. (5) If any reeler of filature raw silk or spun silk fails to furnish such return within the prescribed time or furnishes a return which the Board has reason to believe to be incorrect or defective, the Board may assess the amount payable by such reeler in such manner as may be prescribed. (6) Any reeler feeling himself aggrieved by an assessment made under this section, may, within three months of the receipt of the notice under sub-section (2), apply to the District Judge or such other civil judicial officer, as may be prescribed, for the cancellation or modification of the assessment; and such ----- District Judge or judicial officer shall after giving the Board an opportunity of being heard, pass such order as he thinks proper; and such order shall be final. 1[(7) The proceeds of the duties of excise paid to the Board shall first be credited to the Consolidated Fund of India and the Central Government may, thereafter, from time to time, pay to the Board from and out of such proceeds such sums of money as it may think fit.] **11. Control by the Central Government.—(1) All acts of the Board shall be subject to the control** of the Central Government which may cancel, suspend or modify as it thinks fit any action taken, or order passed, by the Board. (2) The records of the Board shall be open to inspection at all reasonable times by any officer authorised in this behalf by the Central Government. **12. Accounts of the Board.—(1) The Board shall keep such accounts, and in such manner and form,** as may be prescribed, respect of all moneys received and expended by it. 2[(2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Board shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board. (4) The accounts of the Board as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause a copy of the same to be laid before each House of Parliament. (5) A copy of the accounts of the Board as so certified together with the audit report thereon shall be forwarded simultaneously to the Board.] [3][12A. Annual report.—The Board shall prepare for every financial year a report of its activities and achievements during that year and submit the report to the Central Government in such form and on or before such date as may be prescribed, and that Government shall cause a copy of the report to be laid before each House of Parliament.] **13. Power of Central Government to make rules.—(1) The Central Government may, by** notification in the Official Gazette, make rules to carry out the purposes of this Act. 4[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely:— (i) the term of office of members of the Board, the circumstances in which and the authority by which members may be removed and the filling of casual vacancies in the Board; (ii) the procedure to be followed at meetings of the Board and at the standing committee for the conduct of business and the number of members which shall form a quorum at any meeting; (iii) the maintenance by the Board of records of business transacted by the Board and the submission of copies thereof to the Central Government; (iv) the holding of a minimum number of meetings every year; (v) the power of the Board, its Chairman and Standing Committee with respect to the incurring of expenditure; (vi) the conditions subject to which the Board may incur expenditure outside India; 1. Ins. by Act 31 of 1953, s. 7 (w.e.f. 25-3-1954). 2. Subs. by Act 21 of 1970, s. 4, for sub-sections (2) and (3). 3. Ins. by s. 5, ibid. 4. Subs. by Act 31 of 1953, s. 8, for sub-section (2) (w.e.f. 25-3-1954). ----- (vii) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned; (viii) the maintenance of the accounts of income and expenditure of the Board[1]***; 2[(viiia) the form of the annual report of the Board and the date on or before which it shall be submitted to the Central Government;] (ix) the deposit of the funds of the Board in bank and the investment of such funds; (x) the re-appropriation of estimated savings from one budget head to any other budget head; (xi) the conditions subject to which the Board may borrow funds; (xii) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board; (xiii) the delegation to the Standing Committee or the [3][Chairperson] or the [4][Vice-Chairperson] or members or officers of the Board of any of the powers and duties of the Board under this act; (xiv) the staff which may be employed by the Board and the pay and allowances, leave and other conditions of service of officers and other employees of the Board; (xv) the travelling and other allowances of members of the Board and or the Standing Committee; 5[(xva) specifying the allowances or fees of the persons associated by the Committee under sub section (2) of section 8A; (xvb) matters incidental to the production, supply, distribution, trade and commerce in silk-worm seed under clause (x) of sub-section (2) of section 8B; (xvc) manner of registration of a producer or dealer by the Registration Committee under sub section (1) and form for making application and fees to be paid under sub-section (4) of section 8E;] (xvi) the purposes for which funds of the Board may be expended; (xvii) the maintenance of the registers and other records of the Board and of its Standing Committee; (xviii) the collection of any information or statistics in respect of raw silk or any product of silk; 6[(xix) the manner of grading, marketing, developing and distributing raw silk and products of silk industry;] (xx) any other matter which is to be or may be prescribed. 7* - - - 8[13A. Power to make regulations. —(1) The Committee may, in consultation with the Board, and with the previous approval of the Central Government, by notification, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (i) procedure in regard to transaction of business at the meeting of the Committee under clause (a) of sub-section (6) of section 8A; 1. The words “and the audit of such accounts” omitted by Act 21 of 1970, s. 6. 2. Ins. by s. 6, ibid. 3. Subs. by Act 42 of 2006, s. 3, for “Chairman”, (w.e.f.1-7-2007). 4. Subs. by s. 3, ibid., for “Vice-Chairman” (w.e.f. 1-7-2007). 5. Ins. by s. 10, ibid. (w.e.f. 1.7.2007). 6. Subs. by s. 10, for clause (xix) (w.e.f. 1-7-2007). 7. Sub-section (3) omitted by s. 10, ibid. (w.e.f. 1-7-2007). 8. Ins. by s. 11, ibid. (w.e.f. 1-7-2007). ----- (ii) laying down of various standards relating to kinds or varieties, production, testing, supply, distribution, trade and commerce and export and import of silk-worm seed under sub-section (2) of section 8B; (iii) to specify the criteria for establishing Central Silk-worm Seed Certification Agencies under section 8F, criteria and jurisdiction of Central Seed Testing Laboratories and qualifications of Seed Analysts under sub-sections (1) and (3) of section 8G and qualifications of Seed Officers and their other powers under sub-section (1) and clause (b) of sub-section (3) of section 8H; (iv) the form, manner and intervals at which statement by producer and dealer may be furnished under section 8J. **13B. Laying of rules, regulations and notifications.—Every rule, regulation and notification made** under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or notification or both Houses agree that the rule or regulation or notification should not be made, the rule or regulation or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification.] **14. Penalties. —** [1][(1)] If any person— (a) in any return to be furnished under this Act makes any statement which is false and which he knows to be false or does not believe to be true, or (b) obstructs any officer of the Board [2][Committee and Registration Committee] in the exercise of any power, conferred, or the discharge of any duty imposed on him by or under this Act, or (c) having the control or custody of any account book or other record, fails to produce such book or record when required so to do under this Act, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. 3[(2) If the person committing any offence specified in sub-section (1) is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding anything contained in sub-section (2), where an offence under sub-section (1) has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director” in relation to a firm means a partner in the firm.] 1. S. 14 renumbered as sub-section (1) of that section by Act 31 of 1953. s. 9 (w.e.f. 25-3-1954). 2.Ins. by the Act 42 of 2006, s. 12 (w.e.f. 1-7-2007). 3. Ins. by the 31 of 1953, s. 9 (w.e.f. 25-3-1954). ----- 1[14A. Penalty for contravention of sections 8C and 8E.—If any person contravenes the provisions of sections 8C and 8E of this Act or regulations made thereunder or any notification relating to silk-worm seed he shall be punishable with a fine of five thousand rupees which may extend to twenty-five thousand rupees besides suspension or cancellation of the registration to produce silk-worm seeds.] **15. [Prosecution to be with consent of Central Government.]Omitted by the Central Silk Board** (Amendment)Act, 2006 (42of 2006), s. 14 (w.e.f.1-7-2007). **15A. [Jurisdiction of Courts.]Omitted bys. 14, ibid. (w.e.f. 1-7-2007).** **16. Bar of legal proceedings.—No suit, prosecution or other legal proceeding shall lie against the** Board, or any member or officer of the Board, for anything in good faith done or intended to be done under this Act. **2[16A. Effect of Act and rules, etc., inconsistent with other enactments.—The provisions of this** Act or any rule or regulation made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.] **17. [Temporary powers of the Central Government.]Omitted by the Central Silk Board (Amendment)** _Act, 1953 (31 of 1953), s. 11._ 1. Ins. by Act 42 of 2006, s. 13 (w.e.f. 1-7-2007). 2. Ins. by s. 15, ibid. (w.e.f. 1-7-2007). -----

23-Sep-1948

63

The Factories Act, 1948

https://www.indiacode.nic.in/bitstream/123456789/1530/1/A1948-63.pdf

central

THE FACTORIES ACT, 1948 # _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Interpretation. 3. References to time of day. 4. Power to declare different departments to be separate factories or two or more factories to be a single factory. 5. Power to exempt during public emergency. 6. Approval, licensing and registration of factories. 7. Notice by occupier. CHAPTER II THE INSPECTING STAFF 7A. General duties of the occupier. 7B. General duties of manufacturers, etc., as regards articles and substances for use in factories. 8. Inspectors. 9. Powers of Inspectors. 10. Certifying surgeons. CHAPTER III HEALTH 11. Cleanliness. 12. Disposal of wastes and effluents. 13. Ventilation and temperature. 14. Dust and fume. 15. Artificial humidification. 16. Overcrowding. 17. Lighting. 18. Drinking water. 19. Latrines and urinals. 20. Spittoons. CHAPTER IV SAFETY 21. Fencing of machinery. 22. Work on or near machinery in motion. 1 ----- SECTIONS 23. Employment of young persons on dangerous machines. 24. Striking gear and devices for cutting off power. 25. Self-acting machines. 26. Casing of new machinery. 27. Prohibition of employment of women and children near cotton-openers. 28. Hoists and lifts. 29. Lifting machines, chains, ropes and lifting tackles. 30. Revolving machinery. 31. Pressure plant. 32. Floors, stairs and means of access. 33. Pits, sumps openings in floors, etc. 34. Excessive weights. 35. Protection of eyes. 36. Precautions against dangerous fumes, gases, etc. 36A. Precautions regarding the use of portable electric light. 37. Explosive or inflammable dust, gas, etc. 38. Precautions in case of fire. 39. Power to require specifications of defective parts or tests of stability. 40. Safety of buildings and machinery. 40A. Maintenance of buildings. 40B. Safety Officers. 41. Power to make rules to supplement this Chapter. CHAPTER IVA PROVISION RELATING TO HAZARDOUS PROCESSES 41A. Constitution of Site Appraisal Committees. 41B. Compulsory disclosure of information by the occupier. 41C. Specific responsibility of the occupier in relation to hazardous processes. 41D. Power of Central Government to appoint Inquiry Committee. 41E. Emergency standards. 41F. Permissible limits of exposure of chemical and toxic substances. 41G. Workers’ participation in safety management. 41H. Right of workers to warn about imminent danger. CHAPTER V WELFARE 42. Washing facilities. 43. Facilities for storing and drying clothing. 2 ----- SECTIONS 44. Facilities for sitting. 45. First-aid appliances. 46. Canteens. 47. Shelters, rest rooms and lunch rooms. 48. Creches. 49. Welfare officers. 50. Power to make rules to supplement this Chapter. CHAPTER VI WORKING HOURS OF ADULTS 51. Weekly hours. 52. Weekly holidays. 53. Compensatory holidays. 54. Daily hours. 55. Intervals for rest. 56. Spread over. 57. Night shifts. 58. Prohibition of overlapping shifts. 59. Extra wages for overtime. 60. Restriction on double employment. 61. Notice of periods of work for adults. 62. Register of adult workers. 63. Hours of work to correspond with notice under section 61 and register under section 62. 64. Power to make exempting rules. 65. Power to make exempting orders. 66. Further restrictions on employment of women. CHAPTER VII EMPLOYMENT OF YOUNG PERSONS 67. Prohibition of employment of young children. 68. Non-adult workers to carry tokens. 69. Certificates of fitness. 70. Effect of certificate of fitness granted to adolescent. 71. Working hours for children. 72. Notice of periods of work for children. 73. Register of child workers. 74. Hours of work to correspond with notice under section 72 and register under section 73.— 75. Power to require medical examination. 76. Power to make rules. 77. Certain other provisions of law not barred. 3 ----- CHAPTER VIII ANNUAL LEAVE WITH WAGES SECTIONS 78. Application of Chapter. 79. Annual leave with wages. 80. Wages during leave period. 81. Payment in advance in certain cases. 82. Mode of recovery of unpaid wages. 83. Power to make rules. 84. Power to exempt factories. CHAPTER IX SPECIAL PROVISIONS 85. Power to apply the act to certain premises. 86. Power to exempt public institutions. 87. Dangerous operations. 87A. Power to prohibit employment on account of serious hazard. 88. Notice of certain accidents. 88A. Notice of certain dangerous occurrences. 89. Notice of certain diseases. 90. Power to direct enquiry into cases of accident or disease. 91. Power to take samples. 91A. Safety and occupational health surveys. CHAPTER X PENALTIES AND PROCEDURE 92. General penalty for offences. 93. Liability of owner of premises in certain circumstances. 94. Enhanced penalty after previous conviction. 95. Penalty for obstructing Inspector. 96. Penalty for wrongfully disclosing results of analysis under section 91. 96A. Penalty for contravention of the provisions of sections 41B, 41 C and 41 H. 97. Offences by workers. 98. Penalty for using false certificate of fitness. 99. Penalty for permitting double employment of child. 100. [Repealed.] 101. Exemption of occupier or manager from liability in certain cases. 102. Power of Court to make orders. 103. Presumption as to employment. 104. Onus as to age. 4 ----- SECTIONS 104A. Onus of proving limits of what is practicable, etc. 105. Cognizance of offences. 106. Limitation of prosecutions. 106A. Jurisdiction of a court for entertaining proceedings, etc., for offence. CHAPTER XI SUPPLEMENTAL 107. Appeals. 108. Display of notices. 109. Service of notices. 110. Returns. 111. Obligations of workers. 111A. Right of workers, etc. 112. General power to make rules. 113. Powers of Centre to give directions. 114. No charge for facilities and conveniences. 115. Publication of rules. 116. Application of Act to Government factories. 117. Protection to persons acting under this Act. 118. Restrictions on disclosure of information. 118A. Restriction on disclosure of information. 119. Act to have effect notwithstanding anything contained in Act 37 of 1970. 120. Repeal and savings. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. 5 ----- # THE FACTORIES ACT, 1948 ACT NO. 63 OF 1948[1] An Act to consolidate and amend the law regulating labour in factories. [23rd September, 1948.] WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; It is hereby enacted as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Factories Act, 1948.** 2[(2) It extends to the whole of India 3***. (3) It shall come into force on the 1st day of April 1949. **2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context,—** (a) “adult” means a person who has completed his eighteenth year of age; (b) “adolescent” means a person who has completed his fifteenth year of age but has not completed his eighteenth year; 4[(bb) “calendar year” means the period of twelve months beginning with the first day of January in any year;] (c) “child” means a person who has not completed his fifteenth year of age; 5[(ca) “competent person”, in relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the purposes of carrying out tests, examinations and inspection required to be done in a factory under the provisions of this Act having regard to— (i) the qualifications and experience of the person and facilities available at his disposal; or (ii) the qualifications and experience of the persons employed in such institution and facilities available therein, with regard to the conduct of such tests, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory; (cb) “hazardous process” means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes or effluents thereof would— (i) cause material impairment to the health of the persons engaged in or connected therewith, or (ii) result in the pollution or the general environment: Provided that the State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, omission or variation of any industry specified in the said Schedule; (d) “young person” means a person who is either a child or an adolescent; 1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule; Pondicherry by Reg. 7 of 1963, s. 3 and the First Schedule, Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and the Schedule. 2. Subs. by the A.O. 1950, for the former sub-section. 3. The words “except the state of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971). 4. Ins. by Act 25 of 1954, s. 2. (w.e.f. 7-5-1954). 5. Ins. by Act 20 of 1987, s. 2. (w.e.f. 1-12-1987). 6 ----- (e) “day” means a period of twenty-four hours beginning at midnight: (f) “week” means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories; (g) “power” means electrical energy or any other form of energy which is mechanically transmitted and is not generated by human or animal agency; (h) “prime mover” means any engine, motor or other appliance which generates or otherwise provides power; (i) “transmission machinery” means any shaft, wheel, drum, pulley, system of pulleys, coupling, clutch, driving belt or other appliance or device by which the motion of a prime mover is transmitted to or received by any machinery or appliance; (j) ”machinery” includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied; (k) “manufacturing process” means any process for— (i) making altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or 1[(ii) pumping oil, water, sewage or any other substance; or] (iii) generating, transforming or transmitting power; or 2[(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; [3][or]] (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; [3][or] 3[(vi) preserving or storing any article in cold storage;] (l) “worker” means a person [4][employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not], in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process [3][but does not include any member of the armed forces of the Union]; (m) “factory” means any premises including the precincts thereof— (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,— but does not include a mine subject to the operation of [5][the Mines Act, 1952 (35 of 1952)], or [6][a mobile unit belonging to the armed forces of the Union, railway running shed or a hotel), restaurant or eating place]. 1. Subs. by Act 94 of 1976, s. 2, for sub-clause (ii) (w.e.f. 26-10-1976). 2. Subs. by Act 25 of 1954, s. 2, for sub-clause (iv) (w.e.f. 7-5-1954). 3. Ins. by Act 94 of 1976, s. 2, (w.e.f. 26-10-1976). 4. Subs. by s. 2, ibid., for “employed, directly or through any agency, whether for wages or not” (w.e.f. 26-10-1976). 5. Subs. by Act 25 of 1954, s. 2, for “the Indian Mines Act, 1923 (4 of 1923)” (w.e.f. 7-5-1954). 6. Subs. by Act 94 of 1976, s. 2, for “a railway running shed” (w.e.f. 26-10-1976). 7 ----- 1[Explanation 2[I]—For computing the number of workers for the purposes of this clause all the workers in [3][different groups and relays] in a day shall be taken into account;] 4[Explanation II.—For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof;] (n) “occupier” of a factory means the person who has ultimate control over the affairs of the factory [5]***. 4[Provided that— (i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier; (ii) in the case of a company, any one of the directors shall be deemed to be the occupier; (iii) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the Stale Government or the local authority, as the case may be, shall be deemed to be the occupier:] 1[6[Provided further that] in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire,— (1) the owner of the dock shall be deemed to be the occupier for the purposes of any matter provided for by or under— (a) section 6, section 7, [4][section 7A, section 7B,] section 11 or section 12; (b) section 17, in so far as it relates to the providing and maintenance of sufficient and suitable lighting in or around the dock; (c) section 18, section 19, section 42, section 46, section 47 or section 49, in relation to the workers employed on such repair or maintenance; (2) the owner of the ship or his agent or master or other officer-in-charge of the ship or any person who contracts with such owner, agent or master or other officer-in-charge to carry out the repair or maintenance work shall be deemed to be the occupier for the purposes of any matter provided for by or under section 13, section 14, section 16 or section 17 (save as otherwise provided in this proviso) or Chapter IV (except section 27) or section 43, section 44 or section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or section 108, section 109 or section 110, in relation to— (a) the workers employed directly by him, or by or through any agency; and (b) the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agent, master or other officer-in-charge or person; 7* * * * (p) “prescribed” means prescribed by rules made by the State Government under this Act; 8* * * - (r) where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such sets is called a [9][“group” or “relay”] and each of such periods is called a “shift”. 1. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976). 2. The Explanation numbered as Explanation I by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987). 3. Subs. by s. 2, ibid., for “different relays” (w.e.f. 1-12-1987). 4. Ins. by s. 2, ibid. (w.e.f. 1-12-1987). 5. Certain words omitted by s. 2, ibid., (w.e.f. 1-12-1987). 6. Subs. by s. 2, ibid., for “Provided that” (w.e.f. 1-12-1987). 7. Clause (o) omitted by s. 2, ibid., (w.e.f. 1-12-1987). 8. Clause (q) omitted by Act A. O. 1950. 9. Subs. by Act 20 of 1987, s. 2, for “relay” (w.e.f. 1-12-1987). 8 ----- **STATE AMENDMENTS** **Maharashtra** **Amendment of section 2 of 63 of 1948.—In section 2 of the Factories Act, 1948 (63 of 1948), in its** application to the State of Maharashtra (hereinafter referred to as “the principal Act”), in clause (m),— (a) in sub-clause (i), after the words “whereon ten or more workers” the words “or such number of workers as may be specified by the State Government by notification, from time to time” shall be inserted; (b) in sub-clause (ii), after the words “whereon twenty or more workers” the words “or such number of workers as may be specified by the State Government by notification, from time to time” shall be inserted; (c) after sub-clause (ii), the following proviso shall be inserted, namely:— “Provided that, the number of workers to be specified by the State Government in sub-clauses (i) and (ii) shall not exceed twenty and forty workers, respectively.”. [Vide Maharashtra Act 40 of 2015, s. 2]. **Ladakh (UT)** Section 2.—In clause (m), (i) in sub-clauses (i) for the words “ten or more workers”, the words “twenty or more workers” shall be substituted; (ii) in sub-clause(ii), for the words “twenty or more workers”, the words “forty or more workers” shall be substituted. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] **Jammu and Kashmir (UT)** Section 2.—In clause (m), in sub-clauses (i) and (ii), for “ten” and “twenty”, substitute “twenty” and “forty” respectively. [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3465(E), dated (5-10-2020).] **Uttar Pradesh** **Amendment of section 63 of 1948.—In section 2 of the Factories Act, 1948 as amended in its application** to Uttar Pradesh, herein after referred to as principal Act, in clause (m),- (i) in sub-clause (i), for the words "ten or more", the words "twenty or more" shall be substituted; (ii) in sub-clause (ii), for the words "twenty or more", the words "forty or more" shall be substituted. [Vide Uttar Pradesh Act 13 of 2018, s. 2] **Arunachal Pradesh** **Amendment of section 2.—In section 2 of the Factories Act, 1948 (Central Act 63 of 1948), as in** force in the State of Arunachal Pradesh (hereinafter referred to as the “principal Act”), in clause (m),- (i) in sub-clause (i), for the words “ten or more workers”, the words “twenty or more workers” shall be substituted. (ii) in sub-clause (ii), for the words “twenty or more workers” the words “forty or more workers” shall be substituted. [Vide Arunachal Pradesh Act 6 of 2020, s. 2] **Rajasthan** **Amendment of section 2, Central Act No. 63 of 1948.-** In section 2 of the Factories Act, 1948 (Central Act No. 63 of 1948), in its application to the State of Rajasthan, hereinafter referred to as the principal Act, (i) in sub-clause (i) of clause (m), for the existing word "ten", the word "twenty" shall be substituted; and (ii) in sub-clause (ii) of clause (m), for the existing word "twenty", the word "forty" shall be substituted. [Vide Rajasthan Act 20 of 2014, s. 2] **3. Reference to time of day.—In this Act references to time of day are references to Indian Standard** Time, being five and a half hours ahead of Greenwich Mean Time: 9 ----- Provided that for any area in which Indian Standard Time is not ordinarily observed the State Government may make rules— (a) specifying the area, (b) defining the local mean time ordinarily observed therein, and (c) permitting such time to be observed in all or any of the factories situated in the area. 1[4. Power to declare different departments to be separate factories or two or more factories to be a **single factory.—The State Government may, [2][on its own or] on an application made in this behalf by an** occupier, direct, by an order in writing [2][and subject to such conditions as it may deem fit], that for all or any of the purposes of this Act different departments or branches of a factory of the occupier specified in the application shall be treated as separate factories or that two or more factories of the occupier specified in the application shall be treated as a single factory:] 3[Provided that no order under this section shall be made by the State Government on its own motion unless an opportunity of being heard is given to the occupier.] **5. Power to exempt during public emergency.—In any case of public emergency the State Government** may, by notification in the Official Gazette, exempt any factory or class or description of factories from all or any of the provisions of this Act [4][except section 67] for such period and subject to such conditions as it may think fit: Provided that no such notification shall be made for a period exceeding three months at a time. 5[Explanation.—For the purposes of this section “public emergency” means a grave emergency whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or internal disturbance.] **Arunachal Pradesh** **Insertion of section 5A.—After section 5 of the principal Act, the following section shall be inserted,** namely:- ‘5A. Where the State Government is safisfied in the public interest that it is necessary to create more economic activities and employment opportunities, it may, by notification in the Official Gazette, exempt, subject to such conditions as it may think fit, any new factory or class or description of new factories which are established and whose commercial production start, from or any of the provisions of this Act for a period of one thousand days from the date on which such commercial production start.’ Explanation.—For the purposes of this section, the expression “new factory or class or description of new factories” means such factory or class or description of factories which are established and whose commercial production start within a period of one thousands days after the commencement of the Factories (Arunachal Pradesh Amendment) ordinance, 2020. [Vide Arunachal Pradesh Act 6 of 2020, s. 3] **6. Approval, licensing and registration of factories.—(1) The State Government may make rules—** 6[(a) requiring, for the purposes of this Act, the submission of plans of any class or description of factories to the Chief Inspector or the State Government;] 7[(aa) requiring the previous permission in writing of the State Government or the Chief Inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories; (b) requiring for the purpose of considering applications for such permission the submission of plans and specifications; (c) prescribing the nature of such plans and specifications and by whom they shall be certified; (d) requiring the registration and licensing of factories or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licences; 1. Subs. by Act 25 of 1954, s. 3, for section 4 (w.e.f. 7-5-1954). 2. Ins. by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987). 3. Added by s. 2, ibid. (w.e.f. 1-12-1987). 4. Ins. by the A.O. 1950. 5. Ins. by Act 94 of 1976, s. 3 (w.e.f. 26-10-1976). 6. Ins. by s. 4, ibid. (w.e.f. 26-10-1976). 7. Clause (a) re-lettered as clause (aa) by Act 94 of 1976, s. 4 (w.e.f. 26-10-1976). 10 ----- (e) requiring that no licence shall be granted or renewed unless the notice specified in section 7 has been given. (2) If on an application for permission referred to in [1][clause (aa)] of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the Suite Government or Chief Inspector by registered post, no order is communicated to the applicant within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted. (3) Where a State Government or a Chief Inspector refuses to grant permission to the site, construction or extension of a factory or to the registration and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case. _Explanation.—A factory shall not be deemed to be extended within the meaning of this section by_ reason only of the replacement of any plant or machinery or within such limits as may be prescribed, of the addition of any plant or machinery [2][if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to health]. **7. Notice by occupier.—(1) The occupier shall, at least fifteen days before he begins to occupy or** use any premises as a factory, send to the Chief Inspector a written notice containing— (a) the name and situation of the factory; (b) the name and address of the occupier; 3[(bb) the name and address of the owner of the premises or building (including the precincts thereof) referred to in section 93;] (c) the address to which communications relating to the factory may be sent; (d) the nature of the manufacturing process— (i)carried on in the factory during the last twelve months in the case of factories in existence on the date of the commencement of this Act; and (ii) to be carried on in the factory during the next twelve months in the case of all factories; 4[(e) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate stand-by plant;] (f) the name of the manager of the factory for the purposes of this Act; (g) the number of workers likely to be employed in the factory; (h) the average number of workers per day employed during the last twelve months in the case of a factory in existence on the date of the commencement of this Act; (i) such other particulars as may be prescribed. (2) In respect of all establishments which come within the scope of the Act for the first lime, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in subsection (1) within thirty days from the date of the commencement of this Act. (3) Before a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) [5][at least thirty days] before the date of the commencement of work. 1. Subs. by Act 94 of 1976, s. 4, for “clause (a)” (w.e.f. 26-10-1976). 2. Ins. by s. 4, ibid. (w.e.f. 26-10-1976). 3. Ins. by Act 25 of 1954, s. 4 (w.e.f. 7-5-1954). 4. Subs. by Act 94 of 1976, s. 5, for “clause (e)” (w.e.f. 26-10-1976). 5. Subs. by Act 40 of 1949, s. 3 and the Second Schedule, for “within thirty days” (w.e.f. 1-5-1949). 11 ----- (4) Whenever a new manager is appointed, the occupier shall send to the [1][Inspector a written notice and to the Chief Inspector a copy thereof] within seven days from the date on which such person takes over charge. (5) During any period for which no person has been designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as manager, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act. CHAPTER II THE INSPECTING STAFF 2[7A. General duties of the occupier.—(1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. (2) Without prejudice to the generality of the provisions of sub-section (1), the matters to which such duty extends, shall include— (a) the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health: (b) the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances; (c) the provisions of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work: (d) the maintenance of all places of work in the factory in a condition that is safe and without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks; (e) the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work. (3) Except in such cases as may be prescribed, every occupier shall prepare, and, as often as may be appropriate, revise, a written statement of his general policy with respect to the health and safely of the workers at work and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner as may be prescribed. **7B. General duties of manufacturers, etc., as regards articles and substances for use in** **factories.—(1) Every person who designs, manufactures, imports or supplies any article for use in any** factory, shall— (a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used; (b) carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of clause (a); (c) take such steps as may be necessary to ensure that adequate information will be available— (i) in connection with the use of the article in any factory; (ii) about the use for which it is designed and tested; and (iii) about any conditions necessary to ensure that the article, when put to such use, will be safe, and without risks to the health of the workers: Provided that where an article is designed or manufactured outside India, it shall be obligatory on the part of the importer to see— (a) that the article conforms to the same standards if such article is manufactured in India, or 1. Subs. by Act 25 of 1954, s. 4, for “Chief Inspector a written notice” (w.e.f. 7-5-1954). 2. Ins. by Act 20 of 1987, s. 4 (w.e.f. 1-12-1987). 12 ----- (b) if the standards adopted in the country outside for the manufacture of such article is above the standards adopted in India, that the article conforms to such standards. (2) Every person, who undertakes to design or manufacture any article for use in any factory may carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to the health or safety of the workers to which the design or article may give rise. (3) Nothing contained in sub-sections (1) and (2) shall be construed to require a person to repeat the testing, examination or research which has been carried out otherwise than by him or at his instance in so far as it is reasonable for him to rely on the results thereof for the purposes of the said sub-sections. (4) Any duty imposed on any person by sub-sections (1) and (2) shall extend only to things done in the course of business carried on by him and to matters within his control. (5) Where a person designs, manufactures, imports or supplies an article on the basis of a written undertaking by the user of such article to take the steps specified in such undertaking to ensure, so far as is reasonably practicable, that the article will be safe and without risks to the health of the workers when properly used, the undertaking shall have the effect of relieving the person designing, manufacturing, importing or supplying the article from the duty imposed by clause (a) of sub-section (1) to such extent as is reasonable having regard to the terms of the undertaking. (6) For the purposes of this section, an article is not to be regarded as properly used if it is used without regard to any information or advice relating to its use which has been made available by the person who has designed, manufactured, imported or supplied the article. _Explanation.—For the purposes of this section”, “article” shall include plant and machinery]._ **STATE AMENDMENT** **Tamil Nadu** **Insertion of new section 7-AA.—After section 7-A of the Factories Act, 1948 (Central Act LXIII of** 1948), the following section shall be inserted, namely:- “7-AA. Occupier of Match or Fire Works Factory to insure workers.--(1) The occupier of every factory wherein the manufacture of match or fire works is carried on shall get every worker employed in the factory insured for a sum of not less than fifty thousand rupees and keep the insurance alive so long as the worker is employed in the factory. The payment of premium for such insurance shall be the liability of the occupier. (2) The occupier shall send to the Chief Inspector a report containing the details of the insurance referred to in sub-section (1) at such intervals with such particulars, in such form and in such manner as may be prescribed by the State Government. (3) If an occupier fails to comply with the provisions of sub-section (1), the Chief Inspector may, after giving the occupier an opportunity of being heard and after considering the representation, if any, cancel the licence granted under this Act.". [Vide Tamil Nadu Act 29 of 2007, s. 2] **8. Inspectors.—(1) The State Government may, by notification in the Official Gazette, appoint such** persons as possess the prescribed qualification to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit. (2) The State Government may, by notification in the Official Gazette, appoint any person to be a Chief Inspector who shall, in addition to the powers conferred on a Chief Inspector under this Act, exercise the powers of an Inspector throughout the State. 1[(2A) The State Government may, by notification in the Official Gazette, appoint as many Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and as many other officers as it thinks fit to assist the Chief Inspector and to exercise such of the powers of the Chief Inspector as may be specified in such notification. 1. Ins. by Act 94 of 1976, s. 6 (w.e.f. 26-10-1976). 13 ----- (2B) Every Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other officer appointed under sub-section (2A) shall, in addition to the powers of a Chief Inspector specified in the notification by which he is appointed, exercise the power of an Inspector throughout the State]. (3) No person shall be appointed under sub-section (1), sub-section (2)[1][,sub-section (2A)] or sub section (5) or, having been so appointed, shall continue to hold office, who is or becomes directly or indirectly interested in a factory or in any process or business carried on therein or in any patent or machinery connected therewith. (4) Every District Magistrate shall be an Inspector for his district. (5) The State Government may also, by notification as aforesaid, appoint such public officers as it thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such local limits as it may assign to them respectively. (6) In any area where there are more Inspectors than one the State Government may, by notification as aforesaid, declare the powers which such Inspectors shall respectively exercise and the Inspector to whom the prescribed notices are to be sent. (7)[1][Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other officer appointed under this section] shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860), and shall be officially subordinate to such authority as the State Government may specify in this behalf. **9. Powers of Inspectors.—Subject to any rules made in this behalf, an Inspector may within the local** limits for which he is appointed,— (a) enter, with such assistants, being persons in the service of the Government or any local or other public authority, [2][or with an expert] as he thinks fit, any place which is used, or which he has reason to believe is used, as a factory; 3[(b) make examination of the premises, plant, machinery, article or substance; (c) inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not, and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry; (d) require the production of any prescribed register or any other document relating to the factory; (e) seize, or take copies of, any register, record or other document or any portion thereof as he may consider necessary in respect of any offence under this Act, which he has reason to believe, has been committed; (f) direct the occupier that any premises or any part thereof, or anything lying therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary for the purpose of any examination under clause (b); (g) take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination under clause (b), taking with him any necessary instrument or equipment; (h) in case of any article or substance found in any premises, being an article or substance which appears to hi m as having caused or is likely to cause danger to the health or safety of the workers, direct it to be dismantled or subject it to any process or test (but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take possession of any such article or substance or a part thereof, and detain it for so long as is necessary for such examination; (i) exercise such other powers as may be prescribed:] 1. Subs. by Act 94 of 1976, s. 6,for “every Chief Inspector and Inspector” (w.e.f. 26-10-1976). 2. Ins. by Act 20 of 1987, s. 5 (w.e.f. 1-12-1987). 3. Subs. by s. 5, ibid., for clause (b) and (c) (w.e.f. 1-12-1987 ). 14 ----- **10. Certifying surgeons.—(1) The State Government may appoint qualified medical practitioners to** be certifying surgeons for the purposes of this Act within such local limits or for such factory or class or description of factories as it may assign to them respectively. (2) A certifying surgeon may, with the approval of the State Government, authorise any qualified medical practitioner to exercise any of his powers under this Act for such period as the certifying surgeon may specify and subject to such conditions as the State Government may think fit to impose, and references in this Act to a certifying surgeon shall be deemed to include references to any qualified medical practitioner when so authorised. (3) No person shall be appointed to be, or authorised to exercise the powers of, a certifying surgeon, or having been so appointed or authorised, continue to exercise such powers, who is or becomes the occupier of a factory or is or becomes directly or indirectly interested therein or in any process or business carried on therein on in any process or machinery connected therewith or is otherwise in the employ of the factory: 1[Provided that the State Government may, by order in writing and subject to such conditions as may be specified in the order, exempt any person or class of persons from the provisions of this sub-section in respect of any factory or class or description of factories.] (4) The certifying surgeon shall carry out such duties as may be prescribed in connection with— (a) the examination and certification of young persons this Act; (b) the examination of person engaged in factories in such dangerous occupations or processes as may be prescribed; (c) the exercising of such medical supervision as may be prescribed for any factory or class or description of factories where— (i) cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried on, or other conditions of work prevailing, therein; (ii) by reason of any change in the manufacturing process carried on or in the substances used therein or by reason of the adoption of any new manufacturing process or of any new substance for use in a manufacturing process, there is a likelihood of injury to the health of workers employed in that manufacturing process; (iii) young persons are, or are about to be, employed in any work which is likely to cause injury to their health. _Explanation.—In this section “qualified medical practitioner” means a person holding a qualification_ granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (7 of 1916), or in the Schedules to the Indian Medical Council Act, 1933 (27 of 1933)[2]. CHAPTER III HEALTH **11. Cleanliness.—(1) Every factory shall be kept clean and free from effluvia arising from any drain,** privy or other nuisance, and in particular— (a) accumulation of dirt and refuse shall be removed daily by sweeping or by any other effective method from the floors and benches of workrooms and from staircases and passages, and disposed of in a suitable manner; (b) the floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant, where necessary, or by some other effective method; (c) where a floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained; (d) all inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases shall— (i) where they are [3][painted otherwise than with washable water-paint] or varnished, be re painted or re-varnished at least once in every period of five years; 1. Ins. by Act 94 of 1976, s. 7 (w.e.f. 26-10-1976). 2. See now the Indian Medical Council Act, 1956 (102 of 1956). 3. Subs. by Act 94 of 1976, s. 8, for “painted” (w.e.f. 26-10-1976). 15 ----- 1[(ia) where they are painted with washable water-paint, be re-painted with at least one coat of such paint at least once in every period of three years and washed at least once in every period of six months;] (ii) where they are painted or varnished or where they have smooth impervious surfaces be cleaned at least once in every period of fourteen months by such method as may be prescribed; (iii) in any other case, be kept white washed or colour washed, and the whitewashing or colour washing shall be carried out at least once in every period of fourteen months; 2[(dd) all doors and window frames and other wooden or metallic framework and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every period of five years;] (e) the dates on which the processes required by clause (d) are carried out shall be entered in the prescribed register. (2) If, in view of the nature of the operations carried on [3][in a factory or class or description of factories or any part of a factory or class or description of factories], it is not possible for the occupier to comply with all or any of the provisions of subsection (1), the State Government may by order exempt such factory or class or description of factories [4][or part] from any of the provisions of that sub-section and specify alternative methods for keeping the factory in a clean stale. **12. Disposal of wastes and effluents.—[5][(1) Effective arrangements shall be made in every factory** for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal.] (2) The State Government may make rules prescribing the arrangements to be made under sub-section (1) or requiring that the arrangements made in accordance with sub-section (1) shall be approved by such authority as may be prescribed. **13. Ventilation and temperature.—(1) Effective and suitable provision shall be made in ever** factory for securing and maintaining in every workroom— (a) adequate ventilation by the circulation of fresh air, and (b) such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health; and in particular,— (i) walls and roofs shall be of such material and so designed that such temperature shall not be exceeded bill kept as tow as practicable; (ii) where the nature of the work carried on in the factory involves, or is likely to involve the production of excessively high temperatures, such adequate measures as are practicable shall be taken to protect the workers therefrom, by separating the process which produces such temperatures from the workroom, by insulating the hot parts or by other effective means. (2) The State Government may prescribe a standard of adequate ventilation and reasonable temperature for any factory or class or description of factories or parts thereof and direct that[6][proper me assuring instruments, at such places and in such position as may be specified, shall be provided and such records, as may be prescribed, shall be maintained.] 7[(3) If it appears to the Chief Inspector that excessively high temperatures in any factory can be reduced by the adoption of suitable me assures, he may, without prejudice to the rules made under 1. Ins. by Act 94 of 1976, s. 8 (w.e.f. 26-10-1976). 2. Ins. by s. 8, ibid. (w.e.f. 26-10-1976). 3. Subs. by s. 8,ibid.,for “in a factory” (w.e.f. 26-10-1976). 4. Ins. by s. 8, ibid. (w.e.f. 26-10-1976). 5. Subs. by s. 9, ibid., for sub-section (1) (w.e.f. 26-10-1976). 6. Subs. by Act 20 of 1987, s. 6, for certain words (w.e.f. 1-12-1987). 7. Subs. by s. 6, ibid., for “sub-section (3) (w.e.f. 1-12-1987). 16 ----- sub-section (2), serve on the occupier, an order in writing specifying the me assures which, in his opinion, should be adopted, and requiring them to be carried out before a specified date.] **14. Dust and fume.—(1) In every factory in which, by reason of the manufacturing process carried** on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, or any dust in substantial quantities, effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible. (2) In any factory no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air, and no other internal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes therefrom as are likely to be injurious to workers employed in the room. **15. Artificial humidification.—(1) In respect of all factories in which the humidity of the air is** artificially increased, the State Government may make rules,— (a) prescribing standards of humidification; (b) regulating the methods used for artificially increasing the humidity of the air; (c) directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded; (d) prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the workrooms. (2) In any factory in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively purified before it is so used. (3) If it appears to an Inspector that the water used in a factory for increasing humidity which is required to be effectively purified under sub-section (2) is not effectively purified he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and requiring them to be carried out before specified date. **16. Overcrowding.—(1) No room in any factory shall be overcrowded to an extent injurious to the** health of the workers employed therein. (2) Without prejudice to the generality of sub-section (1) there shall be in every workroom of a factory in existence on the date of the commencement of this Act at least[1][9.9 cubic meters] and of a factory built after the commencement of this Act at least[2][14.2 cubic meters] of space for every worker employed therein, and for the purposes of this sub-section no account shall be taken of any space which is more than[3][4.2 meters] above the level of the floor of the room. (3) If the Chief Inspector by order in writing so requires, there shall be posted in each workroom of a factory a notice specifying the maximum number of workers who may, in compliance with the provisions of this section, be employed in the room. (4) The Chief Inspector may by order in writing exempt, subject to such conditions, if any, as he may think fit to impose, any workroom from the provisions of this section, if he is satisfied that compliance therewith in respect of the room is unnecessary in the interest of the health of the workers employed therein. **17. Lighting.—(1) In every pan of a factory where workers are working of passing there shall be** provided and maintained sufficient and suitable lighting, natural or artificial, or both. 1. Subs. by Act 20 of 1987, s. 7 for “three hundred and fifty cubic feet” (w.e.f. 1-12-1987). 2. Subs. by s. 7, ibid., for “five hundred cubic feet” (w.e.f. 1-12-1987). 3. Subs. by s. 7, ibid., for “fourteen feet” (w.e.f. 1-12-1987). 17 ----- (2) In every factory all glazed windows and skylights used for the lighting of the workrooms shall be kept clean on both the inner and outer surfaces and, so far as compliance with the provisions of any rules made under sub-section (3) of section 13 will allow, free from obstruction. (3) In even factory effective provision shall, so far as is practicable, be made for the prevention of— (a) glare, either directly from a source of light or by reflection from a smooth or polished surface: (b) the formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker. (4) The State Government may prescribe standards of sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing process. **18. Drinking water.—(1) In every factory effective arrangements shall be made to provide and** maintain at suitable points conveniently situated for all workers employed therein a sufficient supply of wholesome drinking water. (2) All such points shall be legibly marked “drinking water” in a language understood by a majority of the workers employed in the factory, and no such point shall be situated within [1][six meters of any washing place, urinal, latrine, spittoon, open drain carrying sull age or effluent or any other source of contamination] unless a shorter distance is approved in writing by the Chief Inspector. (3) In every factory wherein more than two hundred and fifty workers are ordinarily employed, provision shall be made for cool drinking water during hot weather by effective means and for distribution thereof. (4) In respect of all factories or any class or description of factories the State Government may make rules for securing compliance with the provisions of sub-sections (1), (2) and (3) and for the examination by prescribed authorities of the supply and distribution of drinking water in factories. **19. Latrines and urinals.—(1) In every factory—** (a) sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are at factory; (b) separate enclosed accommodation shall be provided for male and female workers; (c) such accommodation shall be adequately lighted and ventilated, and no latrine or urinal shall, unless specially exempted in writing by the Chief Inspector, communicate with any work room except through an intervening open space or ventilated passage; (d) all such accommodation shall be maintained in a clean and sanitary condition at all times; (e) sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals and washing places. (2) In every factory wherein more than two hundred and fifty workers are ordinarily employed— (a) all latrine and urinal accommodation shall be of prescribed sanitary types; (b) the floors and internal walls, up to a height of[2][ninety centimeters], of the latrines and urinals and the sanitary blocks shall be laid in glazed tiles or otherwise finished to provide a smooth polished impervious surface; (c) without prejudice to the provisions of clauses (d) and (e) of sub-section (1), the floors, portions of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall be thoroughly washed and cleaned at least once in every seven days with suitable detergents or disinfectants or with both. 1. Subs. by Act 20 of 1987, s. 8, for “twenty feet of any washing place, urinal or latrine” (w.e.f. 1-12-1987). 2. Subs. Act 20 of 1987, by s. 9, “three feet” (w.e.f. 1-12-1987). 18 ----- (3) The State Government may prescribe the number of latrines and urinals to be provided in any factory in proportion to the numbers of male and female workers ordinarily employed therein, and provide for such further mailers in respect of sanitation in factories, including the obligation of workers in this regard, as it considers necessary in the interest of the health of the workers employed therein. **20. Spittoons.—(1) In every factory there shall be provided a sufficient number of spittoons in** convenient places and they shall be maintained in a clean and hygienic condition. (2) The State Government may make rules prescribing the type and the number of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition. (3) No person shall spit within the premises of a factory except in the spittoons provided for the purpose and a notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises. (4) Whoever spits in contravention of sub-section (3) shall be punishable with fine not exceeding five rupees. CHAPTER IV SAFETY **21. Fencing of machinery.—(1) In every factory the following, namely:—** (i) every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime mover or flywheel is in the engine house or not; (ii) the headrace and tailrace of every water-wheel and water turbine: (iii) any part of a stock-bar which projects beyond the head stock of a lathe; and (iv) unless they are in such position or of such construction as to be safe to every person employed in the factory as they would be if they were securely fenced, the following, namely:— (a) every part of an electric generator, a motor or rotary converter; (b) every part of transmission machinery; and (c) ever dangerous part of any other machinery; shall be securely fenced by safeguards of substantial construction which [1][shall be constantly maintained and kept in position] while the parts of machinery the y are fencing are in motion or in use: 2[Provided that for the purpose of determining whether any part of machinery is in such position or is of such construction as to be safe as aforesaid, account shall not be taken of any occasion when— (i) it is necessary to make an examination of any part of the machinery aforesaid while it is in motion or, a s a result of such examination, to carry out lubrication or other adjusting operation while the machinery is in motion, being an examination or operation which it is necessary to be carried out while that part of the machinery is in motion, or (ii) in the case of any part of a transmission machinery used in such process as may be prescribed (being a process of a continuous nature the currying on of which shall be, or is likely to be, substantially interfered with by the stoppage of that part of the machinery), it is necessary to make an examination of such part of the machinery while it is in motion or, a s a result of such examination, to carry out any mounting or shipping of belts or lubrication or other adjusting operation while the machinery is in motion, and such examination or operation is made or carried out in accordance with the provisions of sub-section (1) of section 22.] 1. Subs. by Act 94 of 1976, s. 10, for “shall be kept in position” (w.e.f. 26-10-1976). 2. Subs. by s. 10, ibid., for the proviso (w.e.f. 26-10-1976). 19 ----- (2) The State Government may by rules prescribe such further precautions as it may consider necessary in respect of any particular machinery or part thereof, or exempt, subject to such condition as may be prescribed, for securing the safety of the workers, any particular machinery or part thereof from the provisions of this section. **22. Work on or near machinery in motion.—(1) [1][Where in any factory it becomes necessary to** examine any part of machinery referred to in section 21, while the machinery is in motion, or, as a result of such examination, to carry out— (a) in case referred to in clause (i) of the proviso to sub-section (1) of section 21, lubrication or other adjusting operation; or (b) in a case referred to in clause (ii) of the proviso aforesaid, any mounting or shipping of belts or lubrication or other adjusting operation, while the machinery is in motion, such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been recorded in the register prescribed in this behalf and who has been furnished with a certificate of this appointment, and while he is so engaged,— (a) such worker shall not handle a belt at a moving pulley unless— (i) the belt is not more than fifteen centimeters in width; (ii) the pulley is normally for the purpose of drive and not merely a fly-wheel or balance wheel (in which case a belt is not permissible); (iii) the belt joint is either laced or flush with the belt; (iv) the belt, including the joint and the pulley rim, are in good repair; (v) there is reasonable clearance between the pulley and any fixed plant or structure; (vi) secure foothold and, where necessary, secure handhold, are provided for the operator; and (vii) any ladder in use for carrying out any examination or operation aforesaid is securely fixed or lashed or is firmly held by a second person;] (b) without prejudice to any other provision of this Act relating to the fencing of machinery, every set screw, bolt and key on any revolving shaft, spindle, wheel or pinion, and all spur, worm and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced to prevent such contact. 2[(2) No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery.] (3) The State Government may, by notification in the Official Gazelle, prohibit, in any specified factory or class or description of factories, the cleaning, lubricating or adjusting by any person of specified parts of machinery when those parts are in motion. **23. Employment of young persons on dangerous machines.—(1) No young person [3][shall be** required or allowed to work] at any machine to which this section applies, unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed and— (a) has received sufficient training in work at the machine, or (b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine. 1. Subs. by Act 94 of 1976, s. 10, for the opening paragraph and clause (a) (w.e.f. 26-10-1976). 2. Subs. by Act 25 of 1954, s. 6, for sub-section (2) (w.e.f. 7-5-1954). 3. Subs. by Act 20 of 1987, s. 10, for “shall work” (w.e.f. 1-12-1987). 20 ----- (2) Sub-section (1) shall apply to such machines as may be prescribed by the State Government, being machines which in its opinion are of such a dangerous character that young persons ought not to work at them unless the foregoing requirements are complied with. **24. Striking gear and devices for cutting off power.—(1) In every factory—** (a) suitable striking gear or other efficient me chemical appliance shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery, and such gear or appliances shall be so constructed, placed and maintained as to prevent the belt from creeping back on the fast pulley; (b) driving belts when not in use shall not be allowed to rest or ride upon shafting in motion. (2) In every factory suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in every workroom: Provided that in respect of factories in operation before the commencement of this Act, the provisions of this sub-section shall apply only to workrooms in which electricity is used as power. 1[(3) When a device, which can inadvertently shift from “off “ to “on” position, is provided in a factory to cut off power, arrangements shall be provided for locking the device in safe position to prevent accidental starting of the transmission machinery or other machines to which the device is fitted]. **25. Self-acting machines.—No traversing part of a self-acting machine in any factory and no** material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed to run on its outward or inward traverse within a distance of [2][forty-five centimeters] from any fixed structure which is not part of the machine: Provided that the Chief Inspector may permit the continued use of a machine installed before the commencement of this Act which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose. **26. Casing of new machinery.—(1) In all machinery driven by power and installed in any factory** after the commencement of this Act,— (a) every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; (b) all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased, unless it is so situated as to be as safe as it would be if it were completely encased. (2) Whoever sells or lets on hi re or, as agent of a seller or hirer, causes or procures to be sold or let on hi re, for use in a factory any machinery driven by power which does not comply with the provisions of [3][sub-section (1) or any rules made under sub-section (3)], shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. 4[(3) The State Government may make rules specifying further safeguards to be provided in respect of any other dangerous part of any particular machine or class or description of machines.] **27. Prohibition of employment of women and children near cotton-openers.—No woman or child** shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work: Provided that if the feed-end of a cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the Inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed-end is situated. 1. Ins. by Act 94 of 1976, s. 12 (w.e.f. 26-10-1976). 2. Subs. by Act 20 of 1987, s. 11, for “eighteen inches” (w.e.f. 1-12-1987). 3. Subs. by Act 25 of 1954, s. 7, for “sub-section (1)” (w.e.f. 7-5-1954). 4. Subs. by s. 7, ibid., for “sub-section (3)” (w.e.f. 7-5-1954). 21 ----- **28. Hoists and lifts.—(1) In every factory—** (a) every hoist and lift shall be— (i) of good mechanical construction, sound material and adequate strength; (ii) properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six months, and a register shall be kept containing the prescribed particulars of very such examination; (b) every hoistway and lift way shall be sufficiently protected by an enclosure fitted with gates, and the hoist or lift and every such enclosure shall be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part; (c) the maximum safe working load shall be plainly marked on every hoist or lift, and no load greater than such toad shall be carried thereon; (d) the cage of every hoist or lift used for carrying persons shall be fitted with a gate on each side from which access is afforded to a landing; (e) every gate referred to in clause (b) or clause (d) shall be fitted with interlocking or other efficient device to secure that the gate cannot be opened except when the cage is at the landing and that the cage cannot be moved unless the gate is closed. (2) The following additional requirement shall apply to hoists and lifts used for carrying persons and installed or reconstructed in a factory after the commencement of this Act, namely:— (a) where the cage is supported by rope or chain, there shall be at least two ropes of chains separately connected with the cage and balance weight, and each rope or chain with its attachments shall be capable of carrying the whole weight of the cage together with its maximum load; (b) efficient devices shall be provided and maintained capable of supporting the cage together with its maximum load in the event of breakage of the ropes, chains or attachments; (c) an efficient automatic device shall be provided and maintained to prevent the cage from over-running. (3) The Chief Inspector may permit the continued, use of a hoist of lift installed in a factory before the commencement of this Act which does not fully comply with the provisions of sub-section (1) upon such conditions for ensuring safely as he may think fit to impose. (4) The State Government may, if in respect of any class or description of hoist or lift, it is of opinion that it would be unreasonable to enforce any requirement of sub-sections (1) and (2), by order direct that such requirement shall not apply to such class or description of hoist or lift. 1[Explanation.—For the purposes of this section, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage, the direction or movement of which is restricted by a guide or guides.] 2[29. Lifting machines, chains, ropes and lifting tackles.—(1) In any factor the following provisions shall be complied with in respect of every lifting machine (other than a hoist and lift) and every chain, rope and lifting tackle for the purpose of raising or lowering persons, goods or materials:— (a) all parts, including the working gear, whether fixed or movable, of every lifting machine and every chain, rope or lifting tackle shall be— (i) of good construction,” sound material and adequate strength and free from defects; (ii) properly maintained; and (iii) thoroughly examined by a competent person at least once in every period of twelve months, or at such intervals as the Chief Inspector may specify in writing; and a register shall be kept containing the prescribed particulars of every such examination; (b) no lifting machine and no chain, rope or lifting tackle shall, except for the purpose of test be loaded beyond the safe working toad which shall be plainly marked thereon together with an identification mark and duly entered in the prescribed register; and where this is not practicable, a table showing the safe working loads of every kind and size of lifting machine or chain, rope or lifting tackle in use shall be displayed in prominent positions on the premises; (c) while any person is employed or working on or near the wheel track of a travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within [3][six meters] of that place. (2) The State Government may make rules in respect of any lifting machine or any chain, rope or lifting tackle used in factories— (a) prescribing further requirements to be complied with in addition to those set out in this section; 1. Ins. by Act 20 of 1987, s. 12 (w.e.f. 1-12-1987). 2. Subs. by Act 25 of 1954, s. 8, for section 29 (w.e.f. 7-5-1954). 3. Subs. by Act 20 of 1987, s. 13, for “twenty feet” (w.e.f. 1-12-1987). 22 ----- (b) providing for exemption from compliance with all or any of the requirements of this section, where in its opinion, such compliance is unnecessary or impracticable. (3) For the purposes of this section a lifting machine or a chain, rope or lifting tackle shall be deemed to have been thoroughly examined if a visual examination supplemented, if necessary, by other means and by the dismantling of parts of the gear, has been carried out as carefully as the conditions permit in order to arrive at a reliable conclusion as to the safely of the parts examined. _Explanation.—In this section.—_ (a) “lifting machine” means a crane, crab, winch, teagle, pulley block, gin wheel, transporter or runway; 1[(b) “lifting tackle” means any chain sling, rope sling, hook, shackle, swivel, coupling, socket, clamp, tray or similar appliance, whether fixed or movable, used in connection with the raising or lowering of persons, or loads by use of lifting machines.] **30. Revolving machinery.—(1)[2][In every factory] in which the process of grinding is carried on** there shall be permanently affixed to or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle upon which the wheel is mounted, and the diameter of the pulley upon such shaft or spindle necessary to secure such safe working peripheral speed. (2) The speeds indicated in notices under sub-section (1) shall not be exceeded. (3) Effective me assures shall be taken in every factory to ensure that the safe working peripheral speed of every revolving vessel, cage, basket, fly-wheel, pulley, disc or similar appliance driven by power is not exceeded. **31. Pressure plant.—[3][(1) If in any factory, any plant or machinery or any part thereof is operated at** a pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of such plant or machinery or part is not exceeded.] (2) The State Government may make rules providing for the examination and testing of any plant or machinery such as is referred to in sub-section (1) and prescribing such other safety me assures in relation thereto as may in its opinion be necessary in any factory or class or description of factories. 4[(3) The State Government may, by rules, exempt, subject to such conditions as may be specified therein, any part of any plant or machinery referred to in sub-section (1) from the provisions of this section.] **32. Floors, stairs and means of access.—In every factory—** (a) all floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained[5][and shall be kept free from obstructions and substances likely to cause persons to slip], and where it is necessary to ensure safety, steps, stairs, passages and gangways shall be provided with substantial handrails; (b) there shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person is at any time required to work. 6[(c) when any person has to work at a height from where he is likely to fall, provision shall be made, so far as is reasonably practicable, by fencing or otherwise, to ensure the safety of the person so working.] 1. Subs. by Act 20 of 1987, s. 13, for clause (b) (w.e.f. 1-12-1987). 2. Subs. by s. 14, ibid., for “in every room in a factory” (w.e.f. 1-12-1987). 3. Subs. by s. 15, ibid., for sub-section (1) (w.e.f. 1-12-1987). 4. Ins. by Act 94 of 1976, s. 13 (w.e.f. 26-10-1976). 5. Ins. by s. 14, ibid. (w.e.f. 26-10-1976). 6. Subs. by Act 20 of 1987, s. 16, for clause (c) (w.e.f. 1-12-1987). 23 ----- **33. Pits, sumps openings in floors, etc.—(1) In every factory every fixed vessel, sump, tank, pit or** opening in the ground or in a floor which, by reason of its depth, situation, construction or contents, is or may be a source of danger, shall be either securely covered or securely fenced. (2) The State Government may, by order in writing, exempt, subject to such conditions as may be prescribed, any factory or class or description of factories in respect of any vessel, sump, tank, pit or opening from compliance with the provisions of this section. **34. Excessive weights.—(1) No person shall be employed in any factory to lift, carry or move any** load so heavy as to be likely to cause him injury. (2) The State Government may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying or any specified process. **35. Protection of eyes.—In respect of any such manufacturing process carried on in any factory as** may be prescribed, being a process which involves— (a) risk of injury to the eyes from particles or fragments thrown off in the course of the process, or (b) risk to the eyes by reason of exposure to excessive light, the State Government may by rules require that effective screens or suitable goggles shall be provided for the protection of persons employed on, or in the immediately vicinity of, the process. 1[36. Precautions against dangerous fumes, gases, etc.—(1) No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume vapour or dust is likely to be present to such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective means of egress. (2) No person shall be required or allowed to enter any confined space as is referred to in sub-section (1), until all practicable me assures have been taken to remove any gas, fume, vapour or dust, which may be present so as to bring its level within the permissible limits and to prevent any ingress of such gas, fume, vapour or dust and unless— (a) a certificate in writing has been given by a competent person, based on a test carried out by himself that the space is reasonably free from dangerous gas, fume, vapour or dust; or (b) such person is wearing suitable breathing apparatus and a belt securely attached to a rope the free end of which is held by a person outside the confined space.] 2[36A. Precautions regarding the use of portable electric light.—In any factory— (a) no portable electric light or any other electric appliance of voltage exceeding twenty-four volts shall be permitted for use inside any chamber, tank, vat, pit, pipe, flue or other confined space[3][unless adequate safety devices are provided]; and (b) if any inflammable gas, fume or dust is likely to be present in such chamber, tank, vat, pit, pipe, flue or other confined space, no lamp or light other than that flame-proof construction shall be permitted to be used therein.] **37. Explosive or inflammable dust, gas, etc.—(1) Where in any factory any manufacturing process** produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode on ignition, all practicable measure shall be taken to prevent any such explosion by— (a) effective enclosure of the plant or machinery used in the process; (b) removal or prevention of the accumulation of such dust, gas, fume or vapour; (c) exclusion or effective enclosure of all possible sources of ignition. 1. Subs. by Act 20 of 1987, s. 17, for section 36 (w.e.f. 1-12-1987). 2. Ins. by Act 94 of 1976, s. 16 (w.e.f. 26-10-1976). 3. Ins. by Act 20 of 1987, s. 18 (w.e.f. 1-12-1987). 24 ----- (2) Where in any factory the plant or machinery used in a process such as is referred to in sub-section (1) is not so constructed as to withstand the probable pressure which such an explosion as aforesaid would produce, all practicable measures shall be taken to restrict the spread and effects of the explosion by the provision in the plant or machinery of chokes, baffles, vents or other effective appliances. (3) Where any part of the plant or machinery in a factory contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened except in accordance with the following provisions, namely:— (a) before the fastening of any joint of any pipe connected with the part or the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part of any such pipe shall be effectively stopped by a stop-valve or other means; (b) before any such fastening as aforesaid is removed, all practicable measures shall be taken to reduce the pressure of the gas or vapour in the part or pipe to atmospheric pressure; (c) where any such fastening as aforesaid has been loosened or removed effective measures shall be taken or prevent any explosive or inflammable gas or vapour from entering the part or pipe until the fastening has been secured, or the case may be, securely replaced; Provided that the provisions of this sub-section shall not apply in the case of plant or machinery installed in the open air. (4) No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected in any factory to any welding, brazing, soldering or cutting operation which involves the application of heat unless adequate measures have first been taken to remove such substance and any fumes arising therefrom or to render such substance and fumes non-explosive or non-inflammable, and no such substance shall be allowed to enter such plant, tank or vessel after any such operation until the metal has cooled sufficiently to prevent any risk of igniting the substance. (5) The State Government may by rules exempt, subject to such conditions as may be prescribed, any factory or class or description of factories from compliance with all or any of the provisions of this section. 1[38. Precautions in case of fire.—(1) In every factory, all practicable me assures shall he taken to prevent outbreak of fire and its spread, both internally and externally, and to provide and maintain— (a) safe means of escape for all persons in the event of a fire, and (b) the necessary equipment and facilities for extinguishing fire. (2) Effective me assures shall be taken to ensure that in every factory all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such cases. (3) The State Government may make rules, in respect of any factory or class or description of factories, requiring the meassures to be adopted to give effect to the provisions of sub-section (1) and (2). (4) Notwithstanding anything contained in clause (a) of sub-section (1) or sub-section (2), if the Chief Inspector, having regard to the nature of the work carried on in any factory, the construction of such factory, special risk to life or safety, or any other circumstances, is of the opinion that the me assures provided in the factory, whether as prescribed or not, for the purposes of clause (a) of sub-section (1) or sub-section (2), are inadequate, he may, by order in writing, require that such additional me assures as he may consider reasonable and necessary, be provided in the factory before such date as is specified in the order.] **39. Power to require specifications of defective parts or tests of stability.—If it appears to the Inspector that** any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it may be dangerous to human life or safety, he may serve on [2][the occupier or manger or both] of the factory an order in writing requiring hi m before a specified date— (a) to furnish such drawings, specifications and other particulars as may be necessary to determine whether such building, ways, machinery or plant can be used with safety, or (b) to carry out such tests in such manner as may be specified in the order, and to inform the Inspector of the results thereof. **40. Safety of buildings and machinery.—(1) If it appears to the Inspector that any building or part of a** building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on [1][the occupier or manager or both] of the factory an order in writing specifying the me assures which in his opinion should be adopted, and requiring them to be carried out before a specified date. (2) If it appears to the Inspector that the use of any building or part of a building or any part of the ways, machinery or plant in a factory involves imminent danger to human life or safety, he may serve on [1][the occupier or manager or both] of the factory an order in writing prohibiting its use until it has been properly repaired or altered. 1. Subs. by Act 20 of 1987, s. 19, for section 38 (w.e.f. 1-12-1987). 2. Subs. by Act 94 of 1976, s. 18, for “the manager” (w.e.f. 26-10-1976). 25 ----- 1[40A. Maintenance of buildings.—If it appears to the Inspector that any building or part of a building in a factory is in such a state of disrepair as is likely to lead to conditions detrimental to the health and welfare of the workers, he may serve on the occupier or manager or both of the factory an order in writing specifying the me assures which in his opinion should be taken and requiring the same to be carried out before such date as is specified in the order.] **40B. Safety Officers.—(1) In every factory—** (i) wherein one thousand or more workers arc ordinarily employed, or (ii) wherein, in the opinion of the State Government, any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory, the occupier shall, if so, required by the State Government by notification in the Official Gazette, employ such number of Safety Officers as may be specified in that notification. (2) The duties, qualifications and conditions of service of Safety Officer shall be such as may be prescribed by the State Government.] **41. Power to make rules to supplement this Chapter.—The State Government may make rules** requiring the provision in any factory or in any class or description of factories of such further[2][devices and me assures] for securing the safely of persons employed therein as it may deem necessary. 3[CHAPTER IVA PROVISION RELATING TO HAZARDOUS PROCESSES **41A. Constitution of Site Appraisal Committees.—(1) The State Government may, for purposes of** advising it to consider applications for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of an such factory, appoint a Site Appraisal Committee consisting of— (a) the Chief Inspector of the State who shall be its Chairman; (b) a representative of the Central Board for the Prevention and Control of Water Pollution appointed by the Central Government under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (c) a representative of the Central Board for the Prevention and Control of Air Pollution referred to in section 3 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); (d) a representative of the State Board appointed under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (e) a representative of the State Board for the Prevention and Control of Air Pollution referred to in section 5 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); (f) a representative of the Department of Environment in the State; (g) a representative of the Meteorological Department of the Government of India; (h) an expert in the field of occupational health; and (i) a representative of the Town Planning Department of the State Government, and not more than five other members who may be co-opted by the Slate Government who shall be— 1. Ins. by Act 94 of 1976, s. 19 (w.e.f. 26-10-1976). 2. Subs. by s. 20, ibid., for “devices” (w.e.f. 26-10-1976). 3. Ins. by Act 20 of 1987, s. 20 (w.e.f. 1-12-1987). 26 ----- (i) a scientist having specialised knowledge of the hazardous process which will be involved in the factory, (ii) a representative of the local authority within whose jurisdiction the factory is to be established, and (iii) not more than three other persons as deemed fit by the State Government. (2) The Site Appraisal Committee shall examine an application for the establishment of a factory involving hazardous process and make its recommendation to the State Government within a period of ninety days of the receipt of such application in the prescribed form. (3) Where any process relates to a factory owned or controlled by the Central Government or to a corporation or a company owned or controlled by the Central Government, the State Government shall co-opt in the Site Appraisal Committee a representative nominated by the Central Government as a member of that Committee. (4) The Site Appraisal Committee shall have power to call for any information from the person making an application for the establishment or expansion of a factory involving a hazardous process. (5) Where the State Government has granted approval to an application for the establishment or expansion of a factory involving a hazardous process, it shall not be necessary for an applicant to obtain a further approval from the Central Board or the State Board established under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981). **41B. Compulsory disclosure of information by the occupier.—(1) The occupier of every factory** involving a hazardous process shall disclose in the manner prescribed all information regarding dangers, including health hazards and the measures to overcome such hazards arising from the exposure to or handling of the materials or substances in the manufacture, transportation, storage and other processes, to the workers employed in the factory, the Chief Inspector, the local authority within whose jurisdiction the factory is situate and the general public in the vicinity. (2) The occupier shall, at the time of registering the factory involving a hazardous process, lay down a detailed policy with respect to the health and safety of the workers employed therein and intimate such policy to the Chief Inspector and the local authority and, thereafter, at such intervals as may be prescribed, inform the Chief Inspector and the local authority of any change made in the said policy. (3) The information furnished under sub-section (1) shall include accurate information as to the quantity, specifications and other characteristics of wastes and the manner of their disposal. (4) Every occupier shall, with the approval of the Chief Inspector, draw up an on-site emergency plan and detailed disaster control measures for his factory and make known to the workers employed therein and to the general public living in the vicinity of the factory the safety measures required to be taken in the event of an accident taking place. (5) Every occupier of a factory shall,— (a) if such factory engaged in a hazardous process on the commencement of the Factories (Amendment) Act, 1987, within a period of thirty days of such commencement; and (b) if such factory engaged in a hazardous process at any time after such commencement, within a period of thirty days before the commencement of such process, inform the Chief Inspector of the nature and details of the process in such form and in such manner as may be prescribed. (6) Where any occupier of a factory contravenes the provisions of sub-section (5), the licence issued under section 6 to such factory shall, notwithstanding any penalty to which the occupier or factory shall be subjected to under the provisions of this Act, be liable for cancellation. 27 ----- (7) The occupier of a factory involving a hazardous process shall, with the previous approval of the Chief Inspector, lay down measures for the handling, usage, transportation and storage of hazardous substances inside the factory premises and the disposal of such substances outside the factory premises and publicise them in the manner prescribed among the workers and the general public living in the vicinity. **41C. Specific responsibility of the occupier in relation to hazardous processes.—Every occupier** of a factory involving any hazardous process shall— (a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed; (b) appoint persons who possess qualifications and experience in handling hazardous substances and arc competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers in the manner prescribed: Provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector shall be final; (c) provide for medical examination of every worker— (a) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance, and (b) while continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve months, in such manner as may be prescribed. **41D. Power of Central Government to appoint Inquiry Committee.—(1) The Central** Government may, in the event of the occurrence of an extraordinary situation involving a factory engaged in a hazardous process, appoint an Inquiry Committee to inquire into the standards of health and safety observed in the factory with a view to finding out the causes of any failure or neglect in the adoption of any measures or standards prescribed for the health and safety of the workers employed in the factory or the general public affected, or likely to be affected, due to such failure or neglect and for the prevention and recurrence of such extraordinary situations in future in such factory or elsewhere. (2) The Committee appointed under sub-section (1) shall consist of a Chairman and two other members and the terms of reference of the Committee and the tenure of office of its members shall be such as may be determined by the Central Government according to the requirements of the situation. (3) The recommendations of the Committee shall be advisory in the nature. **41E. Emergency standards.—(1) Where the Central Government is satisfied that no standards of** safety have been prescribed in respect of a hazardous process or class of hazardous processes, or where the standards so prescribed are inadequate, it may direct the Director-General of Factory Advice Service and Labour Institutes or any institution specialised in matters relating to standards of safety in hazardous processes, to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes. (2) The emergency standards laid down under sub-section (1) shall, until they are incorporated in the rules made under this Act, be enforceable and have the same effect as if they had been incorporated in the rules made under this Act. **41F. Permissible limits of exposure of chemical and toxic substances.—(1) The maximum** permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise) in any factory shall be of the value indicated in the Second Schedule. (2) The Central Government may, at any time, for the purpose of giving effect to any scientific proof obtained from specialised institutions or experts in the field by notification in the Official Gazelle, make suitable changes in the said Schedule. 28 ----- **41G. Workers’ participation in safety management.—(1) The occupier shall, in every factory** where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of equal number of representatives of workers and management to promote co-operation between the workers and the management in maintaining proper safety and health at work and to review periodical the measures taken in that behalf: Provided that the State Government may, by order in writing and for reasons to be recorded exempt the occupier of any factory or class of factories from setting up such Committee. (2) The composition of the Safety Committee, the tenure of office of its members and their right and duties shall be such as may be prescribed. **41H. Right of workers to warn about imminent danger.—(1) Where the workers employed in any** factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of imminent danger to their lives or health due to any accident, they may bring the same to the notice of the occupier, agent, manager or any other person who is in charge of the factory or the process concerned directly or through their representatives in the Safety Committee and simultaneously bring the same to the notice of the Inspector. (2) It shall be the duty of such occupier, agent, manager or the person in charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the nearest Inspector. (3) If the occupier, agent, manager or the person in charge referred to in sub-section (2) is not satisfied about the existence of any imminent danger as apprehended by the workers, he shall, nevertheless, refer the matter forthwith to the nearest Inspector whose decision on the question of the existence of such imminent danger shall be final.] CHAPTER V WELFARE **42. Washing facilities.—(1) In every factory—** (a) adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein; (b) separate and adequately screened facilities shall be provided for the use of male and female workers; (c) such facilities shall be conveniently accessible and shall be kept clean. (2) The State Government may, in respect of any factory or class or description of factories or of any manufacturing process, prescribe standards of adequate and suitable facilities for washing. **43. Facilities for storing and drying clothing.—The State Government may, in respect of any** factory or class or description of factories, make rules requiring the provision therein of suitable places for keeping clothing not worn daring working hours and for the drying of wet clothing. **44. Facilities for sitting.—(1) In every factory suitable arrangements for sitting shall be provided and** maintained for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work. (2) If, in the opinion of the Chief Inspector, the workers in any factory engaged in a particular manufacturing process or working in a particular room are able to do their work efficiently in a sitting position, he may, by order in writing, require the occupier of the factory to provide before a specified date such seating arrangements as may be practicable for all workers so engaged or working. (3) The State Government may, by notification in the Official Gazelle, declare that the provisions of sub-section (1) shall not apply to any specified factory or class or description of factories or to any specified manufacturing process. **45. First-aid appliances.—(1) There shall in every factory be provided and maintained so as to be** readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed 29 ----- contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed [1][at any one time] in the factory. 2[(2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard. (3) Each first-aid box or cupboard shall be kept in the charge of a separate responsible person [3][who holds a certificate in first-aid treatment recognised by the State Government] and who shall always be readily available during the working hours of the factory.] 4[(4) In every factory wherein more than five hundred workers are 5[ordinarily employed] there shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed [6][and those facilities shall always be made readily available during the working hours of the factory]. **STATE AMENDMENTS** **Karnataka** **Amendment of section 45.—In section 45 of the Factories Act, 1948 (Central Act LXIII of 1948)** (hereinafter referred to as the principal Act), in sub-section (4), for the words “five hundred” the words “two hundred” shall be substituted. [Vide Karnataka Act 1 of 2003, s. 2]. **46. Canteens.—(1) The State Government may make rules requiring that in any specified factory** wherein more than two hundred and fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers.] (2) Without prejudice to the generality of the foregoing power, such r u les may provide for— (a) the date by which such canteen shall be provided; (b) the standards in respect of construction, accommodation, furniture and other equipment of the canteen; (c) the foodstuffs to be served therein and the charges which may be made therefore; (d) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen; 7[(dd) the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer;] (e) the delegation to the Chief Inspector, subject to such conditions as may be prescribed, of the power to make rules under clause (c). **47. Shelters, rest rooms and lunch rooms.—(1) In every factory wherein more than one hundred** and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers; Provided that any canteen maintained in accordance with the provisions of section 46 shall be regarded as part of the requirements of this sub-section: Provided further that where a lunch room exists no worker shall eat any food in the work room. (2) The shelters or rest rooms or lunch rooms to be provided under sub-section (1) shall be sufficiently lighted aid ventilated and shall be maintained in a cool and clean condition. 1. Ins. by Act 25 of 1954, s. 9 (w.e.f. 7-5-1954). 2. Subs. by s. 9, ibid., for sub-section (2) (w.e.f. 7-5-1954). 3. Subs. by Act 94 of 1976, s. 21, for “who is trained in first-aid treatment” (w.e.f. 26-10-1976). 4. Sub-section (3) re-numbered as sub-section (4) by Act 25 of 1954, s. 9 (w.e.f. 7-5-1954). 5. Subs. by Act 94 of 1976, s. 21, for “employed” (w.e.f. 26-10-1976). 6. Ins. by s. 21, ibid. (w.e.f. 26-10-1976). 7. Ins. by Act 94 of 1976, s. 22 (w.e.f. 26-10-1976). 30 ----- (3) The State Government may— (a) prescribe the standards in respect of construction, accommodation, furniture and other equipment of shelters, rest rooms and lunch rooms to be provided under this section; (b) by notification in the Official Gazette, exempt any factory or class or description of factories from the requirements of this section. **48. Creches.—(1) In every factory wherein more than[1][thirty women workers] are ordinarily** employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women. (2) Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants. (3) The State Government may make rules— (a) prescribing the location and the standards in respect of construction, accommodation, furniture and other equipment of rooms to be provided under this section; (b) requiring the provision in factories to which this section applies of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing; (c) requiring the provision i n any factory of free milk or refreshment or both for such children; (d) requiringthat facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals. **49. Welfare officers.—(1) In every factory wherein five hundred or more workers are ordinarily** employed the occupier shall employ in the factory such number of welfare officers as may be prescribed. (2) The State Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1). **STATE AMENDMENTS** **Karnataka** **Amendment of section 49.—In section 49 of the principal Act,—** (1) in sub-section (1), for the words “five hundred” the words “two hundred” shall be substituted; (2) after sub-section (1), the following shall be inserted, namely:— “(1A) In every factory where two hundred or more women workers are ordinarily employed the occupier shall employ in the factory, such number of female supervisors, as may be prescribed.” [Vide Karnataka Act 1 of 2003, s. 3]. **50. Power to make rules to supplement this Chapter.—The State Government may make rules—** (a) exempting, subject to compliance with such alternative arrangements for the welfare of workers as may be prescribed, any factory or class or description of factories from compliance with any of the provisions of this Chapter; (b) requiring in any factory or class or description of factories that representatives of the workers employed in the factory shall be associated with the management of the welfare arrangements of the workers. 1. Subs. by Act 94 of 1976, s. 23, for “fifty women workers” (w.e.f. 26-10-1976). 31 ----- CHAPTER VI WORKING HOURS OF ADULTS **51. Weekly hours.—No adult worker shall be required or allowed to work in a factory for more than** forty-eight hours in any week. **52. Weekly holidays.—(1) No adult worker shall be required or allowed to work in a factory on the** first day of the week (hereinafter referred to as the said day), unless— (a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and (b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier,— (i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and (ii) displayed a notice to that effect in the factory: Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day. (2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier. (3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week. **53. Compensatory holidays.—(1) Where, as a result of the passing of an order or the making of a** rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52,a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost. (2) The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed. **54. Daily hours.—Subject to the provisions of section 51, not adult worker shall be required or** allowed to work in a factory for more than nine hours in any day: 1[Provided that, subject to the previous approval of the Chief Inspector, the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts.] **55. Intervals for rest.—[2][(1)][3][The periods of work] of adult workers in a factory each day shall be** so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour. 4[(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so however that the total number of hours worked by a worker without an interval does not exceed six.] **56. Spread over.—The periods of work of an adult worker in a factory shall be so arranged that** inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day: 1. Added by Act 25 of 1954, s. 10 (w.e.f. 7-5-1954). 2. Section 55 re-numbered as sub-section (1) of that section by s. 11, ibid. (w.e.f. 7-5-1954). 3. Subs. by act 40 of 1949, s. 3 and the Second Schedule, for “The period” (w.e.f. 1-5-1949). 4. Added by Act 25 of 1954, s. 11 (w.e.f. 7-5-1954). 32 ----- Provided that the Chief Inspector may, for reasons to be specified in writing increase the[1][spreadover up to twelve hours]. **57. Night shifts.—Where a worker in a factory works on a shift which extends beyond midnight,—** (a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends; (b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day. **58. Prohibition of overlapping shifts.—(1) Work shall not be carried on in any factory by means of** a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time. 2[(2) The State Government or subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of sub-section (1).] **59. Extra wages for overtime.—(1) Where a worker works in a factory for more than nine hours in** any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages. 3[(2) For the purposes of sub-section (1), “ordinary rate of wages” means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work. (3) Where any workers in a factory are paid on a piece rate basis, the time rate shall be deemed to be equivalent to the daily average of their full-time earnings for the days on which they actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done, and such time rates shall be deemed to be ordinary rates of wages of those workers: Provided that in the case of a worker who has not worked in the immediately preceding calendar month on the same or identical job, the time rate shall be deemed to be equivalent to the daily average of the earning of the worker for the days on which he actually worked in the week in which the overtime work was done. _Explanation.—For the purposes of this sub-section in computing the earnings for the days on which_ the worker actually worked such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, shall be included but any bonus or wages for overtime work payable in relation to the period with reference to which the earnings are being computed shall be excluded.] 4[(4) The cash equivalent of the advantage accruing through the concessional sale to a worker of food grains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of food grains and other articles admissible to a standard family. _Explanation 1.—“Standard family” means a family consisting of the worker, his or her spouse and_ two children below the age of fourteen years requiring in all three adult consumption units. _Explanation2.—“Adult consumption unit” means the consumption unit of a male above the age of_ fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child 1. Subs. by Act 94 of 1976, s. 24, for “spread over to twelve hours” (w.e.f. 26-10-1976). 2. Subs. by Act 25 of 1954, s. 12, for sub-section (2) (w.e.f. 7-5-1954). 3. Subs. by Act 94 of 1976, s. 25, for sub-section (2) and (3) (w.e.f. 26-10-1976). 4. Subs. by Act 25 of 1954, s. 13, for sub-section (4) (w.e.f. 7-5-1954). 33 ----- below the age of fourteen years shall be calculated at the rates of 8 and 6 respectively of one adult consumption unit. (5) The State Government may make rules prescribing— (a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of food grains and other articles shall be computed; and (b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section.] **60. Restriction on double employment.—No adult worker shall be required or allowed to work in** any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed. **61. Notice of periods of work for adults.—(1) There shall be displayed and correctly maintained in** every factory in accordance with the provisions of sub-section (2) of section 108, a notice of periods of work for adults, showing clearly for every day the periods during which adult workers may be required to work. (2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the following provisions of this section, and shall be such that workers working for those periods would not be working in contravention of any of the provisions of sections 51, 52, 54,[1][ 55, 56 and 58]. (3) Where all the adult workers in a factory are required to work during the same periods, the manager of the factory shall fix those periods for such workers generally. (4) Where all the adult workers in a factory are not required to work during the same periods, the manager of the factory shall classify them into groups according to the nature of their work indicating the number of workers in each group. (5) For each group which is not required to work on a system of shifts, the manager of the factory shall fix the periods during which the group may be required to work. (6) Where any group is required to work on a system of shifts and the relays are not to be subject to predetermined periodical changes of shifts, the manager of the factory shall fix the periods during which each relay of the group may be required to work. (7) Where any group is to work on a system of shifts and the relays are to be subject to predetermined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts where under the periods during which any relay of the group may be required to work and the relay which will be working at any time of the day shall be known for any day. (8) The State Government may prescribe forms of the notice required by sub-section (1) and the manner in which it shall be maintained. (9) In the case of a factory beginning work after the commencement of this Act, a copy of the notice referred to in sub-section (1) shall be sent in duplicate to the Inspector before the day on which work is begun in the factory. (10) Any proposed change in the system of work in any factory which will necessitate a change in the notice referred to in sub-section (1) shall be notified to the Inspector in duplicate before the change is made, and except with the previous sanction of the Inspector, no such change shall be made until one week has elapsed since the last change. **62. Register of adult workers.—(1) The manager of every factory shall maintain a register of adult** workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory, showing— (a) the name of each adult worker in the factory; (b) the nature of his work; 1. Subs. by Act 25 of 1954, s.14, for “55 and 56” (w.e.f. 7-5-1954). 34 ----- (c) the group, if any, in which he is included; (d) where his group works on shifts, the relay to which he is allotted; (e) such other particulars as may be prescribed: Provided that, if the Inspector is of opinion that any muster roll or register maintained as part of the routine of a factory gives in respect of any or all the workers in the factory the particulars required under this section, he may, by order in writing, direct that such muster roll or register shall to the corresponding extent be maintained in place of, and be treated as the register of adult workers in that factory. 1[(1A) No adult worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of adult workers.] (2) The State Government may prescribe the form of the register of adult workers, the manner in which it shall be maintained and the period for which it shall be preserved. **63. Hours of work to correspond with notice under section 61 and register under section 62.—** No adult worker shall be required or allowed to work in any factory otherwise than in accordance with the notice of periods of work for adults displayed in the factory and the entries made beforehand against his name in the register of adult workers of the factory. **64. Power to make exempting rules.—(1) The State Government may make rules defining the** persons who hold positions of supervision or management or are employed in a confidential position in a factory [2][or empowering the Chief Inspector to declare any person, other than a person defined by such rules, as a person holding position of supervision or management or employed in a confidential position in a factory if, in the opinion of the Chief Inspector, such person holds such position or is so employed], and the provisions of this Chapter, other than the provisions of clause (b) of sub-section (1) of section 66 and of the proviso to that sub-section, shall not apply to any person so defined [2][or declared]: 2[Provided that any person so defined or declared shall, where the ordinary rate of wages of such person [3][does not exceed the wage limit specified in sub-section (6) of section 1 of the Payment of Wages Act, 1936 (4 of 1936), as amended from time to time], be entitled to extra wages in respect of, overtime work under section 59.] (2) The State Government may make rules in respect of adult workers in factories providing for the exemption, to such extent and subject to such conditions as may be prescribed— (a) of workers engaged on urgent repairs, from the provisions of sections 51, 52, 54, 55 and 56; (b) of workers engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of the factory, from the provisions of sections 51, 54, 55 and 56; (c) of workers engaged in work which is necessarily so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than the intervals for rest required by or under section 55, from the provisions of sections 51, 54, 55 and 56; (d) of workers engaged in any work which for technical reasons must be carried on continuously [4]*** from the provisions of sections 51, 52, 54, 55 and 56; (e) of workers engaged in making or supplying articles of prime necessity which must be made or supplied every day, from the provisions of [5][section 51 and section 52]; (f) of workers engaged in a manufacturing process which cannot be carried on except during fixed sections, from the provisions of [5][section 51, section 52 and section 54]; (g) of workers engaged in a manufacturing process which cannot be carried on except at times dependent on the irregular action of natural forces, from the provisions of sections 52 and 55; (h) of workers engaged in engine-rooms or boiler-houses or in attending to power-plant or transmission machinery, from the provisions of [5][section 51 and section 52]; 1. Ins. by Act 94 of 1976, s. 26 (w.e.f. 26-10-1976). 2. Ins. by s. 27, ibid. (w.e.f. 26-10-1976). 3. Subs. by Act 20 of 1987, s. 21, for “does not exceed rupees seven hundred and fifty per month” (w.e.f. 1-12-1987). 4. The words “throughout the day” omitted by Act 25 of 1954, s. 15 (w.e.f. 7-5-1954). 5. Subs. by Act 94 of 1976, s. 27, for section 52 (w.e.f. 26-10-1976). 35 ----- 1[(i) of workers engaged in the printing of newspapers, who arc held up on account of the breakdown of machinery, from the provisions of sections 51, 54 and 56. _Explanation.—In this clause the expression “newspapers'' has the meaning assigned to it in the_ Press and Registration of Books Act, 1867 (25 of 1867); (j) of workers engaged in the loading or unloading of railway wagons, [2][or lorries or trucks] from the provisions of sections 51, 52, 54, 55 and 56]; 4[(k) of workers engaged in any work, which is notified by the State Government in the Official Gazette as a work of national importance, from the provisions of section 51, section 52, section 54, section 55 and section 56.] (3) Rules made under sub-section (2) providing for any exemption may also provide for any consequential exemption from the provisions of section 61 which the State Government may deem to be expedient, subject to such conditions as it may prescribe. 3(4) In making rules under this section, the State Government shall not exceed, except in respect of exemption under clause (a) of sub-section (2) the following limits of work inclusive of overtime:— (i) the total number of hours of work in any day shall not exceed ten; (ii) the spread over, inclusive of intervals for rest, shall not exceed twelve hours in any one day: Provided that the State Government may, in respect of any or all of the categories of workers referred to in clause (d) of sub-section (2), make rules prescribing the circumstances in which, and the conditions subject to which, the restrictions imposed by clause (i) and clause (ii) shall not apply in order to enable a shift worker to work the whole or part of a subsequent shift in the absence of a worker who has failed to report for duty; 4[(iii) the, total number of hours of work in a week, including overtime, shall not exceed sixty;] 4[(iv)] the total number of hours of overtime shall not exceed fifty for any one quarter, _Explanation.—“Quarter” means a period of three consecutive months beginning on the 1st of_ January, the 1st of April, the 1st of July or the 1st of October.] (5) Rules made under this section shall remain in force for not more than [5][five years]. **STATE AMENDMENT** **Uttar Pradesh** **Amendment of section 64.--In Section 64 of the principal Act, in sub-section (4), in clause (iv) for** the word "fifty", the words "one hundred" shall be substituted." [Vide Uttar Pradesh Act 13 of 2018, s. 3] **65. Power to make exempting orders.—(1) Where the State Government is satisfied that, owing to** the nature of the work carried on or to other circumstances, it is unreasonable to require that the periods of work of any adult workers in any factory or class or description of factories should be fixed beforehand, it may, by written order, relax or modify the provisions of section 61 in respect of such workers therein, to such extent and in such manner as it may think fit, and subject to such conditions as it may deem expedient to ensure control over periods of work. (2) The State Government or, subject to the control of the Stale Government, the Chief Inspector may by written order exempt, on such conditions as it or he may deem expedient, any or all of the adult workers in any factory or group or class or description of factories from any or all of the provisions of sections 51, 52, 54 and 56 on Ike ground that the exemption is required to enable the factory or factories to deal with an exceptional press of work. 6[(3) Any exemption granted under sub-section (2) shall be subject to the following conditions, namely:— (i) the total number of hours of work in any day shall not exceed twelve; (ii) the spread over, inclusive of intervals for rest, shall not exceed thirteen hours in any one day; 1. Added by Act 25 of 1954, s. 15 (w.e.f. 7-5-194). 2. Ins. by Act 94 of 1976, s. 27 (w.e.f. 26-10-1976). 3. Subs. by Act 25 of 1954, s. 15, for sub-section (4) (w.e.f. 7-5-1954). 4. Clause (iii) re-numbered as clause (iv) by Act 94 of 1976, s. 27 (w.e.f. 26-10-1976). 5. Subs. by Act 94 of 1976, s. 27, for “three years” (w.e.f. 26-10-1976). 6. Subs. by Act 94 of 1976, s. 28, for sub-section (3) (w.e.f. 26-10-1976). 36 ----- (iii) the total number of hours of work in any week, including overtime, shall not exceed sixty; (iv) no worker shall be allowed to work overtime, for more than seven days at a stretch and the total number of hours of overtime work in any quarter shall not exceed seventy-five. _Explanation.—In this sub-section “quarter” has the same meaning as in sub-section (4) of section 64.]_ 1* * * ** **STATE AMENDMENTS** **Maharashtra** **Amendment of Section 65 of 63 of 1948.—In section 65 of the principal Act,—** (a) for sub-section (2), the following sub-section shall be substituted, namely:— “(2) On such terms and conditions as may be prescribed, any or all of the adult male workers in any factory or group or class or description of factories may be exempted from any or all of the provisions of sections 51, 52, 54 and 56 on the ground that the exemption is required to enable the factory or factories to deal with an exceptional press of work.”; (b) in sub-section (3), in clause (iv), for the words “shall not exceed seventy-five” the words “shall not exceed one hundred and fifteen” shall be substituted. [Vide Maharashtra Act 40 of 2015, s. 3] **Uttar Pradesh** **Amendment of section 65.--In Section 65 of the principal Act, in sub-section (3), in clause (iv) for** the words "seventy-five" the words "one hundred fifteen " shall be substituted. [Vide Uttar Pradesh Act 13 of 2018, s. 4] **66. Further restrictions on employment of women.—(1)The provisions of this Chapter shall, in** their application to women in factories, be supplemented by the following further restrictions, namely:— (a) no exemption from the provisions of section 54 may be granted in respect of any woman; (b) no woman shall be [2][required or allowed to work in any factory] except between the hours of 6 A.M. and 7 P.M.: Provided that the State Government may, by notification in the Official Gazette, in respect of [3][any factory or group or class or description of factories,] very the limits laid down in clause (b), but so that no such variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 A.M.: 4[(c) there shall be no change of shifts except after a weekly holiday or any other holiday.] (2) The State Government may make rules providing for the exemption from the restrictions set out in sub-section (1), to such extent and subject to such conditions as it may prescribe, of women working in fish-curing or fish-canning factories, where the employment of women beyond the hours specified in the said restrictions is necessary to prevent damage to, or deterioration in, any raw material. (3) The rules made under sub-section (2) shall remain in force for not more than three years at a time. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 66 of 63 of 1948.—In section 66 of the principal Act, in sub-section (1), in** clause (b), for the existing proviso, the following proviso shall be substituted, namely:— “Provided that, the women workers may be required or allowed to work even between the hours of 7.00 p.m. and 6.00 a.m. in any factory in which adequate safety and security measures or safeguards as may be prescribed are provided;”. [Vide Maharashtra Act 40 of 2015, s. 4]. 1. Omitted by Act 94 of 1976, s. 28 (w.e.f. 26-10-1976). 2. Subs. by s. 29, ibid., for “employed in any factory” (w.e.f. 26-10-1976). 3. Subs. by s. 29, ibid., for “any class or description of factories” (w.e.f. 26-10-1976). 4. Ins. by Act 25 of 1954, s. 17 (w.e.f. 7-5-1954). 37 ----- **Jammu and Kashmir and Ladakh (UTs)** Section 66.— In sub-section (1), for clause (b), the following clause shall be substituted— “(b) women shall be entitled to be employed in all establishments for all types of work and they may also be employed, with their consent before 6 a.m. and beyond 7 p.m. subject to such conditions relating to safety, holidays and working hours or any other condition, to be observed by the employer, as may be prescribed;”. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020) and _Vide Union Territory of_ Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3465(E), dated (5-10-2020).] **Uttar Pradesh** **Amendment of section 66.—In section 66 of the principal Act, in sub-section (1), in clause (b) for** the existing proviso, the following proviso shall be substituted, namely:- “Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories vary the limits laid down in this clause and such variation may authorise the employment of any woman between the hours of 7 p.m. and 6 a.m. mentioning therein the provisions for the safety and facilities of the woman to be given to her." [Vide Uttar Pradesh Act 13 of 2018, s. 5] CHAPTER VII EMPLOYMENT OF YOUNG PERSONS **67. Prohibition of employment of young children.—No child who has not completed his fourteenth** year shall be required or allowed to work in any factory. **68. Non-adult workers to carry tokens.—A child who has completed his fourteenth year or an** adolescent shall not be required or allowed to work in any factory unless— (a) a certificate of fitness granted with reference to him under section 69 is in the custody of the manager of the factory, and (b) such child or adolescent carries while he is at work a token giving a reference to such certificate. **69. Certificates of fitness.—(1) A certifying surgeon shall, on the application of any young person** or his parent or guardian accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory in which any young person wishes to work, examine such person and ascertain his fitness for work in a factory. (2) The certifying surgeon, after examination, may grant to such young person, in the prescribed form, or may renew— (a) a certificate of fitness to work in a factory as a child, if he is satisfied that the young person has completed his fourteenth year, that he has attained the prescribed physical standards and that he is fit for such work; (b) a certificate of fitness to work in a factory as an adult, if he is satisfied that the young person has completed his fifteenth year, and is fit for a full day's work in a factory: Provided that unless the certifying surgeon has personal knowledge of the place where the young person proposes to work and of the manufacturing process in which he will be employed, he shall not grant or renew a certificate under this sub-section until he has examined such place. (3) A certificate of fitness granted or renewed under sub-section (2)— (a) shall be valid only for a period of twelve months from the date thereof: (b) may be made subject to conditions in regard to the nature of the work in which the young person may be employed, or requiring re-examination of the young person before the expiry of the period of twelve months. (4) A certifying surgeon shall revoke any certificate granted or renewed under sub-section (2) if in his opinion the holder of it is no longer fit to work in the capacity stated therein in a factory. 38 ----- (5) Where a certifying surgeon refuses to grant or renew a certificate or a certificate of the kind requested or revokes a certificate, he shall, if so requested by any person who could have applied for the certificate or the renewal thereof, state his reasons in writing for so doing. (6) Where a certificate under this section with reference to any young person is granted or renewed subject to such conditions as are referred to in clause (b) of sub-section (3), the young person shall not be required or allowed to work in any factory except in accordance with those conditions. (7) Any fee payable for a certificate under this section shall be paid by the occupier and shall not be recoverable from the young person, his parents or guardian. **70. Effect of certificate of fitness granted to adolescent.—(1) An adolescent who has been granted** a certificate of fitness to work in a factory as an adult under clause (b) of sub-section (2) of section 69, and who while at work in a factory carries a token giving reference to the certificate, shall be deemed to be an adult for all the purposes of Chapter VI and VIII. 1*** * * 2[(1A) No female adolescent or a male adolescent who has not attained the age of seventeen years but who has been granted a certificate of fitness to work in a factory as an adult, shall be required or allowed to work in any factory except between 6 A.M. and 7 P.M.: Provided that the State Government may, by notification in the Official Gazelle, in respect of any factory or group or class or description of factories,— (i) vary the limits laid down in this sub-section so, however, that no such section shall authorise the employment of any female adolescent between 10 P.M. and 5 A.M. (ii) grant exemption from the provisions of this sub-section in case of serious emergency where national interest is involved.] (2) An adolescent who has not been granted a certificate of fitness to work in a factory as an adult under the aforesaid clause (b) shall, notwithstanding his age, be deemed to be a child for all the purposes of this Act. **71. Working hours for children.—(1) No child shall be employed or permitted to work, in any** factory— (a) for more than four and a half hours in any day; 3[(b) during the night. _Explanation.—For the purpose of this sub-section “night” shall mean a period of at least twelve_ consecutive hours which shall include the interval between 10 P.M. and 6 A.M.] (2) The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each; and each child shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty days. (3) The provisions of section 52 shall apply also to child workers and no exemption from the provisions of that section may be granted in respect of any child. (4) No child shall be required or allowed to work in any factory on any day on which he has already been working in another factory. 4[(5) No female child shall be required or allowed to work in any factory except between 8 A.M. and 7 P.M.] **72. Notice of periods of work for children.—(1) There shall be displayed and correctly maintained** in every factory in which children are employed, in accordance with the provisions of sub-section (2) of 1. The proviso and the Explanation omitted by Act 20 of 1987, s. 22 (w.e.f. 1-12-1987). 2. Ins. by Act 20 of 1957, s. 22 (w.e.f. 1-12-1987). 3. Subs. by Act 25 of 1954, s. 19, for clause (b) (w.e.f. 7-5-1954). 4. Ins. by Act 20 of 1957, s. 23 (w.e.f. 1-12-1987). 39 ----- section 108 a notice of periods of work for children, showing clearly for every day the periods during which children may be required or allowed to work. (2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the method laid down for adult workers in section 61, and shall be such that children working for those periods would not be working in contravention of any of the provisions of section 71. (3) The provisions of sub-sections (8), (9) and (10) of section 61 shall apply also to the notice required by sub-section (1) of this section. **73. Register of child workers.—(1) The manager of every factory in which children are employed** shall maintain a register of child workers, to be available to the Inspector at all times during working hours or when any work is being carried on in a factory, showing— (a) the name of each child worker in the factory, (b) the nature of his work, (c) the group, if any, in which he is included, (d) where his group works on shifts, the relay to which he is allotted, and (e) the number of his certificate of fitness granted under section 69. 1[(1A) No child worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of child workers.] (2) The State Government may prescribe the form of the register of child workers, the manner in which it shall be maintained and the period for which it shall be preserved. **74. Hours of work to correspond with notice under section 72 and register under section 73.—** No child worker shall be employed in any factory otherwise than in accordance with the notice of periods of work for children displayed in the factory and the entries made beforehand against his name in the register of child workers of the factory. **75. Power to require medical examination.—Where an Inspector is of opinion—** (a) that any person working in a factory without a certificate of fitness is a young person, or (b) that a young person working in a factory with a certificate of fitness is no longer fit to work in the capacity stated therein, he may serve on the manager of the factory a notice requiring that such person or young person, as the case may be, shall be examined by a certifying surgeon, and such person or young person shall not, if the Inspector so directs, be employed, or permitted to work, in any factory until he has been so examined and has been granted a certificate of fitness or a fresh certificate of fitness, as the case may be, under section 69, or has been certified by the certifying surgeon examining him not to be a young person. **76. Power to make rules.—The State Government may make rules—** (a) prescribing the forms of certificates of fitness to be granted under section 69, providing for the grant of duplicates in the event of toss of the original certificates, and fixing the fees which may be charged for such certificates and renewals thereof and such duplicates; (b) prescribing the physical standards to be attained by children and adolescents working in factories; (c) regulating the procedure of certifying surgeons under this Chapter; (d) specifying other duties which certifying surgeons may be required to perform in connection with the employment of young persons in factories, and fixing the fees which may be charged for such duties and the persons by whom they shall be payable. 1. Ins. by Act 94 of 1976, s. 30 (w.e.f. 26-10-1976). 40 ----- **77. Certain other provisions of law not barred.—The provisions of this Chapter shall be in** addition to, and not in derogation of, the provisions of the Employment of Children Act, 1938 (26 of 1938). 1[CHAPTER VIII ANNUAL LEAVE WITH WAGES **78. Application of Chapter.—(1) The provisions of this Chapter shall not operate to the prejudice of** any right to which a worker may be entitled under any other law or under the terms of any award, [2][agreement (including settlement)] or contract of service: 3[Provided that if such award, agreement (including settlement) or contract of service provides for a longer annual leave with wages than provided in this Chapter, the quantum of leave, which the worker shall be entitled to, shall be in accordance with such award, agreement or contract of service, but in relation to matters not provided for in such award, agreement or contract of service or matters which are provided for less favourably therein, the provisions of sections 79 to 82, so far as may be, shall apply.] (2) The provisions of this Chapter shall not apply to workers [4][in any factory] of any railway administered by the Government, who are governed by leave rules approved by the Central Government. **79. Annual leave with wages.—(1) Every worker who has worked for a period of 240 days or more** in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of— (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year; (ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year. _Explanation 1.—For the purpose of this sub-section—_ (a) any days of lay off, by agreement or contract or as permissible under the standing orders; (b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and (c) the leave earned in the year prior to that in which the leave is enjoyed, shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days. _Explanation 2.—The leave admissible under this sub-section shall be exclusive of all holidays_ whether occurring during or at either end of the period of leave. (2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year. 5[(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuating or death calculated at the rates specified in sub-section (1) even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made— (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and (ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuating or death.] 1. Subs. by Act 25 of 1954, s. 20 for Chapter VIII (w.e.f. 7-5-1954). 2. Subs. by Act 94 of 1976, s. 31, for “agreement” (w.e.f. 26-10-1976). 3. Subs. by s. 31, ibid., for the proviso (w.e.f. 26-10-1976). 4. Subs. by Act 94 of 1976, s. 31, for “in any workshop” (w.e.f. 26-10-1976). 5. Subs. by s. 32, ibid., for sub-section (3) (w.e.f. 26-10-1976). 41 ----- (4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day’s leave, and fraction of less than half a day shall be omitted. (5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year: Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child: Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) [1][or in contravention of subsection (10)] shall be entitled to carry forward the [2][leave refused] without any limit. (6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year: Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act. 1947 (14 of 1947): Provided further that the number of times in which leave may be taken during any year shall not exceed three. (7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave. (8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated. (9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed. (10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9). (11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment, before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day. (12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal. 1. Ins. by Act 94 of 1976, s. 32. (w.e.f. 26-10-1976). 2. Subs. by s. 32, ibid., for “unavailed leave” (w.e.f. 26-10-1976). 42 ----- **STATE AMENDMENTS** **Maharashtra** **Amendment of section 79 of 63 of 1948.—In section 79 of the principal Act, in sub-section (1),—** (a) for the figures and word “240 days” the figures and word “90 days” shall be substituted; (b) in _Explanation 1, for the figures and word “240 days” the figures and word “90 days” shall be_ substituted. [Vide Maharashtra Act 40 of 2015, s. 5]. **80. Wages during leave period.—(1) For the leave allowed to him under [1][section 78 or section 79,** as the case may be,] a worker [2][shall be entitled to wages] at a rate equal to the daily average of his total full time earnings for the days on which [3][he actually worked] during the month immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of food grains and other articles: 4[Provided that in the case of a worker who has not worked on any day during the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the last calendar month preceding his leave, in which he actually worked, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the workers of food grains and other articles.] (2) The cash equivalent of the advantage accruing through the concessional sale to the worker of food grains and other articles shall be computed as often as may be prescribed, on the basis of the maximum quantity of food grains and other articles admissible to a standard family. _Explanation 1.—“Standard family” means a family consisting of a worker, his or her spouse and two_ children below the age of fourteen years requiring in all three adult consumption units. _Explanation 2.—“Adult consumption unit” means the consumption unit of a male above the age of_ fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 8 and 6 respectively of one adult consumption unit. (3) The State Government may make rules prescribing— (a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of food grains and other articles shall be computed; and (b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section. **81. Payment in advance in certain cases.—A worker who has been allowed leave for not less than** four days, in the case of an adult, and five days, in the case of a child, shall, before his leave begins be paid the wages due for the period of the leave allowed. **82. Mode of recovery of unpaid wages.—Any sum required to be paid by an employer, under his** Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936 (4 of 1936). **83. Power to make rules.—The State Government may make rules directing managers of factories to** keep registers containing such particulars as may be prescribed and requiring the registers to be made available for examination by Inspectors. 1. Subs. by Act 94 of 1976, s. 33, for “section 79” (w.e.f. 26-10-1976). 2. Subs. by Act 20 of 1987, s. 24, for “shall be paid” (w.e.f. 1-12-1987). 3. Subs. by Act 94 of 1976, s. 33, for “he worked” (w.e.f. 26-10-1976). 4. Ins. by Act 20 of 1987, s. 24 (w.e.f. 1-12-1987). 43 ----- **84. Power to exempt factories.—Where the State Government is satisfied that the leave rules** applicable to workers in a factory provide benefits which in its opinion are not less favourable than those for which this Chapter makes provision it may, by written order; exempt the factory from all or any of the provisions of this Chapter subject to such conditions as may be specified in the order.] 1[Explanation.—For the purposes of this section, in deciding whether the benefits which are provided for by any leave rules are less favourable than those for which this Chapter makes provision, or not, the totality of the benefits shall be taken into account.] CHAPTER IX SPECIAL PROVISIONS **85. Power to apply the act to certain premises.—(1) The State Government may, by notification in** the Official Gazette, declare that all or any of the provisions of this Act shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, notwithstanding that— (i) the number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or (ii) the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner: Provided that the manufacturing process is not being carried on by the owner only with the aid of his family. (2) After a place is so declared, it shall be deemed to be a factory for the purposes of this Act, and the owner shall be deemed to be the occupier, and any person working therein, a worker. _Explanation.—For the purposes of this section, “owner” shall include a lessee or mortgage with_ possession of the premises. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 85 of 63 of 1948.—In section 85 of the principal Act, in sub-section (1), in** clause (i),— (a) after the words “less than ten” the words “or such number of workers as may be specified by the State Government under sub-clause (i) of clause (m) of section 2” shall be inserted; (b) after the words “less than twenty” the words “or such number of workers as may be specified by the State Government under sub-clause (ii) of clause (m) of section 2,” shall be inserted. [Vide Maharashtra Act 40 of 2015, s. 6] **Arunachal Pradesh** **Amendment of section 85.—In section 85 of the principal Act, in sub-section (1), in clause (i), for** the words “ten” and “twenty”, the words “twenty” and “forty” shall be respectively substituted. [Vide Arunachal Pradesh Act 6 of 2020, s. 4] # Rajasthan Amendment of section 85, Central Act No. 63 of 1948.- In clause (i) of sub-section (1) of section 85 of the principal Act, for the existing words "ten" and "twenty", the words "twenty" and "forty" shall be substituted respectively. [Vide Rajasthan Act 20 of 2014, s. 3] **86. Power to exempt public institutions.—The State Government may exempt, subject to such** conditions as it may consider necessary, any workshop or workplace where a manufacturing process is carried on and which is attached to a public institution maintained for the purposes of education,[2][training, research] or reformation, from all or any of the provisions of this Act: Provided that no exemption shall be granted from the provisions relating to hours of work and holidays, unless the persons having the control of the institution submit, for the approval of the State Government, a scheme for the regulation of the hours of employment, intervals for meals, and holidays of the persons employed in or attending the institution or who are inmates of the institution, and the State Government is satisfied that the provisions of the scheme are not less favourable than the corresponding provisions of this Act. 1. Ins. by Act 94 of 1976, s. 34 (w.e.f. 26-10-1976). 2. Subs. by Act 94 of 1976 s. 35, for “training” (w.e.f. 26-10-1976). 44 ----- **87. Dangerous operations.—Where the State Government is of opinion that any [1][manufacturing** process or operation] carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease, it may make rules applicable to any factory or class or description of factories in which the [1][manufacturing process or operation] is carried on— (a) specifying the [1][manufacturing process or operation] and declaring it to be dangerous; (b) prohibiting or restricting the employment of women, adolescents or children in the [1][manufacturing process or operation]; (c) providing for the periodical medical examination of persons employed, or seeking to be employed, in the [1][manufacturing process or operation], and prohibiting the employment or persons not certified as fit for such employment [2][and requiring the payment by the occupier of the factory of fees for such medical examination]; (d) providing for the protection of all persons employed in the[1][manufacturing process or operation] or in the vicinity of the places where it is carried on; (e) prohibiting, restricting or controlling the use of any specified materials or processes in connection with the [1][manufacturing process or operation]; 2[(f) requiring the provision of additional welfare amenities and sanitary facilities and the supply of protective equipment and clothing, and laying down the standards thereof, having regard to the dangerous nature of the manufacturing process or operation. 3*** * * 4[87A. Power to prohibit employment on account of serious hazard.—(1) Where it appears to the Inspector that conditions in a factory or part thereof are such that they may cause serious hazard by way of injury or death to the persons employed therein or to the general public in the vicinity, he may, by order in writing to the occupier of the factory, state the particulars in respect of which he considers the factory or part thereof to be the cause of such serious hazard and prohibit such occupier from employing any person in the factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard is removed. (2) Any order issued by the Inspector under sub-section (1) shall have effect for a period of three days until extended by the Chief Inspector by a subsequent order. (3) Any person aggrieved by an order of the Inspector under sub-section (1), and the Chief Inspector under sub-section (2), shall have the right to appeal to the High Court. (4) Any person whose employment has been affected by an order issued under sub-section (1), shall be entitled to wages and other benefits and it shall be the duty of the occupier to provide alternative employment to him wherever possible and in the manner prescribed. (5) The provisions of sub-section (4) shall be without prejudice to the rights of the parties under the Industrial Disputes Act, 1947 (14 of 1947).] **88. Notice of certain accidents.—[5][(1)] Where in any factory an accident occurs which causes death,** or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed. 6[(2) Where a notice given under sub-section (1) relates to an accident causing death, the authority to whom the notice is sent shall make an inquiry into the occurrence within one month of the receipt of the 1. Subs. by Act 94 of 1976s. 36, ibid., for “operation” (w.e.f. 26-10-1976). 2. Ins. by Act 94 of 1976, s. 36 (w.e.f. 26-10-1976). 3. Omitted by Act of 20 of 1987, s. 25 (w.e.f. 1-12-1987). 4. Ins. by s. 26, ibid. (w.e.f. 1-12-1987). 5. Section 88 re-numbered as sub-section (1) thereof by Act 94 of 1976, s. 37 (w.e.f. 26-10-1976). 6. Ins. by s. 37, ibid. (w.e.f. 26-10-1976). 45 ----- notice or, if such authority is not the Inspector, cause the Inspector to make an inquiry within the said period. (3) The State Government may make rules for regulating the procedure at inquiries under this section.] 1[88A. Notice of certain dangerous occurrences.—Where in a factory any dangerous occurrence of such nature as may be prescribed occurs, whether causing any bodily injury or disability or not, the manager of the factory shall send notice thereof to such authorities, and in such form and within such lime, as may be prescribed.] **89. Notice of certain diseases.—(1) Where any worker in a factory contracts any disease specified** in[2][the Third Schedule], the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed. (2) If any medical practitioner attends on a person who is or has been employed in a factory, and who is, or is believed by the medical practitioner to be, suffering from any disease specified in[2][the Third Schedule], the medical practitioner shall without delay send a report in writing to the office of the Chief Inspector stating— (a) the name and full postal address of the patient, (b) the disease from which he believes the patient to be suffering, and (c) the name and address of the factory in which the patient is, or was last, employed. (3) Where the report under sub-section (2) is confirmed to the satisfaction of the Chief Inspector, by the certificate of a certifying surgeon or otherwise, that the person is suffering from a disease specified in[2][the Third Schedule], he shall pay to the medical practitioner such fee as may be prescribed, and the fee so paid shall be recoverable as an arrear of land-revenue from the occupier of the factory in which the person contracted the disease. (4) If any medical practitioner fails to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to[3][one thousand rupees]. 4[(5) The Central Government may, by notification in the Official Gazette, add to or alter the Third Schedule and any such addition or alteration shall have effect as if it had been made by this Act.] **90. Power to direct enquiry into cases of accident or disease.—(1) The State Government may, if it** considers it expedient so to do, appoint a competent person to inquire into the causes of any accident occurring in a factory or into any case where a disease specified in [5][the Third Schedule] has been, or is suspected to have been contracted in a factory, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry. (2) The person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an Inspector under this Act; and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the Indian Penal Code (45 of 1860). (3) The person holding an inquiry under this section shall make a report to the State Government stating the causes of the accident, or as the case may be, disease, and any attendant circumstances, and addition any observations which he or any of the assessors may think fit to make. (4) The State Government may, if it thinks fit, cause to be published any report made under this section or any extracts therefrom. (5) The State Government may make rules for regulating the procedure at inquiries under this section. 1. Ins. by Act 94 of 1976, s. 38 (w.e.f. 26-10-1976). 2. Subs. by Act 20 of 1987, s. 27, for “the Schedule” (w.e.f. 1-12-1987). 3. Subs. by s. 27, ibid., for “fifty rupees” (w.e.f. 1-12-1987). 4. Added by s. 27, ibid. (w.e.f. 1-12-1987). 5. Subs. by s. 28, ibid., for “the Schedule” (w.e.f. 1-12-1987). 46 ----- **91. Power to take samples.—(1) An Inspector may at any time during the normal working hours of a** factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in charge of the factory, take in the manner hereinafter provided a sufficient sample of any substances used or intended to be used in the factory, such use being— (a) in the belief of the Inspector in contravention of any of the provisions of this Act or the rules made thereunder, or (b) in the opinion of the Inspector likely to cause bodily injury to, or injury to the health of, workers in the factory. (2) Where the Inspector takes a sample under sub-section (1), he shall, in the presence of the person informed under that sub-section unless such person willfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and mark thereto. (3) The person informed as aforesaid shall, if the Inspector so requires, provide the appliances for dividing, sealing and marking the sample taken under this section. (4) The Inspector shall— (a) forthwith give one portion of the sample to the person informed under sub-section (1); (b) forthwith send the second portion to a Government Analyst for analysis and report thereon; (c) retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance. (5) Any document purporting to be a report under the hand of any Government Analyst upon any substance submitted to him for analysis and report under this section, may be used as evidence in any proceedings instituted in respect of the substance. 1[91A. Safety and occupational health surveys.—(1) The Chief Inspector, or the Director General of Factory Advice Service and Labour Institutes, or the Director General of Health Services, to the Government of India, or such other officer as may be authorised in this behalf by the State Government or the Chief Inspector or the Director General of Factory Advice Service and Labour Institutes or the Director General of Health Services may, at any time during the normal working hours of a factory, or at any other time as is found by him to be necessary, after giving notice in writing to the occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys, and such occupier or manager or other person shall afford all facilities for such every, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey. (2) For the purpose of facilitating surveys under sub-section (1) every worker shall, if so required by the person conducting the survey, present himself to undergo such medical examination as may be considered necessary by such person and furnish all information in his possession and relevant to the survey. (3) Any time spent by a worker for undergoing medical examination or furnishing information under sub-section (2) shall, for the purpose of calculating wages and extra wages for overtime work, be deemed to be time during which such worker worked in the factory.] 2[Explanation.—For the purposes of this section, the report, if any, submitted to the State Government by the person conducting the survey under sub-section (1) shall be deemed to be a report submitted by an Inspector under this Act.] CHAPTER X PENALTIES AND PROCEDURE **92. General penalty for offences.—Save as is otherwise expressly provided in this Act and subject** to the provisions of section 93, if in, or in respect of, any factor there is any contravention of any of the 1. Ins. by Act 94 of 1976, s. 39 (w.e.f. 26-10-1976). 2. Ins. by Act 20 of 1987, s. 29 (w.e.f. 1-12-1987). 47 ----- provisions of this Act or of any rules made thereunder or of any order in writing given thereunder, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to [1][two years] or with fine which may extend to [2][one lakh rupees] or with both, and if the contravention is continued after conviction, with a further fine which may extend to[3][one thousand rupees] for each day on which the contravention is so continued: 4[Provided that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than [5][twenty-five thousand rupees] in the case of an accident causing death, and [6][five thousand rupees] in the case of an accident causing serious bodily injury. _Explanation.—In this section and in section 94 “serious bodily injury” means an injury which_ involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb or the permanent loss of, or injury to, sight or hearing, or the fracture of any bone, but shall not include, the fracture of bone or joint (not being fracture of more than one bone or joint) of any phalanges of the hand or foot.] **STATE AMENDMENTS** **Maharashtra** **Insertion of section 92A in 63 of 1948.—After section 92 of the principal Act, the following section** shall be inserted, namely:— **92A. Compounding of certain offences.—(1) The State Government may, by notification in the** _Official Gazette, prescribe in respect of the offences specified in the Fourth Schedule, which may before_ the institution of the prosecution, be compounded by such officer not below the rank of Deputy Chief Inspector of Factories and for such amount as may be prescribed but the amount of fine shall not be more than the fine prescribed under section 92: Provided that, the State Government may, by notification in the _Official Gazette, amend the Fourth_ Schedule by way of addition, omission or variation of any offence specified in the said Schedule. (2) Where an offence has been compounded under sub-section (1), no further proceedings shall be taken against the offender in respect of such offence.”. [Vide Maharashtra Act 40 of 2015, s. 7]. 7[93. Liability of owner of premises in certain circumstances.—(1) Where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation. (2) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (1). (3) Where is any premises, independent or self-contained, floors or flats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier or manager of a factory, for any contravention of the provisions of this Act in respect of— (i) latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for these purposes is concerned; (ii) fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or user of an occupier; 1. Subs. by Act 20 of 1987, s. 30, for “three months” (w.e.f. 1-12-1987). 2. Subs. by s. 30, ibid., for “two thousand rupees” (w.e.f. 1-12-1987). 3. Subs. by s. 30, ibid., for “seventy-five rupees” (w.e.f. 1-12-1987). 4. Ins. by Act 94 of 1976, s. 40 (w.e.f. 26-10-1976). 5. Subs. by Act 20 of 1987, s. 30, for “one thousand rupees” (w.e.f. 1-12-1987). 6. Subs. by s. 30, ibid., for “five thousand rupees” (w.e.f. 1-12-1987). 7. Subs. by Act 25 of 1954, s. 21, for section 93 (w.e.f. 7-5-1954). 48 ----- (iii) safe means of access to the floors or flats and maintenance and cleanliness of staircases and common passages; (iv) precautions in case of fire; (v) maintenance of hoists and lifts; and (vi) maintenance of any other common facilities provided in the premises. (4) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out the provisions of sub-section (3). (5) The provisions of sub-section (3) relating to the liability of the owner shall apply where in any premises independent rooms with common latrines, urinals and washing facilities are leased to different occupiers for use as separate factories: Provided that the owner shall be responsible also for complying with the requirements relating to the provision and maintenance of latrines, urinals and washing facilities. (6) The Chief Inspector shall have, subject to the control of the State Government, the power to issue orders to the owner of the premises referred to in sub-section (5) in respect of the carrying out of the provisions of section 46 or section 48. (7) Where in any premises portions of a room or a shed are leased to different occupiers for use as separate factories, the owner of the premises shall be liable for any contravention of the provisions of— (i) Chapter III, except sections 14 and 15; (ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36: Provided that in respect of the provisions of sections 21, 24 and 32 the owner's liability shall be only in so far as such provisions relate to things under his control: Provided further that the occupier shall be responsible for complying with the provisions of Chapter IV in respect of plant and machinery belonging to or supplied by him; (iii) section 42. (8) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out the provisions of sub-section (7). (9) In respect of sub-sections (5) and (7), while computing for the purposes of any of the provisions of this Act the total number of workers employed, the whole of the premises shall be deemed to be a single factory.] **94. Enhanced penalty after previous conviction.—[1][(1)] If any person who has been convicted of** any offence punishable under section 92 is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to[2][three years] or with fine[3][which shall not be less than[4][ten thousand rupees] but which may extend to[5][two lakh rupees]] or with both: 6[Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than[4][ten thousand rupees]: Provided further that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine 1. Section 94 renumbered is sub-section (1) thereof by Act 94 of 1976, s. 41 (w.e.f. 26-10-1976). 2. Subs. by Act 20 of 1987, s. 31, for “six months” (w.e.f. 1-12-1987). 3. Subs. by Act 94 of 1976, s. 41, for “which may extend to one thousand rupees” (w.e.f. 26-10-1976). 4. Subs. by Act 20 of 1987, s. 31, for “two hundred rupees” (w.e.f. 1-12-1987). 5. Subs. by s. 31, ibid., for “five thousand rupees” (w.e.f. 1-12-1987). 6. Subs. by Act 94 of 1976, s. 41, for the proviso (w.e.f. 26-10-1976). 49 ----- shall not be less than[1][thirty-five thousand rupees] in the case of an accident causing death and[2][ten thousand rupees] in the case of an accident causing serious bodily injury.] 3[(2) For the purposes of sub-section (1) no cognizance shall be taken of any conviction made more than two years before the commission or the offence for which the person is subsequently being convicted.] **95. Penalty for obstructing Inspector.—Whoever willfully obstructs an Inspector in the exercise of** any power conferred on hi m by or under this Act, or fails to produce on demand by an Inspector any registers or other documents in his custody kept in pursuance of this Act or of any rules made thereunder, or conceals or prevents any worker in a factory from appearing before, or being examined by, a n Inspector, shall be punishable with imprisonment for a term which may extend to[4][six months] or with fine which may extend to[5][ten thousand rupees] or with both. **96. Penalty for wrongfully disclosing results of analysis under section 91.—Whoever, except in so** far as it may be necessary for the purposes of a prosecution for any offence punishable under this Act, publishes or discloses to any person the results of an analysis made under section 91, shall be punishable with imprisonment for a term which may extend to[6][six months] or with fine which may extend to[7][ten thousand rupees] or with both. 8[96A. Penalty for contravention of the provisions of sections 41B, 41 C and 41 H.—(1) Whoever fails to comply with or contravenes any of the provisions of section 41B, 41 C or 41 H or the rules made thereunder, shall, in respect of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. (2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to ten years.] **97. Offences by workers.—(1) Subject to the provisions of section 111, if any worker employed in a** factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine which may extend to[9][five hundred rupees]. (2) Where a worker is convicted of an offence punishable under sub-section (1) the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention. **98. Penalty for using false certificate of fitness.—Whoever knowingly uses or attempts to use, as a** certificate of fitness granted to himself under section 70, a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term which may extend to[10][two months] or with fine which may extend to[11][one thousand rupees] or with both. **99. Penalty forpermitting double employment of child.—If a child works in a factory on any day** on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over hi m or obtaining any direct benefit from his wages, shall be punishable 1. Subs. by Act 20 of 1987, s. 31, for “two thousand rupess” (w.e.f. 1-12-1987). 2. Subs. by s. 31, ibid., for “one thousand rupees” (w.e.f. 1-12-1987). 3. Ins. by Act 94 of 1976, s. 41 (w.e.f. 26-10-1976). 4. Subs. by Act 20 of 1987, s. 32, for “three months” (w.e.f. 1-12-1987). 5. Subs. by s. 32, ibid., for “five thousand rupees” (w.e.f. 1-12-1987). 6. Subs. by s. 33, ibid., for “three months” (w.e.f. 1-12-1987). 7. Subs. by s. 33, ibid., for “five hundred rupees” (w.e.f. 1-12-1987). 8. Ins. by s. 34, ibid. (w.e.f. 1-12-1987). 9. Subs. by s. 35, ibid., for “twenty rupees” (w.e.f. 1-12-1987). 10. Subs. by s. 36, ibid., for “one month” (w.e.f. 1-12-1987). 11. Subs. by s. 36, ibid., for “fifty rupees” (w.e.f. 1-12-1987). 50 ----- with fine which may extend to[1][one thousand rupees], unless it appears to the Court that the child so worked without the consent or connivance of such parent, guardian or person. **100.[Detention of occupier in certain cases.]Rep. by the Factories (Amendment) Act,** 1987 (20 of 1987),s. 38 (w.e.f. 1-12-1987). **101. Exemption of occupier or manager from liability in certain cases.—Where the occupier or** manager of a factory is charged with an offence punishable under this Act, he shall be untitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of the Court— (a) that he has used due diligence to enforce the execution of this Act, and (b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the occupier or manager of the factory, and the occupier or manager, as the case may be, shall be discharged from any liability under this Act in respect of such offence: Provided that in seeking to prove as aforesaid, the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the prosecutor: Provided further that, if the person charged as the actual offender by the occupier or manager cannot be brought before the Court at the time appointed for hearing the charge, the Court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual offender cannot still be brought before the Court, the Court shall proceed to hear the charge against the occupier or manager and shall, if the offence be proved, convict the occupier or manager. **102. Power of Court to make orders.—(1) Where the occupier or manager of a factory is convicted** of an offence punishable under this Act the Court may, in addition to awarding any punishment, by order in writing require him, within a period specified in the order (which the court may, if it thinks fit and on application in such behalf, from time to time extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed. (2) Where an order is made under sub-section (1) the occupier or manager of the factory, as the case may be, shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, if any, allowed by the Court, but if, on the expiry of such period or extended period, as the case may be, the order or the Court has not been fully complied with, the occupier or manager, as the case may be, shall be deemed to have committed a further offence, and may be sentenced therefore by the Court to undergo imprisonment for a term which may extend to six months or to pay a fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or both to undergo such imprisonment and to pay such fine, as aforesaid. **103. Presumption as to employment.—If a person is found in a factory at any time, except during** intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at that time employed in the factory. **104. Onus as to age.—(1) When any act or omission would, if a person wear under a certain age, be** an offence punishable under this Act, and such person is in the opinion of the Court _prima facie under_ such age, the burden shall be on the accused to prove that such person is no under such age. 1. Subs. by Act 20 of 1987, s. 37, for “fifty rupees” (w.e.f. 1-12-1987). 51 ----- (2) A declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated is such declaration shall, for the purposes of this Act and the rules made thereunder, be admissible as evidence of the age of that worker. 1[104A. Onus of proving limits of what is practicable, etc.—In any proceeding for an offence for the contravention of any provision of this Act or rules made thereunder consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or, as the case may be, all practicable measures were taken to satisfy the duty or requirement.] **105. Cognizance of offences.—(1) No Court shall take cognizance of any offence under this Act** except on complaint by, or with the previous sanction in writing of, an Inspector. (2) No Court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any offence punishable under this Act. **STATE AMENDMENTS** **Maharashtra** **Amendment of section 105 of 63 of 1948.—In section 105 of the principal Act, in sub-section (1),** for the words “an Inspector” the words “the Chief Inspector” shall be substituted. [Vide Maharashtra Act 40 of 2015, s. 8]. **Rajasthan** **Amendment of section 105, Central Act No. 63 of 1948.- For the existing sub-section (1) of section** 105 of the principal Act, the following shall be substituted, namely: "(1) No Court shall take cognizance of any offence under this Act except on complaint by an Inspector with the previous sanction in writing by the State Government.". [Vide Rajasthan Act 20 of 2014, s. 4] **106. Limitation of prosecutions.—No Court shall take cognizance of any offence punishable under** this Act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector: Provided that where the offence consists of disobeying a written order made by an Inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed. 2[Explanation.—For the purposes of this section,— (a) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues; (b) where for the performance of any act time is granted or extended on an application made by the occupier or manager of a factory, the period of limitation shall be computed from the date on which the time so granted or extended expired.] 3[106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.—For the purposes of conferring jurisdiction on any court in relation to an offence under this Act or the rules made thereunder in connection with the operation of any plant, the place where the plant is for the time being situate shall be deemed to be the place where such offence has been committed.] **STATE AMENDMENTS** **Uttar Pradesh** **Insertion of new section 106-A in Act No. 63 of 1948.—In Chapter X of the Factories Act, 1948,** after section 106, the following section shall be inserted, namely:— “106-A.—Compounding of offences.— The Inspector may, subject to any general or special order of the State Government in this behalf compound any offence punishable under this Act with fine only 1. Ins. by Act 20 of 1987, s. 39 (w.e.f. 1-12-1987). 2. Ins. by Act 94 of 1976, s. 43 (w.e.f. 26-10-1976). 3. Ins. by Act 20 of 1987, s. 40 (w.e.f. 1-12-1987). 52 ----- committed for the first time, either before or after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded — (i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty; (ii) before the institution of the prosecution, the composition shall amount to acquittal of the offender.” [Vide Uttar Pradesh Act 35 of 1979, s. 4]. **Rajasthan** # Insertion of new section 106B, Central Act No. 63 of 1948.- After the existing section 106A and before the existing section 107 of the principal Act, the following shall be inserted, namely: "106B. Compounding of offences.- The Inspector may, subject to any general or special order of the State Government in this behalf, compound any offence punishable under this Act with fine only, and committed for the first time, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded, (i) before the institution of the prosecution, the offender shall not be liable to prosecution, for such offence and shall, if in custody, be set at liberty; (ii) after the institution of the prosecution the composition shall amount to acquittal of the offender.". [Vide Rajasthan Act 20 of 2014, s. 5] CHAPTER XI SUPPLEMENTAL **107. Appeals.—(1) The manager of a factory on whom an order in writing by an Inspector has been** served under the provisions of this Act or the occupier of the factory may, within thirty days of the service of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made in this behalf by the State Government, confirm, modify or reverse the order. (2) Subject to rules made in this behalf by the State Government (which may prescribe classes of appeals which shall not be heard with the aid of assessors), the appellate authority may, or if so required in the petition of appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by such body representing the industry concerned as may be prescribed: Provided that if no assessor is appointed by such body before the time fixed for hearing the appeal, or if the assessor so appointed fails to attend the hearing at such time, the appellate authority may, unless satisfied that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of such assessor or, if it thinks fit, without the aid of any assessor. (3) Subject to such rules as the Stale Government may make in this behalf and subject to such conditions as to partial compliance or the adoption of temporary measures as the appellate authority may in any case think fit to impose, the appellate authority may, if it thinks fit, suspend the order appealed against pending the decision of the appeal. **108. Display of notices.—(1) In addition to the notices required to be displayed in any factory by or** under this Act, there shall be displayed in every factory a notice containing such abstracts of this Act and of the rules made thereunder as may be prescribed and also the name and address of the Inspector and the certifying surgeon. (2) All notices required by or under this Act to be displayed in a factory shall be in English and in a language understood by the majority of the workers in the factory, and shall be displayed at some conspicuous and convenient place at or near the main entrance to the factory, and shall be maintained in a clean and legible condition. 53 ----- (3) The Chief Inspector may, by order in writing served on the manager of any factory, require that there shall be displayed in the factory any other notice or poster relating to the health, safety or welfare of the workers in the factory. **109. Service of notices.—The State Government may make rules prescribing the manner of the** service of orders under this Act on owners, occupiers or managers of factories. **110. Returns.—The State Government may make rules requiring owners, occupiers or managers of** factories to submit such returns, occasional or periodical, as may in its opinion be required for the purposes of this Act. **111. Obligations of workers.—(1) No worker in a factory—** (a) shall willfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein; (b) shall willfully and without reasonable cause do anything likely to endanger himself or others; and (c) shall willfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers therein. (2) If any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both. 1[111A. Right of workers, etc.—Every worker shall have the right to— (i) obtain from the occupier, information relating to workers’ health and safety at work, (ii) get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training center or institute, duly approved by the Chief Inspector, where training is imparted for workers’ health and safety at work, (iii) represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory.] **112. General power to make rules.—The State Government may make rules providing for any** matter which under any of the provisions of this Act, is to be or may be prescribed or which may be considered expedient in order to give effect to the purposes of this Act. **113. Powers of Centre to give directions.—The Central Government may give directions to a State** Governments to the carrying into execution of the provisions of this Act. **114. No charge for facilities and conveniences.—Subject to the provisions of section 46 no fee or** charge shall be realised from any worker in respect of any arrangements or facilities to be provided, or any equipments or appliances to be supplied by the occupier under the provisions of this Act. **115. Publication of rules.—[2][(1)] All rules made under this Act shall be published in the Official** Gazette, and shall be subject to the condition of previous publication; and the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall be not less than [3][forty-five days] from the date on which the draft of the proposed rules was published. 4[(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] **116. Application of Act to Government factories.—Unless otherwise provided this Act shall apply** to factories belonging to the Central or any State Government. 1. Ins. by Act 20 of 1987, s. 41 (w.e.f. 1-12-1987). 2. Section 115 renumbered as sub-section (1) thereof by, s. 42, ibid., (w.e.f. 1-12-1987). 3. Subs. by s. 42, ibid., for “three months” (w.e.f. 1-12-1987). 4. Ins. by s. 42, ibid. (w.e.f. 1-12-1987). 54 ----- **117. Protection to persons acting under this Act.—No suit, prosecution or other legal proceeding** shall lie against any person for anything which is in good faith done or intended to be done under this Act. **118. Restrictions on disclosure of information.—(1) No Inspector shall, while in service or after** leaving the service, disclose otherwise than in connection with the execution, or for the purposes, of this Act any information relating to any manufacturing or commercial business or any working process which may come to his knowledge in the course of his official duties. (2) Nothing in sub-section (1) shall apply to any disclosure of information made with the previous consent in writing of the owner of such business or process or for the purposes of any legal proceeding (including arbitration) pursuant to this Act or of any criminal proceeding which may be taken, whether pursuant to this Act or otherwise, or for the purposes of any report of such proceedings as aforesaid. (3) If any Inspector contravenes the provisions of sub-section (1) he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 1[118A. Restriction on disclosure of information.—(1) Every Inspector shall treat as confidential the source of any complaint brought to his notice on the breach of any provision of this Act. (2) No inspector shall, while making an inspection under this Act, disclose to the occupier, manager or his representative that the inspection is made in pursuance of the receipt of a complaint: Provided that nothing in this sub-section shall apply to any case in which the person who has made the complaint has consented to disclose his name. ] 2[119. Act to have effect notwithstanding anything contained in Act 37 of 1970.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Contract Labour (Regulation and Abolition) Act, 1970 [3][or any other law for the time being in force.]] **120. Repeal and savings.—The enactments set out in the Table appended to this section are hereby** repealed: Provided that anything done under the said enactments which could have been done under this Act if it had then been in force shall be deemed to have been done under this Act. _TABLE.—[Enactments repealed.] Rep. by the Repealing and Amending Act, 1950 (35 of 1950), s. 2_ and the First Schedule (w.e.f.10-4-1950.) 1. Ins. by Act 20 of 1987, s. 43 (w.e.f. 1-12-1987). 2. Ins. by Act 94 of 1976, s. 44 (w.e.f. 26-10-1976). 3. Ins. by Act 20 of 1987, s. 44 (w.e.f. 1-12-1987). 55 ----- 1[THE FIRST SCHEDULE] [See section 2 (cb)] LIST OF INDUSTRIES INVOLVING HAZARDOUS PROCESSES 1. Ferrous Metallurgical industries **—Integrated Iron and Steel** **—Ferrow-alloys** **—Special Steels** 2. Non-ferrous Metallurgical Industries **—Primary Metallurgical Industries, namely, size, lead, copper, manganese and aluminium** 3. Foundries (ferrous and non-ferrous) **—Castings and forgings including cleaning or smoothening/roughening by sand and shot blasting** 4. Coal (including coke) industries **—Coal Lignite, coke, etc.** **—Fuel Gases (including Coal Gas, Producer Gas, Water Gas)** 5. Power Generating Industries 6. Pulp and paper (including paper products) industries 7. Fertiliser Industries **—Nitrogenous** **—Phosphatic** **—Mixed** 8. Cement Industries **—Portland Cement (including slag cement, puzzolona cement and their products)** 9. Petroleum industries **—Oil Refining** **—Lubricating Oils and Greases** 10. Petro-chemical Industries 11. Drugs and Pharmaceutical Industries **—Narcotics, Drugs and Pharmaceutical** 12. Fermentation Industries (Distilleries and Breweries) 13. Rubber (Synthetic Industries) 14. Paints and Pigment Industries 15. Leather Tanning Industries 16. Electroplating Industries 1. Ins. by Act 20 of 1987, s. 45 (w.e.f. 1-12-1987). 56 ----- 17. Chemical Industries **—Coke Oven B y-products and Coal tar Distillation products** **—Industrial Gases (nitrogen, oxygen, acetylene, argon, carbon dioxide, hydrogen,** sulphurdioxide, nitrous oxide halogenated hydrocarbon, ozone, etc.) **—Industrial Carbon** **—Alkalies and Acids** **—Chromates and dichromates** **—Leads and its compounds** **—Electro chemicals (metallic sodium, potassium and magnesium, chlorates, perchlorates and** peroxides) **—Electro thermal produces (artificial abrasive, calcium carbide)** **—Nitrogenous compounds (cyanides, cyanamides, and other nitrogenous compounds)** **—Phosphorous and its compounds** **—Halogens and Halogenated compounds (Chlorine, Fluorine, Bromine and Iodine)** **—Explosives (including industrial explosives and detonators and fuses)** 18. Insecticides, Fungicides, Herbicides and other Pesticides Industries 19. Synthetic Resin and Plastics 20. Man-made Fiber (Cellulosic and non-cellulosic) industry 21. Manufacture and repair of electrical accumulators 22. Glass and Ceramics 23. Grinding or glazing of metals 24. Manufacture, handling and processing of asbestos and its products 25. Extraction of oils and fats from vegetable and animal sources 26. Manufacture, handling and use of benzene and substances containing benzene 27. Manufacturing processes and operations involving carbon disulphide 28. Dyes and Dyestuff including their intermediates 29. Highly flammable liquids and gases. 57 ----- THE SECOND SCHEDULE (Seesection 41 F) PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES IN WORK ENVIRONMENT Permissible limits of exposure Substance Time-weighted average concentration (8 hrs) Short-term exposure limit (15 min) ppm Mg/m[3] ppm Mg/m[3] Acetaldehyde 100 180 150 270 Acetic acid 10 25 15 37 Acetone 750 1780 1000 2375 Acrolein 0.1 0.25 0.3 0.8 Acrylonitrile-Skin (S.C.) 2 4.5 . . . . Aldrin-skin . . 0.25 . . 0.75 Allychloride 1 3 2 6 Ammonia 25 18 35 27 Aniline-Skin 2 10 . . . . Anisidine (o-,p-isomers) Skin 0.1 0.5 . . . . Arsenic A soluble compounds (as As) . . 0.2 . . . . Benzene (S.C.) 05 1.5 25 7.5 Beryllium & Compound (as Be) (S.C.) . . 0.002 . . . . Boron trifluoride-C 1 3 . . . . Bromine 0.1 0.7 0.3 2 Butane 800 1900 . . . . 2-Butanone (Methyl-ethyl Ketone-MEK) 200 590 300 835 n-Butyl acetate 150 710 200 950 n-Butyle alcohol-Skin-C 50 150 . . . . sec/tert. Butylacetate 200 950 . . . . Butyl mercaptan 0.5 1.5 . . . . Cadmium Dusts and salts (as Cd) . . 0.05 . . . . Calcium oxide . . 2 . . . . Carbaryl (Sevin) . . 5 . . . . Carbofuran (Furadan) . . 0.1 . . . . Carbon disulphade-Skin 10 30 . . . . 58 ----- ppm Mg/m[3] ppm Mg/m[3] Carbon monoxide 50 55 400 440 Carbon tetrachloride-Skin (S.C.) 5 30 . . . . Chlordane-Skin . . 0.5 . . . . Chlorine 1 3 3 9 Chlorobenzene (Monochlorobenzene) 75 350 . . . . Chloroform (S.C.) 10 50 . . . . bis (Chloromethyl) ether (H.C.) 0.001 0.005 . . . . Chromic acid and chromates (as Cr) (Water Soluble) . . 0.05 . . . . . . . . Chromous salts (as Cr) . . 0.05 . . . . Copper Fume . . 0.2 . . 0.6 Cotton dust, raw . . 0.2 . . . . Crosol, all isomers—Skin 5 22 . . . . Cyanides (as CN)—Skin . . 5 . . . . Cyanogen 10 20 . . 3 DDT (Dichlorodiphenyltrichloroethane) . . 1 0.03 0.3 demeron-Skin 0.01 0.1 . . 0.3 Diazinon-Skin . . 0.1 . . 10 Dibutylphthalale . . 5 0.3 3 Dichlorvos (DDVP)—Skin 0.1 1 . . 0.75 Dieldrin—Skin . . 0.25 0.5 3 Dinitrobenzene (all isomers)—Skin 0.15 1 Dinitrotolune-Skin . . 1.5 . . 5 Diphenyl-(Biphenyl) 0.2 1.5 0.6 4 0.4 Endosulfan (Thiodan)—Skin . . 0.1 . . 0.3 Endrin—Skin . . 0.1 . . . . Ethyl acetate 400 1400 . . . . Ethyl alcohol 1000 1900 . . . . Ethylamine 10 18 . . . . Fluorides (as F) . . 2.5 . . Fluorine 1 2 2 4 Formaldehyde (S.C.) 1.0 1.5 2 3 Formic acid 5 9 . . . . Gasoline 300 900 500 1500 Hydrazine—Skin (S.C.) 0.1 0.1 . . . . Hydrogen chloride—C 5 7 . . . . 59 ----- ppm Mg/m[3] ppm Mg/m[3] Hydrogen cyanide—Skin—C 10 10 . . . . Hydrogen fluoride (as F)—C 3 2.5 . . . . Hydrogen peroxide 1 1.5 . . . . Hydrogen sulphide 10 14 15 21 Iodine—C 0.1 1 . . . . Iron-Oxide Fume (Fe2O3) (as Fe) . . 5 . . . . Isoamyl acetate 100 525 . . . . Isoamyl alcohol 100 360 125 4500 Isobutyl alcohal 50 150 . . . . Lead, inorg, dusts and fumes (as Pb) . . 0.15 . . . . Lindane-Skin . . 0.5 . . . . Malathion-Skin . . 10 . . . . Manganese dust and compounds (as Mn)—C . . 5 . . . . Manganese fume (as Mn) . . 1 . . 3 Mercury (as Hg)—Skin— (i) Alkyl compounds . . 0.01 . . 0.03 . . . . (ii) All forms except alkyl vapour . . 0.05 . . . . (iii) Aryl and inorganic compounds . . 0.1 Methyl alcohol (Methanol)—Skin 200 260 250 310 Methyl Cellosolve (2-Methoxy-ethanol) Skin 5 16 . . . . Methyl isobutyl ketone 50 205 75 300 Methyl isocyanate-Skin 0.02 0.05 . . . . Napthalene 10 50 15 75 Nickel carbonyl (as Ni) 0.05 0.35 . . . . Nitric acid 2 5 4 10 Nitric oxide 25 30 . . . . . . . . Nitrobenzene—Skin 1 5 Nitrogen dioxide 3 6 5 10 Oil mist-mineral . . 5 . . 10 Ozone 0.1 0.2 0.3 0.6 Parathion—Skin . . 0.1 . . . . Phenol—Skin 5 19 . . . . Phorate (Thimet)—Skin . . 0.05 . . 0.2 Phosgene (Carbonyl chloride) 0.1 0.4 . . . . Phosphine 0.3 0.4 1 1 60 ----- ppm Mg/m[3] ppm Mg/m[3] Phosphoric acid . . 1 . . 3 Phosphorus (yellow) . . 0.1 . . . . Phosphorus pentachloride 0.1 1 . . . . Phosphorus trichloride 0.2 1.5 0.5 3 Picric acid—Skin . . 0.1 . . 0.3 Pyridine 5 15 . . . . . . . . Silane (Silicon tetrahydride) 5 7 . . . . Sodium hydroxide—C . . 2 Styrene, monomer (Phenylethylene) 50 215 100 425 Sulphur dioxide 2 5 5 10 Sulphur hexafluoride 1000 6000 . . . . Sulphuric acid . . 1 . . . . 0.1 . . Tetraethyl lead (as Pb)—Skin . . . . Toluene (Toluol) 100 375 150 560 O—Toluidinz—Skin (S.C.) 2 9 . . . . Tributyl phosphate 0.2 2.5 . . . . Trichloroethylene 50 270 200 1080 Uranium, natural (as U) . . 0.2 . . 0.6 Vinyl chloride (H.C.) 5 10 . . . . Welding fumes . . 5 . . . . Xylene (o-, m-, p-isomers) 100 435 150 655 Zinc oxide— (i) Fume . . 5.0 . . 10 (ii) Dust (Total dust) . . 10.0 . . . . Zirconium compounds (as Zr) . . 5 . . 10 C denotes ceiling limit *Not more than 4 times a day with at least 60 min. interval between successive exposures. Substance Permissible (8 hours) Time weighted average concentration (i) Silica (a) Crystalline (b) Quartz 10600 (1) In term of dusts count mppcm % Quartz+10 61 ----- Substance Permissible (8 hours) Time weighted average concentration (2) In terms of respirable dust (3) In terms of total dust 10 mg/m[3] % respirable quartz+2 10 mg/m[3] % Quartz+3 (ii) Cristobalite Half the limits given against quartz. (iii) Tridymite Half the limits given against quartz. (iv) Silica, fused Same limits as for quartz. (v) (a) Tripoli Same limit as in formula in item 2 given against quartz. (b) Amorphous 705 mppcm.] ___________ 62 ----- 1[THE THIRD SCHEDULE] (See sections 89 and 90) LIST OF NOTIFIABLE DISEASES 1. Lead poisoning, including poisoning by any preparation or compound of lead or their sequelae. 2. Lead-tetra-ethyle poisoning. 3. Phosphorus poisoning or its sequelae. 4. Mercury poisoning or its sequelae. 5. Manganese poisoning or its sequelae. 6. Arsenic poisoning or its sequelae. 7. Poisoning by nitrous fumes. 8. Carbon bisulphide poisoning. 9. Benzene poisoning, including, poisoning by any of its homologues, their nitro or amide derivatives or its sequelae. 10. Chrome ulceration or its sequelae. 11. Anthrax. 12. Silicosis. 13. Poisoning by halogens or halogen derivatives of the hydrocarbons of the aliphatic series. 14. Pathological manifestations due to— (a) radium or other radio-active substances; (b) X-ray.4 15. Primary epitheliomatous cancer of the skin. 16. Toxic anaemia. 17. Toxic jaundice due to poisonous substances. 2[18. Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base. 19. Byssionosis. 20. Asbestosis. 21. Occupational or contact dermatitis caused by direct contract with chemicals and paints. These are of two types, that is, primary irritants and allergic sensitizers. 22. Noise induced hearing loss (exposure to high noise levels).] 3[23. Beriyllium poisoning. 24. Carbon monoxide poisoning. 25. Coal miners’pnoumoconiosis. 26. Phosgene poisoning. 27. Occupational cancer. 28. Isocyanates poisoning. 29. Taxic nephritis.] 1. The existing Schedule renumbered as the Third Schedule by Act 20 of 1987, s. 46 (w.e.f. 1-12-1987). 2. Ins. by Act 94 of 1976, s. 45 (w.e.f. 26-10-1976). 3. Ins. by Act 20 of 1987, s. 46 (w.e.f. 1-12-1987). 63 ----- **STATE AMENDMENTS** **Maharashtra** **Addition of FOURTH SCHEDULE to 63 of 1948.—After the THIRD SCHEDULE appended to** the principal Act, the following SCHEDULE shall be added, namely:— “THE FOURTH SCHEDULE (See section 92A) _List of Compoundable offences_ Serial number Section and rules framed thereunder and orders issued thereunder Nature of offence (1) (2) (3) 1. Section 11 –Cleanliness. Not maintaining cleanliness as per the provisions. 2. Section 18-Drinking water. Not providing and maintaining arrangements for drinking water as per the provisions. 3. Section 19-Latrines and urinals Not providing latrine and urinal accommodation as per the provisions. 4. Section 20 - Spittoons. (a) Not providing the spittoons as per the provisions. (b) Spitting in contravention of sub-section (3) of section 20. 5. Section 42 - Washing facilities. Not providing and maintaining washing facilities as per the provisions. 6. Section 43 - Facilities for storing and drying of wet clothing. Not providing facilities as per the provisions. 7. Section 44 - Facilities for sitting. Not providing facilities as per the provisions. 8. Sub-sections (1), (2) and (3) of section 45 - First-aid appliances. Not providing and maintaining first-aid appliances as per the provisions. 9. Section 46 - Canteens. Not providing and maintaining canteen as per the provisions. 10. Section 47 - Shelters, rest rooms and lunch rooms. 64 Not providing and maintaining shelters, rest rooms and lunch rooms as per the provisions. ----- 11. Section 48 - Creches. Not providing and maintaining creches as per the provisions. 12. Section 50 - Power to make rules to supplement Chapter V. 13. Sub-section (2) of section 53 Compensatory Holidays. 14. Sub-section (5) of section 59 - Extra wages for overtime. 15. Section 60 - Restriction on double employment. 16. Section 61 - Notice of periods of work for adults. Not complying with the rules framed under section 50. Not displaying the notice and not maintaining the register for compensatory holiday. Not maintaining the prescribed registers. Allowing a worker a double employment on any day. Not complying with the provisions. 17. Section 62 - Register of adult workers. Not maintaining register as per the provisions. 18. Section 63 - Hours of work to correspond with notice under section 61. 19. Section 64 - Power to make exempting rules. 20. Section 65 - Power to make exempting orders. Not complying with the provisions. Not complying with the rules framed under section 64. Not complying with the orders issued under section 65. 21. Section 79 - Annual leave with wages. Not complying with the provisions. 22. Section 80 - Wages during leave period. Not complying with the provisions. 23. Section 81 - Payment in advance in certain cases. 24. Section 82 - Mode of recovery of unpaid wages. Not complying with the provisions. Not complying with the provisions. 25. Section 83 - Power to make rules. Not maintaining registers as per rules and not complying with the provisions. 26. Section 84 - Power to exempt factories. Not complying with the conditions specified in the exempting order. 27. Section 93 - Liability of owner of premises in certain circumstances. Not complying with the provisions contained in sub-section (1) and clauses (i) and (vi) of sub-section (3). 28. Section 97 - Offences by workers. Not complying with the provisions. 29. Section 108-Display of notices. Not complying with the provisions. 30. Section 110-Returns. Not complying with the provisions. 31. Section 111 - Obligation of workers. Not complying with the provisions. 32. Section 111A - Right of workers, etc. Denial of rights of workers. 65 ----- 33. Section 114 - No charge for facilities and conveniences. [Vide Maharashtra Act 40 of 2015, s. 9]. 66 Demanding charge from worker for providing any facility under the Act.".] -----

23-Sep-1948

62

The Reserve Bank (Transfer to Public Ownership) Act, 1948

https://www.indiacode.nic.in/bitstream/123456789/1408/1/A1948-62.pdf

central

# THE RESERVE BANK (TRANSFER TO PUBLIC OWNERSHIP) ACT, I948 # _____ _____ # ARRANGEMENT OF SECTIONS __________ # SECTIONS 1. Short title. 2. Definitions. 3. Transfer of Bank shares 4. Vacation of office by existing office bearers. 5. Interim arrangements. 6. Rule-making power. 7. [Repealed.] _THE SCHEDULE [Repealed.]_ ----- # THE RESERVE BANK (TRANSFER TO PUBLIC OWNERSHIP) ACT, I948 # ACT NO. 62 OF 1948 [23rd September, 1948.] # An Act to bring the share capital of the Reserve Bank of India into public ownership and to make consequential amendments in the Reserve Bank of India Act, 1934. WHEREAS it is expedient to bring the share capital of the Reserve Bank of India into public ownership, to make provisions with respect to the relations between the Central Government and the Bank and to make consequential amendments in the Reserve Bank of India Act, 1934; It is hereby enacted as follows:— **1. Short title.—This Act may be called the Reserve Bank (Transfer to Public Ownership) Act, 1948.** **2. Definitions.—In this Act,—** (a) “appointed day” means such day as the Central Government may, by notification in the Official Gazette, appoint; (b) “Bank” means the Reserve Bank of India as constituted by the principal Act; and (c) “principal Act” means the Reserve Bank of India Act, 1934. **3. Transfer of Bank shares.—(1) On the appointed day—** (a) all shares in the capital of the Bank shall by virtue of this Act be deemed to be transferred free of all trusts, liabilities and encumbrances to the Central Government, and (b) as full compensation there for, the Central Government shall issue to every person who, immediately before the appointed day, is registered as the holder of any such shares, an amount calculated at the rate of one hundred and eighteen rupees and ten annas per share, in promissory notes of the Central Government bearing interest at the rate of three per centum per annum repayable at par on such date as may be specified in this behalf by the Central Government: Provided that where the amount so calculated is not an exact multiple of one hundred rupees the amount in excess of the nearest lower multiple of one hundred rupees shall be paid by cheque drawn on the Bank: Provided further hat in respect of any share obtained at par from the Central Government by any Director of the Bank in pursuance of sub-section (8) of section 4 of the principal Act as in force immediately before the appointed day, the said amount shall be calculated at the rate of one hundred rupees per share. (2) Notwithstanding the transfer of shares effected by this section any shareholder who, immediately before the appointed day, is entitled to payment of dividend on the shares held by him shall be entitled to receive from the Bank— (a) all dividends accruing due on his shares in respect of the year ending on the 30th day of June, 1948, or any preceding year remaining unpaid on the appointed day; (b) dividends calculated at the rate of four rupees _per annum per share in respect of the period_ from the 1st day of July, 1948, to the appointed day. **4. Vacation of office by existing office bearers.—On the appointed day any person who** immediately before that day was holding office as a Director of the Central Board otherwise than as Governor or Deputy Governor or as a member of a Local Board of the Bank shall vacate his office, and the Central Board and the Local Boards of the Bank shall thereafter be constituted in the manner prescribed by sections 8 and 9 of the principal Act as amended by this Act. ----- **5. Interim arrangements.—Pending the constitution of the Central Board under section 8 of the** principal Act as amended by this Act, the Governor of the Bank, or in his absence a Deputy Governor of the Bank duly nominated by him in this behalf, may, subject to such restrictions and conditions as may from time to time be imposed by the Central Government, exercise all powers, and do all acts and things which may be exercised or done by the Bank. **6. Rule-making power.—(1) The Central Government may, by notification in the Official Gazette,** make rules for the purpose of giving effect to the objects of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide— (a) for the manner in which and the authority by which compensation shall be paid under section 3; and (b) for the determination of persons to whom compensation is so payable. 1[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **7. [Amendment to Act 2 of 1934.]—Rep. by the Repealing and Amending Act, 1950 (35 of 1950), s. 2** _and the First Schedule (w.e.f. 10-4-1950)._ [THE SCHEDULE.]—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 10-4-1950). 1. Added by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005). -----

24-Sep-1948

66

The Delhi and Ajmer-Merwara Land Development Act, 1948

https://www.indiacode.nic.in/bitstream/123456789/1630/1/194866.pdf

central

# THE DELHI AND AJMER-MERWARA LAND DEVELOPMENT ACT, 1948 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II _Land Development Boards and Land Development Schemes_ 3. Constitution of Land Development Boards. 4. Matters for which land development schemes may provide. 5. Inquiry into, and sanctioning of, schemes. 6. Publication of schemes. 7. Power to make regulations. 8. Power to make grant of advance loan. 9. Penalty. 10. Works to be carried out by Government at owner’s expense. 11. Contribution by owners of other land benefiting by work. 12. Recovery of contributions. 13. Power to carry out works and recover expenses from owners. 14. Statement and map showing details of work. 15. Repairs and renewals of work. 16. Enhancement of rent on account of improvement effected by work. 17. Rights of entry, etc. 18. Appeals. 19. Power of control. CHAPTER III _Reclamation of Waste-land_ 20. Definitions. 21. Order for taking possession of waste-land. 22. Arrangement for reclamation. 23. Claim for arrears of rent not to be enforced against Government, etc. 24. Termination of possession on completion of reclamation. 25. Compensation for period of possession. 26. Accounts. ----- SECTIONS 27. Recovery of net expenditure incurred by Government. 28. Appeals. 29. Continuance of liability for land revenue rates and cesses. CHAPTER IV _Control over Forests and Lands not being the Property of Government_ 30. Amendment of Act XVI of 1927 in Delhi. 31. Application of Chapter V, Act XVI of 1927 to Ajmer. CHAPTER V _Supplementary_ 32. Power to make rules. 33. Protection of action taken under the Act. ----- # THE DELHI AND AJMER-MERWARA LAND DEVELOPMENT ACT, 1948 ACT NO. 66 OF 1948 [24th September, 1948.] # An Act to provide for the preparation and execution of land development schemes, the reclamation of waste-land and the control of private forests and grass-land, in the Provinces of Delhi and Ajmer-Merwara. WHEREAS it is expedient to provide for the preparation and execution of land development schemes, the reclamation of waste-land and the control of private forests and grass-land in the Provinces of Delhi and Ajmer-Merwara; It is hereby enacted as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Delhi and** Ajmer-Merwara Land Development Act, 1948. (2) It extends to the [1][States] of Delhi and [2][Ajmer]. (3) It shall come into force in each of the said [1][States] on such date[3] as the Chief Commissioner of that [4][State] may, by notification in the Official Gazette, appoint in this behalf. **2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—** (a) “Board” means the Land Development Board constituted for the [4][State] under section 3; (b) “owner”, in relation to any land, means— (i) a person having a proprietary right in the land and includes a usufructuary mortgagee of such right and, in the [4][State] of [2][Ajmer], an istimrardar, a jagirdar a muafidar, and a bhumia; and (ii) a tenant of the land as hereinafter defined; (c) “prescribed” means prescribed by rules made under this Act; (d) “reclamation” includes cultivation, afforestation and any other improvement of land; and (e) “tenant” includes a usufructuary mortgagee of the rights of a tenant. CHAPTER II _Land Development Boards and Land Development Schemes_ **3. Constitution of Land Development Boards.—(1) As soon as may be after the commencement of** this Act, the Chief Commissioner shall, by notification in the Official Gazette, appoint an officer to be called the Land Development Commissioner and constitute for the [4][State] a Land Development Board consisting of the following members, namely:— (a) the Land Development Commissioner, who shall be the Chairman of the Board, (b) two official members who shall be persons of experience in agriculture or irrigation engineering, and (c) two non-official members. (2) A non-official member may, at any time by notice in writing to the Chairman, resign his office. 1. Subs. by A.O. 1950, for “Provinces” 2. Subs., ibid., for “Ajmer-Merwara” 3.1st November, 1948, _vide notification No. F 14 (108)/A146, dated 29th October, 1948,_ _see Gazette of India,_ Extraordinary, Part II, sec. 3(i). 4. Subs. by A.O. 1950, for “Province” ----- (3) The Chief Commissioner may, at any time, remove from the Board any member who is guilty of any action involving moral turpitude. (4) No act done by the Board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board. (5) If there is a difference of opinion among the members of the Board regarding any question the decision of the majority of the members present and voting shall prevail, and in case of equality of votes the Chairman shall have a casting vote. (6) The Board may appoint one of the official members to be the Secretary of the Board. (7) The Chief Commissioner may invest the Land Development Commissioner with all or any of the powers of a Deputy Commissioner or a Collector under any law for the time being in force in the [1][State] of Delhi or [2][Ajmer], as the case may be. **4. Matters for which land development schemes may provide.—(1) The Board shall prepare a land** development scheme for the [1][State] providing for one or more of the following matters, namely:— (i) preservation and improvement of soil; (ii) prevention of soil erosion; (iii) improvement of water supply by the utilization of water in rivers or rivulets, tube-wells, boring or construction of wells, conservation of rain water by constructing dams, or by use of power; (iv) improvement in the methods of cultivation; (v) introduction of dry farming methods; (vi) supply of seed, improved implements of agriculture, manure and fertilizers; (vii) development of horticulture and planting of fruit trees; (viii) reclamation of land lying waste through water-logging, accumulation of sand, growth of jungle, soil erosion or any other cause. (ix) cultivation of land lying uncultivated owing to the negligence or incapacity or absence of the owner; (x) regulation or prohibition of grazing and browsing; (xi) control and maintenance of tree-growth. (xii) regulation or prohibition of firing of vegetation; (xiii) planting or sowing of trees, shrubs and grasses for the purpose of afforesting uncultivable land or providing shelter-beds against wind or sand or for any other purpose; (xiv) protection from locusts and other pests; and (xv) any other matter which may be prescribed. (2) Every scheme prepared under sub-section (1) shall contain the following particulars, namely:— (i) the objects of the scheme; (ii) details of the area to be covered by the scheme; (iii) the work or kind of work to be carried out under the scheme; (iv) the agency or agencies through which the work shall be carried out; (v) the approximate estimated cost of the scheme and the method of financing it; 1. Subs. by A.O. 1950, for “Province” 2. Subs., ibid., for “Ajmer-Merwara” ----- (vi) the duties and obligations, financial or other, of the Government as well as of the owners of the area concerned; and (vii) any other particulars which may be prescribed. **5. Inquiry into, and sanctioning of, schemes.—(1) The Chief Commissioner shall, after the Board** has prepared the scheme under section 4— (a) appoint an Inquiry Officer, and (b) cause the scheme to be published in the manner prescribed inviting suggestions from persons affected by it within such time and in such manner as may be prescribed. (2) The Chief Commissioner shall, after considering the record of the inquiry and the report of the Inquiry Officer and after consulting the Board, submit the scheme with his report to the Central Government which may either sanction the scheme with or without modification or reject it. **6. Publication of schemes.—Every scheme sanctioned under section 5 shall be published by the** Land Development Commissioner in the prescribed manner and shall come into force on such date as may be specified by him. **7. Power to make regulations.—The Board may, by notification in the Official Gazette, make** regulations for the purpose of carrying out the objects of the scheme or in respect of any matter supplementary or incidental thereto, and any regulations so made shall also be published by the Board in the manner prescribed. **8. Power to make grant or advance loan.—(1) The Land Development Commissioner may, with** the approval of the Board, make a grant or advance a loan to any person for carrying out any work under any scheme on such terms and conditions as may be prescribed. (2) The amount of loan, or any instalment thereof or interest thereon which may be due but not repaid in accordance with the terms and conditions of the loan may, without prejudice to any other remedy provided by law, be recovered as arrears of land revenue. **9. Penalty.—(1) In making any scheme or any regulation under section 7, the Board may provide that** the contravention of such provisions of the scheme or of such regulations as may be specified by it, shall be punishable with simple imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both. (2) No person shall be prosecuted for any contravention specified in sub-section (1) except on complaint in writing by the Land Development Commissioner. **10. Works to be carried out by Government at owner’s expense.—(1) Where under the scheme** any work is to be carried out on any land at the expense of the owner or owners thereof, and such owner, or any of such owners, is willing to carry out the work, he may give notice to that effect in writing to the Land Development Commissioner within twenty-one days of the coming into force of the scheme. (2) On receipt of such notice the Land Development Commissioner shall furnish the owner with full details of the work, and fix the date before which the owner shall carry out the work. (3) If the owner fails to carry out the work to the satisfaction of the Land Development Commissioner before the date fixed by him, or if the owner at any time informs the Land Development Commissioner in writing of his inability to do so, the Land Development Commissioner may get the work carried out by such agency as he thinks fit and the expenses incurred by him in carrying out the work shall be recovered from the owner as arrears of land revenue. (4) Where any work is carried out in pursuance of this section by one or more of several owners, the other owners shall be liable to contribute towards the expenses incurred by him or them such amount as the Board may determine. ----- **11. Contribution by owners of other land benefiting by work.—Where under the scheme any** work is carried out by the owner or by the Land Development Commissioner at the expense of the owner, and the work is in the opinion of the Board likely to benefit any other land in the area covered by the scheme, the owners of such other land shall be liable to contribute towards the expenses of carrying out the work such amount as the Board may determine: Provided that the Chief Commissioner may remit the whole or any part of the contribution so payable in respect of any work carried out on land belonging to the Government. **12. Recovery of contributions.—The amount of contribution determined by the Board under sub-** section (4) of section 10 or section 11 shall be paid by the persons concerned within such time as may be specified by the Board, and in default of such payment shall be recovered from those persons as arrears of land revenue and paid to the persons entitled to the contribution. **13. Power to carry out works and recover expenses from owners.—Notwithstanding anything** contained in the scheme, the Board may direct that the work to be carried out or remaining to be carried out or any land by the owners thereof shall be carried out by the Land Development Commissioner, and that the whole or any specified part of the expenses of carrying out the work shall be recovered as arrears of land revenue from the owners of the land in such proportion, at such times, and in such instalments, as the Board may fix, having regard to the amount to be recovered and the nature and extent of the rights of the owners in the land. **14. Statement and map showing details of work.—(1) On the completion of any work under the** scheme, the Land Development Commissioner shall prepare— (a) a statement in such form, and containing such particulars, as may be prescribed, and (b) a map showing the location and other material details of the work. (2) Every statement and map so prepared shall, on approval by the Board, form part of the settlement record, or, as the case may be, the record-of-rights of the estates specified in the statement, and the said record shall wherever necessary be corrected in accordance with the statement. **15. Repairs and renewals of work.—If any person shown in a statement prepared under section 14** as liable to maintain and keep in repair the work fails to effect such repairs or renewals or to do so within such time, as the Land Development Commissioner may by order specify, the Land Development Commissioner may get the repairs or renewals done by such agency as he thinks fit, and the expenses incurred by him in so doing shall be recovered from the said person as arrears of land revenue. **16. Enhancement of rent on account of improvement effected by work.—Where any land in** which a tenant has a right of occupancy has benefited by work carried out under the scheme by or at the expense of the owner of the land, and the tenant has not made any contribution to the expenses thereof, the Revenue Officer having jurisdiction shall, on application made by the owner in this behalf, enhance, in accordance with such principles as may be prescribed, the rent payable by he tenant in respect of the land, anything contained in any law to the contrary notwithstanding. **17. Rights of entry, etc.—(1) Any member, officer, subordinate or workman of the Board or any** other person authorised by the Land Development Commissioner in this behalf may, after giving such notice as may be prescribed to the owner in possession of any land, enter upon and survey the land, or do any acts, or carry out any work in or on the land for the purpose of preparing, inquiring into or executing any land development scheme the provisions of this Chapter. (2) Every such member, officer subordinate, workman or person shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). **18. Appeals.—Any person aggrieved by—** (a) a determination of the Board under sub-section (4) of section 10 or section 11; or (b) the making of an entry, or the failure to make an entry, in a statement prepared under section 14; or (c) the order of the Land Development Commissioner under section 15; or ----- (d) the order of a Revenue Officer under section 16, may, within the prescribed time and in the prescribed manner, appeal to the prescribed authority, and, notwithstanding anything contained in any law to the contrary, the decision of such authority, and, where no appeal is preferred, the determination, order or statement aforesaid shall be final and shall not be called in question in any court. **19. Power of control.—The Central Government may from time to time call for any report or give** any direction to the Board, and the Board shall submit such report and carry out such direction. CHAPTER III _Reclamation of Waste-land_ **20. Definition.—In this Chapter—** (a) “date of taking possession” means the date on which temporary possession of the land is taken on behalf of the Government under section 21; (b) “waste-land” means any land lying waste through water-logging, accumulation of sand, growth of jungle, soil erosion or any other cause, or lying uncultivated, for not less than three consecutive years. **21. Order for taking possession of waste-land.—(1) If the board is satisfied that for purposes of** executing any scheme of reclamation of waste-land sanctioned under section 5, it is necessary that temporary possession of any waste-land should be taken, it may, by order in writing, direct the Land Development Commissioner to take temporary possession of such land on behalf of the Government on such date as may be specified in that order. (2) The order shall be made in such form and brought to the notice of the owner of the land in such manner, as may be prescribed. (3) On the date specified in the order, the Land Development Commissioner or an officer authorised by him shall enter upon and take possession of the land on behalf of the Government. **22. Arrangement for reclamation.—When the land has been taken possession of the Land** Development Commissioner may, with the approval of the Board, arrange for its reclamation— (a) by retaining it under his management for such period as he thinks fit, or (b) by settling it for such period and on such terms as may be fixed by the Board with the person who on the date of taking possession was in lawful possession of the land, or was entitled to such possession, or, if such person is dead, with his successor in interest, or (c) if such person refuses to take the land for such period or on such terms, by settling it with any other person, or (d) by a combination of the methods aforesaid: Provided that the total period for which the land is retained or settled under this section shall not exceed ten years. **23. Claim for arrears of rent not to be enforced against Government, etc.—No claim of the** landlord to any arrears of rent accrued or due in respect of the land for the period prior to the date of taking possession shall thereafter be enforced by any court, whether in execution of a decree or otherwise, against the Government or against any person holding the land under the Government, or by the issue of any process against the land. **24. Termination of possession on completion of reclamation.—(1) When the reclamation of the** land is in the opinion of the Land Development Commissioner complete and, in any case, before the expiry of a period of ten years from the making an inquiry in the prescribed manner and by order in writing,— (a) declare that possession of the land shall be restored on such date as may be specified in the order to the owner who on the date of taking possession was in lawful possession of the land, or was entitled to such possession, or if he is dead, to his successor in interest; ----- (b) determine the person to whom possession is to be so restored; (c) where such person is a tenant, determine the rent payable on account of the use or occupation of the land; and (d) where the land or any part thereof has been afforested, regulate the cutting of trees in such land. (2) On the date specified in the said order, possession of the land shall be deemed to have been delivered by the Government to the person determined under clause (b) of sub-section (1). (3) The delivery of possession of the land to the person determined under clause (b) of sub-section (1) shall be final and full discharge of the Government from all liability in respect of such delivery, but shall not prejudice any right in respect of the land to which any other person may be entitled, by due process of law, to enforce against the person to whom the possession of the land has been so delivered. **25. Compensation for period of possession.—(1) As soon as may be after the date of taking** possession of the land, the Land Development Commissioner shall make an inquiry in the prescribed manner and determine— (a) in respect of any land which on the said date was in the occupation of a tenant— (i) the annual rent payable by him, and (ii) the average net annual income, if any, after deducting rent derived by him during the three years immediately preceding the said date, and (b) in respect of any other land, the average net annual income, if any, without deducting any land revenue payable, derived by the owner during the three years immediately preceding the said date. (2) There shall be payable by the Government as compensation on each anniversary of the date of taking possession until the date referred to in sub-section (2) of section 24— (a) in respect of such land as is referred to in clause (a) of sub-section (1), the amount determined under sub-clause (i) thereof to the landlord, and the amount determined under sub-clause (ii) thereof to the tenant, and (b) in respect of any other land, the amount determined under clause (b) of sub-section (1) to the owner. (3) For the purposes of this section “landlord” means the person under whom the tenant holds land and to whom the tenant is, or but for a special contract would be, liable to pay rent for that land, and any reference to an owner, landlord or tenant shall be deemed to include a reference to the predecessors and successors in interest of the owner, landlord or tenant. **26. Accounts.—The Board shall maintain, in such form and in accordance with such rules as may be** prescribed, an account of all receipts and payments by the Government in respect of the land, and any owner of, or other person saving an interest in, the land may, on payment of a fee of eight annas, inspect the account. **27. Recovery of net expenditure incurred by Government.—(1) The net expenditure incurred by** the Government on the reclamation of the land under the provisions of this Chapter or such part of that expenditure as the Chief Commissioner may by general or special order direct, together with interest calculated at the prescribed rate and in the prescribed manner, shall be recovered as arrears of land revenue from the person to whom possession of the land delivered by the Government under sub-section (2) of section 24. (2) The amount to be recovered under sub-section (1) from any person shall be decided by the Board. **28. Appeals.—Any person aggrieved by an order under section 21, section 24, section 25 or** sub-section (2) of section 27 of the Board or the Land Development Commissioner, as the case may be, may, within the prescribed time and in the prescribed manner, appeal to the Chief Commissioner, and the decision of the Chief Commissioner on such appeal, and where no appeal is preferred the order aforesaid, shall be final and shall not be called in question in any court. ----- **29. Continuance of liability for land revenue rates and cesses.—The taking and retaining of** possession of any land on behalf of the Government under provisions of this Chapter shall not affect the liability of any person for the payment of land revenue, rate or cess in respect of the land for any period whether before or after the date of taking possession. CHAPTER IV _Control over Forests and Lands not being the Property of Government_ **30. Amendment of Act XVI of 1927 in Delhi.—The following amendments shall be made in the** Indian Forest Act, 1927, in its application to the [1][State] at Delhi, namely:— (1) in sub-section (1) of section 35 of the said Act,— (a) for the words “any forest or waste-land” the words “any forest, waste-land” or grass-land” shall be substituted; (b) for clauses (b) and (c) the following clauses shall be substituted, namely:— “(b) the cutting of trees and timber; (c) the disposal of any forest produce; (d) the firing or clearing of vegetation; (e) the cutting storage and conservation of grass or leaf fodder; or (f) the admission, herding or pasturing of Cattle”; and (c) after clause (v) the following shall be added:— “(vi) for any other purpose conducive to public welfare.”; (2) in sub-section (2) of section 37 of the said Act, for the words “not less than three” the words “not less than seven” shall be substituted; and (3) in sub-section (1) of section 38 of the said Act, for the word “two thirds” the word “one-half” shall be substituted. **31. Application of Chapter V, Act XVI of 1927 to [2][Ajmer].—Without prejudice to the provisions** of sub-section (3) of section 1 of the Indian Forest Act, 1927, the provisions of Chapter V of that Act shall apply to the [1][State] of [2][Ajmer] as they apply to the [1][State] of Delhi. CHAPTER V _Supplementary_ **32. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the conduct of business by the Board and the procedure to be followed at meetings of the Board; (b) the procedure to be followed by Inquiry Officers under section 5; (c) the manner of publication under sections 5, 6 and 7; (d) the principles on which the amounts of contribution are to be determined by the Board under sub-section (4) of section 10, or section 11; (e) the form of the statement under section 14 and the particulars to be stated therein; (f) the principles of enhancement of rent under section 16; 1. Subs. by A.O. 1950, for “Province” 2. Subs., ibid., for “Ajmer-Merwara” ----- (g) the manner of giving notice under sub-section (1) of section 17; (h) the authority to whom appeal may lie and the time and manner of such appeal under section 18; (i) the form of notice under section 21 and the manner of its service; (j) the manner of inquiry under section 24 and sub-section (1) of section 25; (k) the form and method of maintaining accounts under section 26; (l) the rate of interest and the method of its calculation under sub-section (1) of section 27; (m) the time and manner of appeal under section 28; and (n) any matter which may be prescribed. **33. Protection of action taken under the Act.—(1) No suit, prosecution or other proceeding shall lie** against any person for anything which is in good faith done or intended to be done in pursuance of this Act. (2) Save as otherwise expressly provided by or under this Act, no suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act. -----

14-Feb-1949

02

The Mangrol and Manavadar (Administration of Property) Act, 1949

https://www.indiacode.nic.in/bitstream/123456789/1963/1/A194902.pdf

central

# THE MANGROL AND MANAVADAR (ADMINISTRATION OF PROPERTY) ACT, 1949 __________ ARRANGEMENT OF SECTIONS ___________ SECTIONS 1. Short title. 2. Definition. 3. Vesting of property in Manager. 4. Powers of Manager. 5. Payment to Manager to be a discharge of obligations. 6. Issue of duplicate securities. 7. Transfers otherwise than by Manager void. 8. Power to call for information. 9. Bar of jurisdiction of Court. 10. . Power of the Central Government to add to the Schedule. 11. Bar of legal proceedings. 12. Repeal. SCHEDULE. 1 ----- # THE MANGROL AND MANAVADAR (ADMINISTRATION OF PROPERTY) ACT, 1949 ACT NO. 2 OF 1949 [14th February, 1949.] # An Act to provide for the vesting of certain properties belonging to the States of Mangrol and Manavadar in Kathiawar in the Managers of the said States. WHEREAS the administration of the States of Mangrol and Manavadar has been taken over by the Central Government; AND WHEREAS it is expedient to provide for the vesting of certain properties belonging to the said States in the Managers thereof appointed by or on behalf of the Central Government and for certain matters incidental thereto; It is hereby enacted as follows:— **1. Short title.—This Act may be called the Mangrol and Manavadar (Administration of Property)** Act, 1949. **2. Definition.—In this Act, “Manager” means the Manager for the time being of the State of Mangrol** or the State of Manavadar, as the case may be, appointed by, or on behalf of, the Central Government. **3. Vesting of property in Manager.—Notwithstanding anything contained in any other law for the** time being in force or in any instrument or other document whatsoever, the properties described in the Schedule, which stand in the name of the Sheikh of Mangrol or in the name of the Khan of Manavadar, whether in his personal capacity or as the legal representative of any deceased person or in any other capacity, or the Begum Sahiban Fatma, or of any karbhari or other officer of Mangrol or Manavadar in his official capacity, or in the names of more than one of them, shall be deemed to have vested and always to have been vested on and from the 1st day of November, 1947, as follows, namely:— (a) if the properties are included in Part I of the Schedule, then in the Manager of the State of Mangrol, and (b) if the properties are included in Part II of the Schedule, then in the Manager of the State of Manavadar. **4. Powers of Manager.—The Manager shall have and exercise, in relation to properties vested in** him under section 3, all the rights, powers and authority which a full owner has or exercises in relation to his own property: Provided that where any of the said properties was, immediately before the 1st day of November, 1947, subject to any trust lawfully created, the Manager shall, in the exercise of his powers in relation to such property be bound by the terms of that trust. **5. Payment to Manager to be a discharge of obligations.—Any payment made to the Manager in** the discharge of any of the obligations in relation to any of the properties described in the Schedule shall be a full discharge to the person or authority making the payment from all liability in respect of such payment. **6. Issue of duplicate securities.—(1) Where for any reason any of the Government securities** described in the Schedule is not in the custody of the Manager in whom it has vested under the provisions of this Act, the Manager may make an application to the Reserve Bank of India for the issue of a duplicate security in lieu thereof. (2) When an application under sub-section (1) has been made, then, notwithstanding anything contained in any other law for the time being in force, the Reserve Bank of India shall issue a duplicate security to the Manager as if the original security had been lost. (3) Any duplicate security issued under the provisions of this section shall have the same effect as if it had been issued under section 11 of the Public Debt (Central Government) Act, 1944 (18 of 1944). 2 ----- **7. Transfers otherwise than by Manager void.—Any transfer or other disposition of any property** described in the Schedule made on or after the 1st day of November, 1947, by any person other than the Manager or without his consent shall be, and shall always be deemed to have been, void and of no effect. **8. Power to call for information.—(1) Where the Central Government is of opinion that any person** is in possession of any property which belongs to the State of Mangrol or the State of Manavadar, it may, by notice in writing, require such person to furnish such information as it may consider necessary for the purpose of determining whether the property is property belonging to the State of Mangrol or the State of Manavadar, as the case may be. (2) If any person to whom a notice is sent under sub-section (1) fails to comply therewith he shall be punishable with imprisonment which may extend to three months or with fine which may extend to one thousand rupees or with both. **9. Bar of jurisdiction of Court.—(1) No Court shall have jurisdiction to entertain any civil or** criminal proceeding in relation to any of the properties described in the Schedule or to enforce any liability in respect thereof save at the instance of the Manager. (2) Nothing in this section shall be deemed to prohibit the submission to the Central Government by any person other than the Manager of any claim in relation to any such property and the decision of the Central Government on such claim shall be final and shall not be called in question in any Court. **10. Power of the Central Government to add to the Schedule.—(1) The Central Government may,** from time to time, by notification in the Official Gazette, amend or alter the Schedule. (2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may, by notification as aforesaid, add to the items of property included in Parts I and II of the Schedule any other item which in its opinion represents property belonging to the State of Mangrol or the State of Manavadar, as the case may be, and on the issue of such notification any property specified in the notification shall be deemed to be and always to have been included in Part I or Part II of the Schedule, as the case may be. **11. Bar of legal proceedings.—No suit, prosecution or other legal proceeding shall lie against the** Central Government, the Reserve Bank of India, any bank or company mentioned in the Schedule, or the Manager or any other person for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act. **12.** **Repeal.—(1)** The Mangrol and Manavadar (Administration of Property) Ordinance, 1948 (Ord. 22 of 1948), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act had come into force on the 16th day of August, 1948. 3 ----- SCHEDULE PART I (See section 3) (PROPERTIES BELONGING TO THE STATE OF MANGROL) 1[(a) Investments of Mangrol State No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 1. 3% Government of India INSC. Stock, 1946. 2. 4½% Government Loan 1955—60. 3. 4% Government Loan 1960—70. Do. 4. 4% Government Loan 1960—70. 4½ Do. 1955— 60 4% Bombay Port Trust Bonds Loan 1905— Rep—1965. 5. 4% Do. 1912— Rep.— 1973. 4% Do. 1909— Rep.—1970 BY0098 . . . BY0127 . . . BY004018 . . . BY002118 . . . BY002119 . . . BY002120 . . . BY009779 . . . BY009780 . . . BY062368 . . . BY062369 . . . BY063163 . . . BY034265 . . . BY034271 . . . BY016077 . . . BY013096 . . . BY2736 . . . BY0546 . . . 4175 . . . 4177 . . . 4176 . . . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 40,000 10,000 50,000 10,000 5,000 5,000 5,000 5,000 5,000 35,000 5,000 200 200 1,000 1,000 7,400 1,000 500 1,500 10,000 33,000 2,000 2,000 1,000 48,000 S. Abdulkhaliq S. Abdulkhaliq & S. M. Nasiruddin. S.M. Nasiruddin. S. Abdulkhaliq S.M. Nasiruddin & S. Mahomed Badruddin. The Bank of India Ltd. Do. Manager, Mangrol State. The Bank of India Ltd. Imperial Bank of India, Rajkot. 1. Subs. by Notification No. S.R.O. 423, dated 31st January, 1951. 4 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 6. 4% Government Loan 1960—70. 7. 5% Karachi Municipal Debentures. 8. 4% Bombay Port Trust Loan 1904. Do. 1905 Do. 1911 4% Bombay Port Trust Debentures 1912. Do. Loan 1912 Do. 1913 Do. 1910 BY028954 . . . BY054155 . . . 29 . . . . 128 . . . . 129 . . . . 130 . . . . 8896 . . . . 8897 . . . . 8898 . . . . 11694 . . . . 13369 . . . . 13368 . . . . 13370 . . . . 16734 . . . . 17215 . . . . 17496 . . . . 17497 . . . . 17498 . . . . 14239 . . . . 14240 . . . . 14627. . . . 14628 . . . . 14629 . . . . 14630 . . . . 16986. . . . 14631. . . . 9424. . . . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1,000 1,000 2,000 5,000 1,000 1,000 1,000 8,000 10,000 10,000 500 20,500 500 5,000 1,000 1,000 7,000 5,000 15,000 10,000 10,000 10,000 5,000 5,000 55,000 5,000 5,000 5,000 5,000 1,000 500 21,500 1,000 S. Abdulkhaliq S. Abdulkhaliq & S.M. Nasiruddin. Do. Do. Do. S. Abdulkhaliq &S.M. Nasiruddin. Do. Do. Do. The Bank of India Ltd. Do. Do. Do. Do. The Bank of India Ltd. Do. Do. Do. 5 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 9. Postal Cash Certificates 10. Imperial Bank of India 11. Tata Iron & Steel Co. Ltd. Do. Tata Iron & Steel Ltd. J/3. 243970 . . . J/3. 243971 . . . R/2. 058918 . . . D/2. 140148 . . . D/2. 140149 . . . D/2. 140150 . . . D/2. 188805 . . . D/2. 188806 . . . D/2. 188807 . . . D/2. 188808 . . . D/2. 188809 . . . H/2. 104370 . . . H/2. 104371 . . . 71331/33; 59772/76; 73660/64; 52734/40 199449/598 . . . 579107/31; 221305/314; 628127/31; 315328/32; 561872/76; 23778/82; 199978/82; 136977/86; 102371/75; [1][184384/881] 381542/46; 182778/782; 550127/131; 182773/777; 39672/76; 465892/96; 81910/14; 81925/29; 355627/631; 355952/56; 626262/66; 626257/61; 380617/21; 472085/89. 1 1 1 1 1 1 1 1 1 1 1 1 20 (Fully paid). 150.II. PREF. 80-II. PREF 70-11. PREF. 100 100 50 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 500 50 9,250 . . . . S. Abdulkhaliq S.M. Jehangirmian & S. Abdulkhaliq. Do. S. Abdulkhaliq S. Abdulkhaliq The Bank of India Ltd Do. Do. Do. Do. 1. Subs. by Notification No. 782, dated 31st January, 1956. 6 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 12. Reserve Bank of 216246/250; 217171/75; 15 . . S. The Bank India 244941/45. Abdulkhaliq of India Ltd 13. Scindia Steam 1220766/815 50 . . S.M. Do. Navigation Co., Jehangirmian Ltd. & S. Abdulkhaliq. 50 Do. 2554913/962 . . Do. The (1946 Company. Issue). Do. 1009279/378; 700 . . S. The Bank 1[1009529/728; Abdulkhaliq of India 1009779/978]; Ltd. 1060995/1019; 1061170/194; 1[482442/4491]; 1061270/294; 1200467/76; 525461/477; 473102/116; 86607/616; 1[1258683/6871] 1[97449/458]; 1258798/800; 1499485/489; 474701/715; 1499802/803; 403429/53. Do. 2564919/65618 . . Do. The 700 Company. (1946 Issue) 14. International 12186/435 250 . . Do. The Bank Bank of India ORD. of India Ltd. Ltd. 100 . . Do. 25035/134 Do. Do. DEFD. . . 15. Indian Iron & 2492048/057; 439550/99; 160 S.M. Do. Steel Co., Ltd. 454812/911. ORD. Jehangirmian & S. Abdulkhaliq. . . 16. Tata Power Co., 13744; 13918 2 ORD. Do. Do. Ltd. 17. Tata Iron & 30844/63; 33624/26; 40 . . Do. Do. Steel Co., Ltd. 16892; 16891; PREF. 9051/65. 18. Dacca Electric 78138/437; 20345/544 500 . . Do. Do. Supply Co., Ltd. 1. Subs. by Notification No. S.R.O. 3657, dated 7th December, 1955. 7 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. S.M. The Bank 19. Central Bank of 104775/79; 113564/68; 25 . . Jehangirmian of India India Ltd. 121501/05; 121506/10; & S. Ltd. 146385/89. Abdulkhaliq. Do. . . 25 . . Do. Central (1944 Bank of Issue) India Ltd. Do. 1[481866/870]; 650 . . S. The 481876/880; Abdulkhaliq Central 481886/935; 481871/75; Bank of India. 481881/85; 382891/95; 87321/25; 87311/320; 87331/335; 250591/95; 302286/290; 97921/924; 64601/05; 64899/900; 81680; 64951; 85476; 75116/117; 89872/75; 191591/95; 399841/45; 617766/70; 487611/615; 370636/640; 378516/25; 333506/15; 509861/70; 197470/79; 350371/80; 617791/95; [1][609861/75]; 405006/020; [1][405316/405345]; 424061/65; 444676/80; 444681/690; 459061/70; 590731/35; 590736/740; 636656/60; 636671/80; 221846; 203620/21; 202155/56; 223162; 219671/72; 201823/24; 209641/42; 224774; 220694/95; 219582; 206202; 219370/71; 200938; 215174; 212874; 669764; 204539; 206722; 223996; 224476; 205692/93; 209366; 1. Subs. by Notification No. S.R.O. 3657, dated 7th December, 1955. 8 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 207094; 671182; 671196; Central Bank of 650 . . S. The 223936/38; 223962; India Abdulkhaliq Central 200297; Ltd.—contd. Bank of 203771/772; 221837; India. 207058; 202909/10; 210539; 42866/875; 42876/880; 669967; 216124/25; 200749/750; 114757/761; 446401/05; 156361/65; 449926/30; 252396/425; 499216/220; 257471/75; 449931/35; 168646/655; 102660/669; 450631/700; 579396/420; 610631/45; 371296/310; 408776/785; 623146/155; 309786/795. Do. . . 650 . . Do. Do. (1944 Issue). S.M. S.M. 500 Do. . . Nasiruddin. Nasiruddin. 100 Do. 158056/158060; . . Do. Manager, (1947 158061/65; Mangrol. Issue) 158066/70; 158071/75; Bonus 158075/80; 158081/85; shares. 158086/90; 158091/95; 158096/100; 158101/05; 158106/10; 158111/15; 158116/20; 158121/25; 158126/30; 158131/35; 158136/40; 158141/45; 158146/50; 158151/55. 65 S. The Do. 149001/149065 . . Bonus Abdulkhaliq Central shares Bank of (1947 India. Issue). Do. 149066/149135 1[407341/407365]. 70 . . Do. Do. Bonus shares (1947 Issue). 1. Subs. by Notification No. S.R.O. 3657, dated 7th December, 1955. 9 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 20. National Gramophone Record Manufacturing Co., Ltd. Do. 21. Bombay Electric Supply & Tramway Co., Ltd. Do. 22. Macfarlane & Co. Ltd. 23. Travancore Rubbers Ltd. 24. Peninsular Plantations Ltd. Do. 25. Burmah Corporation Ltd. 26. 4% Bombay Port Trust Loan, 1908. 27. Bank of India Ltd. Do. Do. Do. Do. 85/86. . . . 831/850. . . . 60126/30; 151637/41; 153460/64; 592471. 590518/526 11823 10251 11824 11825 296611/615; 296663/66 296541/610; 296661/662 296616/650 296651/660 . . 2 Founder 20 ORD. 16 ORD. 9 ORD. . . . . . . . . S. Abdulkhaliq Do. Do. Do. The Bank of India Ltd. Do. Do. Do. 1561/1585 25 . . S. Amiruddin Manager, Mangrol. . . 31338/31347 10 Do. Do. Do. S. Abdulkhaliq 29906/29925 28656/705; 31756/855 29906/29925 20 Do. Do. . . 28656/705; 31756/855 150 S. The Bank Abdulkhaliq of India Ltd. . . 4997124/4997173 50 S. Amiruddin Manager, Mangrol. 20 150 . . . . 1 1 1 1 9 72 35 10 126 (1948 Issue). 1,000 500 500 500 2,500 . . . . . . . . . . S. Abdulkhaliq Do. S.M. Jehangirmian. S.M. Jehangirmian & S. Abdulkhaliq. Do. . . The Bank of India Ltd. Do. Do. Do. Do. Do. 10 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. Indian Iron & 28. Steel Co. Ltd. 2496918/7017; 586262/361; 1[685637/685736]; 751069/168; 2424519/48; 997212/261; 1976825/874; 2488933/972; 2196159/238. 650 ORD. . . S. Abdulkhaliq The Bank of India Ltd. 29. All interest and dividends remaining unpaid or compensation either in cash or in securities or in shares or both in respect to all or any of the above said shares or securities. 30. All Bonus shares, coupons or new shares to the issue or allotment of which the holder became entitled by virtue of the holding of all or any of the above items. 31. Amounts standing in the current or Savings Bank Accounts in the Bank of India Ltd., Bombay and Calcutta, Imperial Bank of India, Bombay, Rajkot and Lahore and the National City Bank of New York (London) in the names of Shaikh Jehangirmian, Shaikh Abdulkhaliq, Shaikh Mahomed Nasiruddinmian, Shaikh Mahomed Badruddin or in the name of any one or more of them or in the name of Karbhar, or any other officer of Mangrol in his official capacity or in the names of more than one of such officers. (b) Investments of Mangrol State for Islamia Charitable Education Trust Fund No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 1 1 1 1 1 1 1 1 1 1. 4% Government Loan 1960-70. BY034262. . . . BY034263. . . . BY034264 . . . . BY021965. . . . BY021101. . . . BY021102. . . . BY029530. . . . BY018397. . . . BY012959. . . . 25,000 25,000 25,000 25,000 10,000 10,000 5,000 1,000 500 1,26,500 S. Abdulkhaliq The Bank of India Ltd. 1. Subs. by Notification No. S.R.O. 3657, dated 7th December, 1955. 11 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 2. 3½% Government Promissory Notes 1842—43. 3½% Government Promissory Notes 1854—55. 3½% Government Promissory Notes 1865. B085053. . . . B085054. . . . B088264. . . . B065023. . . . B058497. . . . B058498. . . . B058499. . . . B085488. . . . B085286. . . . B137850. . . . B116766. . . . B116767. . . . B094040. . . . B109398. . . . B116764. . . . B094039. . . . B094037. . . . B094038. . . . B132386. . . . B132387. . . . B132388. . . . B115167. . . . B094036. . . . B154594. . . . B103122. . . . B137665. . . . B124448. . . . B128184. . . . B088686. . . . B097625. . . . B132338. . . . B141008. . . . B141009. . . . B141010. . . . B141011. . . . B139115. . . . B139116. . . . B139117. . . . B139118. . . . B146333. . . . B139637. . . . B138012. . . . B126481. . . . B158893. . . . B158894. . . . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 10,000 10,000 5,000 1,000 1,000 1,000 1,000 500 500 30,000 15,000 5,000 5,000 5,000 2,000 2,000 2,000 1,000 1,000 1,000 1,000 1,000 1,000 500 42,500 25,000 5,000 5,000 5,000 2,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 59,000 S. Abdulkhaliq Do. Do. The Bank of India Ltd. Do. Do. |Col1|Col2| |---|---| |Col1|Col2| |---|---| 12 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 3½% Government Promissory Notes 1900— 01. 3. 4% Bombay Port Trust Loan 1905. 4% Bombay Port Trust Loan 1908. 4% Bombay Port Trust Loan 1911. 4% Bombay Port Trust Loan 1914. 4. Imperial Bank of India Do. 5. Bank of India Ltd. B213425 . . . . B213651 . . . . B214418 . . . . B113330. . . . B124857. . . . B124858. . . . B124859. . . . B124860. . . . B124861. . . . 9477. . . . 9615. . . . 6262. . . . 6263. . . . 6264. . . . 6342. . . . 12268. . . . 12858. . . . 13758. . . . 69493; 51015/24; 40538/41; 40544/45; 42847; 48071; 51007. 126317. . . . 22478/87; 16604/607; 90145/49 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 20 (Fully paid). 1 (Partly paid). 25,000 25,000 10,000 10,000 5,000 1,000 1,000 1,000 500 78,500 5,000 3,500 1,000 1,000 1,000 500 7,000 10,000 5,000 15,000 3,000 . . . . S. Abdulkhaliq Do. Do. Do. Do. Do. Do. The Bank of India Ltd. Do. Do. Do. Do. Do. Do. |Col1|Col2| |---|---| 19 . . Do. Do. 13 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 6. Central Bank of India Ltd. Do. 7. Central Provinces Railways Co. Ltd. 109032/81; 12360/62; 16891; 16893/95; 16926; 31461/65; 35816/830; 43834/35; 88271/286; 88222/25; 121431/35; 338591/640; 279041/45; 80056/60; 39056/060; 385326/330; 127221/225; 449901/905; 32806/825; 308931/35; 91374/80; 91351/63; [1][103607/6161; 290801/805; 432246/50; 597101/105; 326016/20; 484976/985; 369861/70; 311686/735; 220986/87; 213656; 521081/85; 205750/51; 461641/45; 461616/20. 149136/149205 350 70 (Bonus shares). The Bank of India Ltd. The Central Bank. . . . . S. Abdulkhaliq Do. 51506/510 5 . . Do. The Bank of India Ltd. . . 8. Bombay Electric 495636/715 80 Do. Do. Supply ORD. & Tramway Co. Ltd. 9. Oriental 350 1 . . Do. Do. Government Security Life Assurance Co. Ltd. 10. Alcock 7488; 1627; 4354 3 . . Do. Do. Ashdown & Co. Ltd. . . Do. 3 Do. 27816/18 The Company. 1. Subs. by Notification No. S.R.O. 3657, dated 7th December, 1955. 14 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 11. Bombay Burmah Training Corporation Ltd. 12. Port Canning & Land Improvement Co. Ltd. 13. Bombay Steam Navigation Co. Ltd. Do. 14. Tata Iron & Steel Co. Ltd. 15. New Prince of Wales Press Co. Ltd. 16. Bombay Electric Supply & Tramway Co. Ltd. 17. Pench Valley Coal Co. Ltd. 18. Dacca Electric Supply Co. Ltd. 19. Framji Petit Spinning Manufacturing Co. Ltd. 20. New Mofussil Co. Ltd. 21. Premier Mills Co. Ltd. 26546/56; 26563/65 14 (Old) . . S. Abdulkhaliq The Bank of India Ltd. 53981/54010 30 . . Do. Do. 10455/74; 13482; 13184/90 21502/503; 21509/21510 125852/56; 139033; 145103/107; 177034/038; 6931/35; 6926/930; 175374/78; 175384/88; 257173/177; 257649/53; 279627/631; 279902/906; 309741/745. 28 ORD. 4 PREF. 1[61] ORD. . . . . Do. Do. Do. Do. . . Do. Do. 132; 146; 243/44 4 . . Do. Do. 157378/407 30 PREF. 47441/490; 20581/680; 18471/570; 75599/648; 76355/554. 500 (Fully paid). . . Do. Do. . . Do. Do. 55186/685 500 . . Do. Do. 514 1 . . Do. Do. 258; 1241; 2703 3 . . Do. Do. 15536/60 25 . . Do. Do. 22. All interest and dividends remaining unpaid or compensation either in cash or in securities or shares or both in respect to all or any of the above said shares or securities. 23. All Bonus shares, coupons or new shares to the issue or allotment of which the holder became entitled by virtue of the holding of all or any of the above items. 1. Subs. by Notification No. S.R.O. 3657, dated 7th December, 1955. 15 ----- (c) Investments of Wakf Trust Fund of Mangrol State No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 1. 4½% Government Loan 1955—60. 2. 4% Government Loan 1960—70. 3. 5% Government Loan 1945—55. BY002122 . . . . BY009926 . . . . BY009924 . . . . BY009925 . . . . BY002519 . . . . BY028429 . . . . BY019645 . . . . BY020450 . . . . BY028731 . . . . BY053810 . . . . BY020266 . . . . BY020340 . . . . BY020341 . . . . BY020342 . . . . BY020343 . . . . BY020344 . . . . BY020454 . . . . BY020455 . . . . BY020456 . . . . BY019990 . . . . BY016421 . . . . BY016422 . . . . BY028174 . . . . BY028175 . . . . BY105058 . . . . BO99465 . . . . BO90618 . . . . BO90621 . . . . BO94061 . . . . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 25,000 25,000 10,000 10,000 7,000 77,000 10,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 1,000 1,000 1,000 1,000 84,000 10,000 5,000 5,000 5,000 5,000 30,000 S.M. Jehangirmian & S. Abdulkhaliq. S. Abdulkhaliq & S.M. Nasiruddin. S.M. Jehangirmian & S. Abdulkhaliq. The Bank of India Ltd. Do. Do. 16 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 4. 5% Karachi 24 . . . . 1 10,000 S.M. The Bank Municipal Loan 25 . . . . 1 10,000 Nasiruddin & of India 1927. S. Ltd. 20,000 Abdulkhaliq. 5. Tata Iron & 202847/50; 139034; 10 ORD. . . S.M. Do. Steel Co. Ltd. 202842/ 846 Jehangirmian. . . Do. 134999/5005; 25 ORD. S.M. 128944/945; Jehangirmian Do. 99848/49; 270092/094; & S. 109175; 324177/186. Abdulkhaliq. Do. 136127/131; 70 II. . . Do. Do. 462255/259; PREF. 550042/46; 554067/71; 135017/21; 241152/156; 136122/126; 48016/20; 194014/18; 103935/939; 103940/949; 398463/67; 53075/79. Bombay . . 6. 15794/808; 7906/15; 116 S.M. Do. Electric Supply 250750/74; 3291/315; ORD. Jehangirmian. & Tramway Co. 495716/45; 574683/693. Ltd. . . Bombay 592472 1 ORD. S.M. Do. Electric Supply Jehangirmian & Tramway Co. & S. Ltd. Abdulkhaliq. Do. 157408/37 30 . . S.M. Do. PREF. Jehangirmian. 7. Bombay Steam 7607/08; 10799/800; 10 ORD. . . Do. Do. Navigation Co. 16527; 8722/3; 13322/4. Ltd. 3 PREF. . . Do. 21511/13 Do. Do. 8. Alcock 38; 8259:; 931; 942/4; 18 . . Do. Do. Ashdown & Co. 947; Ltd. 2538; 8356; 7834; 1837; 2634; 8277; 5691; 5725; 5724; 567; 2375. Do. 21852/69 18 . . Do. The Company. 9. Oriental 1562/63 2 . . Do. The Bank Government of India Security Life Ltd. Assurance Co. Ltd. 17 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 10. New Prince of Wales Press Co. Ltd. 11. Bombay Burmah Trading Corporation Ltd. Do. 12. Fort Canning & Band Improvement Co. Ltd. 13. New Mofussil Co. Ltd. 14. Premier Mills Ltd. 15. Central Bank of India Ltd. Do. Do. Do. 16. Framji Petit Spinning and Manufacturing Co. Ltd. 17. Imperial Bank of India Do. 191/4; 212 5 . . S.M. Jehangirmian. The Bank of India Ltd. Do. Do. 115249/94 39352/59; 26557/62 46 (New) 14 (Old) . . . . Do. Do. 54101/120 20 . . Do. Do. 1587; 2009 2 . . Do. Do. 15561/85 25 . . Do. Do. Do. Do. S.M. Jehangirmian & S. Abdulkhaliq. Do. 109082/131; 21949/2048 104256/285 364751/790; 658541/550; 11526/537; 21237/244; 10/20; 1620; 11518/520; 457381/390; 476231/245; 485151/165. 149206/149230 150 30 (Bonus shares). 125 25 (Bonus shares). . . . . . . . . Do. The Central Bank. The Bank of India Ltd. The Central Bank. The Bank of India Ltd. Do. Do. 77 1 . . S.M. Jehangirmian 28515; 56413/16; 51025/34; 60591; 74088/092; 45336/8; 55227/8. 17029/068 26 (Fully paid). 40 (Partly paid). 18 . . . . Do. Do. ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 18. 4% Debentures Stock, Bombay Telephone Co. 19. 6% Karachi Port Trust Debentures 1956. 20. The Bank of India Ltd. Do. 21. Scindia Steam Navigation. Do. 22. Century Spinning & Manufacturing Co. Ltd. Do. 23. Tata Hydro Electric Power Supply Co. Ltd. 8594 1 950 S.M. Jehangirmian. 1779 1 1,000 S. 1780 1 1,000 Abdulkhaliq 67 1 500 & S.M. Nasiruddin. 2,500 9801; 11607/608; 70 . . S.M. 11865; Jehangirmian 14869; 16840/41; & S. 19386; Abdulkhaliq. 98534/538; 28195/199; 3178; 23440; 19807/809; 18586; [1][133361]; 29151; . . 199746/47; 174086/10; 144 S.M. 14613/622; 19449/455. Jehangirmian. 192311/19; 136857/8; 83146; 119615/21; 189764/9; 44701/800; 168446/64. 282061/85; 402944/68; 166 . . Do. 11627/51; 389397/401; 246226/42; 246198/200; 956572/637. . . 2573336/501 . . . 166 Do. 12493; 10155; 1225; 10 . . Do. 13220; 4454; 1785/9. 1[14978]; 9646; 14872; 10 . . S. 14529; 14672; 11445; Abdulkhaliq 7815; & S.M. 10085; 10904; 13300. Jehangirmian. 107666/70; 138911/15 10 ORD. . . S.M. Jehangirmian, K.S. Mahomed Badruddin and S. Abdulkhaliq. The Bank of India Ltd. Do. Do. Do. Do. The Company. The Bank of India Ltd. Do. Do. 1. Subs. by Notification No. S.R.O. 3657, dated 7th December, 1955. 19 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 24. Gondal Para Co. Ltd. 25. Kanknarrah Co. Ltd. Do. Do. 184/8 5 . . S.M. Jehangirmian. 11111/15; 28146/50; 6711/15 17778/89 21527/31 15 ORD. 12 „B‟ ORD. (Bonus shares). 5 ORD. The Bank of India Ltd. Do. The Company. The Bank of India Ltd. The Company. The Bank of India Ltd. . . . . . . Do. Do. S. Abdulkhaliq & K.S. Mahomed Badruddin. Do. 17766/69 4 „B‟ ORD. (Bonus shares). . . Do. 26. Hukumchand Jute Mills 27. Gourepore Co. Ltd. 28. Kamarhatty Co. Ltd. Do. 29. Anglo India Jute Co. Ltd. 30. Cheviot Mills Co. Ltd. 31. Auchland Jute Co. Ltd. Do. 32. Clive Mill Co. Ltd. 297901/40; 297991/8000 144581/680 100 ORD. 20 50 ORD. . . S.M. Jehangirmian. 4183/87; 20558/562 10 ORD. . . Do. Do. 15631/40; 18163/72 13374/389 20 ORD. 16 ORD. . . . . Do. Do. 38627/46 20 ORD. . . S. Abdulkhaliq & K.S. Mahomed Badruddin. 12621/45 25 ORD. . . S.M. Jehangirmian. 1776/85; 531/40 20 ORD. . . S. Abdulkhaliq & K.S. Mahomed Badruddin. 9726/30 5 ORD. . . S.M. Jehangirmian. . . S.M. Jehangirmian & S. Abdulkhaliq. Do. The Company. The Bank of India Ltd. Do. Do. Do. Do. ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 33. Albion Jute Mills Co. Ltd. 34. Tata Iron & Steel Co. Ltd. 35. New Beerbhoom Coal Co. Ltd. 36. Bengal Coal Co. Ltd. 37. United Provinces Electric Supply Co. Ltd. Do. 38. Benaras Electric Light & Power Co. Ltd. 39. Amalgamated Coalfield Ltd. 40. Agra Electric Supply Co. Ltd. Do. 41. Patna Electric Supply Co. Ltd. 42. Raneegunge Coal Association Ltd. Do. 4716/20; 7276/80; 7871/5; 10491/5; 10496/500; 10826/830. 23859; 34080; 34126; 39124; 46896. 64121/220; 61681/780; 174056/095; 58447/486; 137538/57. 2206/210; 2946/50; 28304/306; 35954/55; 21516/520. 20185/209; 20260/284 41763/41799 103116/215; 56201/230; 33891/915; 144489/513; 143369/376; 48056/060; 152265/268; 52279/281. 46972/071; 63901/950; 64201/225; 91135/59. 11764/813 17757/72 132817/875: 36505/529: 37710/719; 103378/383. 8010/209 . . . . 200 200 (1948 Issue). 21 30 ORD. . . S. Abdulkhaliq & K.S. Mahomed Badruddin. 5 DEFD. . . S.M. Jehangirmian. & S. Abdulkhaliq. The Bank of India Ltd. Do. 300 ORD. . . Do. Do. . . 20 Do. Do. 50 37 (Bonus shares). . . . . Do. Do. Do. The Company. 200 . . Do. The Bank of India Ltd. . . 200 Do. Do. 50 16 (Bonus shares). . . . . Do. Do. Do. The Company. 100 . . Do. The Bank of India Ltd. . . . . Do. Do. Do. The Company. ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 43. Pench Valley 6981/7080 100 . . 1[S.M. The Bank Coal Co. Ltd. Jehangirmian of India & S. Ltd. Abdulkhaliq.] 44. Dacca Electric 35646/745 100 . . Do. Do. Supply Co. Ltd. . . Do. . . . 42606/71 66 Do. Do. PREF. 45. Bank of Baroda 44836/850: 24359/363; 75 . . Do. Do. Ltd. 44329/331: 57994/95; 25582/588: 25602/609; 6260/64; 54166/170; 6616/19: 6747/49; 7788/89; 8372; 8931/32; 9355/6: 9861; 10955; 49869; 13444; [19777]; 19778/79; 26789/792. 46. Equitable Coal 32221/270; 163439/463; 200 . . Do. Do. Co. Ltd. 163469/493; 31871/895; ORD. 2561/70; 180457/471; 27664/66; 10746/760; 136191/20: 161392/393. . . Do. 47. East India Coal 119801/825; 19441/465; 200 Do. Co. Ltd. 81561/610; 58081/130; ORD. 41526/575. . . 48. Burma 369667/766 . . . . 100 Do. Do. Corporation Ltd. . . 49. Reserve Bank 469551/555; 20 S. Do. of India 172881/885; Abdulkhaliq 223011/015; 26527/531. . . 50. Associated 565171/75; 401733/737; 15 Do. Do. Cement Cos. 399327/29; 643516; Ltd. 401738. . . Do. N1053417/23; 1055557 8 Do. Manager, Mangrol State. 51. Orient Jute 6201/225 25 ORD. . . The Bank S.M. Mills Co. Ltd. of India Jehangirmian Ltd. & S. Abdulkhaliq 1. Subs. by Notification No. S.R.O. 3657, dated 7th December, 1955. 22 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 52. New Victoria Mills Co. Ltd. 53. Dalhousie Jute Co. Ltd. Do. Do. Do. 54. South Madras Electric Supply Corporation. Ltd. Do. 55. Burrakur Coal Co. Ltd. 373916/4015; 198076/125; 198126/275; 1340567155; 118326/335; 118696/785. 22368 1566/70; 19231/232 4801/05; 3506/10; 3486/95; 15581/590. . . 46485/574 149666/845 429408/409; 46874/883; 429155/164; 31367/378; 356762/777; 181925/2024; 296542/566; 310119/143; 413937/941; 135576/600; 213815/824; 213754/763; 57601/700. 500 PREF. 1 ORD. (Bonus shares). 7 ORD. 30 ORD. 12 (Bonus shares) (Fully paid). 90 51/2% II. Cum PREF. 180 ORD. 350 ORD. . . S.M. Jehangirmian and S. Abdulkhaliq. . . . . . . . . . . . . Do. S.M. Jehangirmian. S. Abdulkhaliq and K.S. Mohamed Badruddin. Do. S.M. Jehangirmian and S. Abdulkhaliq. Do. The Bank of India Ltd. Do. Do. Do. The Company. The Bank of India Ltd. Do. . . Do. Do. 56. All interest and dividends remaining unpaid or compensation either in cash or in securities or shares or both in respect to all or any of the above said shares or securities. 57. All Bonus shares, coupons or new shares to the issue or allotment of which the holder became entitled by virtue of the holding of all or any of the above items. 23 ----- (d) Investments made by Shaikh Jehangirmian No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 1. 3% Madras Government Loan 1953. 2. 4% Government Loan 1960—70 3. 4½ % Government Loan 1955—60. 4. 5% Government Loan 1945—55. 5. 5% Government Loan 1945—55. BY000050 . . . . BY000049 . . . . BY000047 . . . . BY000048 . . . . BY000046 . . . . BY018434 . . . . BY018435 . . . . BY018436 . . . . BY018437 . . . . BY018534 . . . . BY018535 . . . . BY018536 . . . . BY018537 . . . . BY018538 . . . . BY018539 . . . . BY018540 . . . . BY018541 . . . . BY018538 . . . . BY018539 . . . . |Col1|Col2| |---|---| |Col1|Col2| |---|---| B135006 . . . . 164662 . . . . B150148 . . . . B164656 . . . . B105258 . . . . B105259 . . . . B105260 . . . . 155123 . . . . 155124 . . . . 155125 . . . . B164661 . . . . B179863 . . . . B179864 . . . . B179865 . . . . B179866 . . . . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 10,000 5,000 1,000 1,000 100 17,100 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 14,000 S. Abdulkhaliq and S.M. Nasiruddin. Do. S.M. Jehangirmian, S. Abdulkhaliq and K.S. Mahomed Badruddin. BY009781 . . . . 1 25,000 S. Abdulkhaliq and S.M. Nasiruddin. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 10,000 10,000 5,000 1,000 1,000 1,000 1,000 1,000 1,000 500 32,500 10,000 10,000 5,000 5,000 30,000 S.M. Jehangirmian S. Abdulkhaliq and K.S. Mahomed Badruddin. S. Abdulkhaliq, S.M. Nasiruddin and K.S. Mahomed Badruddin. The Bank of India Ltd. Do. Do. Do. Do. Do. 24 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 6. 5% B135008 . . . . 1 10,000 S.M. The Bank Government B171578 . . . . 1 5,000 Jehangirmian of India Loan 1945— B171579 . . . . 1 5,000 and S. Ltd. 55. 20,000 Mahomed Badruddin 7. 5% B139202 . . . . 1 25,000 Government B179402 . . . . 1 10,000 Loan 1945— B095746 . . . . 1 10,000 55. B164645 . . . . 1 5,000 B121758 . . . . 1 4,000 S.M. Do. B121757 . . . . 1 3,000 Jehangirmian B150200 . . . . 1 1,000 and S. B113039 . . . . 1 1,000 Abdulkhaliq. B113044 . . . . 1 1,000 B113045 . . . . 1 1,000 B113046 . . . . 1 1,000 B113047 . . . . 1 1,000 63,000 8. Amalgamated 25162/186 . . . . 25 . . Do. Do. Coalfields Ltd. 9. Kanknarrah 13351/55; 19878/82 10 ORD. . . S. Do. Co. Ltd. Abdulkhaliq . . Do. 17790/97 . . . . 8 „B‟ Do. The ORD. Company. 10. Century 1948; 6728/6730; 17737 5 ORD. . . S.M. The Bank Spinning and Jehangirmian of India Manufacturing and S. Ltd. Co. Ltd. Abdulkhaliq. 11. Barnagore Jute 56634/38; 76026/30 10 ORD. . . Do. Do. Factory Co. Ltd. 12. Travancore 26464/563; 49132/228 197 . . S. The Bank Rubber Ltd. Abdulkhaliq of India Ltd. 13. British India 3836024/123; 200 . . S.M. Do. Corporation 2261268/1367 ORD. Jehangirmian Ltd. and S. Abdulkhaliq. 14. Kothari 29585/609; 1101/1200 125 . . S. Do. Textiles Ltd. ORD. Abdulkhaliq Do. 24112/36; 14957/15056 125 . . Do. Do. PREF. Do. 92363/92562; 85361/85410 250 . . Do. Manager, (Bonus Mangrol shares). State. 25 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 15. Midnapore Zamindari Co. Ltd. Do. 16. Champadany Jute Co. Ltd. 17. Bombay Burmah Trading Corporation Ltd. 18. Bombay Dyeing and Manufacturing Co. Ltd. 19. Tata Power Co. Ltd. 20. Carew & Co. Ltd. Do. 21. Tidewater Oil Co. (India) Ltd. 22. Fort Williams Jute Co. Ltd. 23. Bank of Baroda Ltd. 24921/45; 46195/219; 66729/33; 84801/25; 85151/75; 85531/50; 67982/68006; 52396/420. 4251/75 . . . . 112441/465 . . . . 25 . . S.M. Jehangirmian and S. Abdulkhaliq. 26 175 ORD. 25 PREF. . . . . S.M. Jehangirmian and S. Abdulkhaliq. Do. The Bank of India Ltd. Do. 2791/95 . . . . 5 . . Do. Do. 518; 4335; 10207; 18928/30; 22368; 23892; 31115; 33211. 11903; 19667; 21309; 21516. 25966; 29540; 26126; 30413; 30414; 9314; 5840/841; 32599; 24772; 27209; 1893; 10223. 15301/400; 147721/820; 166695/744; 209525/649. 729/738 . . . . 10 ORD. . . S. Abdulkhaliq 4 . . S.M. Jehangirmian and S. Abdulkhaliq. 13 ORD. . . S. Abdulkhaliq 375 ORD. 10 PREF. . . . . S.M. Jehangirmian and S. Abdulkhaliq. Do. Do. Do. Do. Do. Do. Do. 58101/200; 55901/56000 200 ORD. . . S. Abdulkhaliq 3876/900; 10801/25 50 ORD. . . Do. Do. Do. ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 The Bank of India Ltd. Do. Do. Do. The Company. The Bank of India Ltd. Do. Do. Do. Do. 24. Indian Iron & Steel Co. Ltd. 25. British Ceylon Corporation Ltd. 26. Premier Construction Co. Ltd. Do. Do. 27. Belvedere Jute Mills Co. Ltd. 28. Pench Valley Coal Co. Ltd. 29. National Co. Ltd. Do. Do. 439100/474; 1094819/58; 1102867/902; 1171333/532; 1173603/42; 1371895/958; 2214857/76; 2287504/608; 2341676/90; 2480019/38; 1764097/142; 1692188/233; 1802602/609. 101/125 25 ORD. . . S.M. Jehangirmian and Zubeda Siddiqa. 4041/140; 14901/5000; 300 . . S.M. 64231/330. Jehangirmian and S. Abdulkhaliq. 182301/400; 301651/700 150 . . S.M. ORD. Jehangirmian and Vezeerunisa Begum. 34551/600; 82651/700; 150 . . S. 70101/150. ORD. Abdulkhaliq 138701/50; 299151/200 100 . . S.M. ORD. Jehangirmian and S. Abdulkhaliq. 1015 ORD. 214651/750; 96101/200 200 ORD. 59221/225 6159/68 . . 5 ORD. 10 II PREF. 25 III PREF. (Bonus shares) Rs. . . 1[S.M. Jehangirmian and S. Abdulkhaliq.] . . S. Abdulkhaliq and S.M. Nasiruddin. . . S.M. Jehangirmian and S. Abdulkhaliq. . . Do. . . Do. 1. Subs. by Notification No. S.R.O. 3657, dated 7th December, 1955, Gazette of India. Part II, sec. 3, for the former entry. 27 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 30. Delta Jute 6291/315 25 ORD. . . S.M. The Bank Mills Co. Ltd. Jehangirmian of India and Hamida Ltd. Begum. 31. Orient Jute 13926/50 25 ORD. . . S.M. Do. Mills Co. Ltd. Jehangirmian and S. Abdulkhaliq. 32. Caledonian 436/40, 8421/25 10 ORD. . . Do. Do. Jute Mills Co. Ltd. 33. Caledonian 20 . . . . Do. Do. Jute Mills Co., Ltd. 34. Burn and Co. 40136/140 5 ORD. . . Do. Do. Ltd. 35. Jubbulpore 87301/500 200 . . S. Do. Electric Supply Abdulkhaliq Co. Ltd. Do. 178420/519 100 . . Do. The (Bonus Company. shares). 36. Benares 83966/4065; 154701/800; 300 . . S.M. The Bank Electric Light 154801/900. Jehangirmian of India and Power Co. and S. Ltd. Ltd. Abdulkhaliq. 37. Cheviot Mills 15296/320 25 ORD. . . S.M. Do. Co. Ltd. Jehangirmian and Zubeda Siddiqa. 38. Bally Jute Co. 6831/835 5 ORD. . . S. Do. Ltd. Abdulkhaliq 39. Bengal Coal 2531/40; 14671/72; 55 . . S.M. Do. Co. Ltd. 18346/50; 20047/49; Jehangirmian 20912/16; 22501/05; and S. 25383/87; 30541/50; Abdulkhaliq. 38713/17; 39819/23 . . Do. Do. 40. United 20135/144 10 Provinces Electric Supply Co. Ltd. Do. 418011/807 8 (Bonus . . Do. The shares). Company. 41. Steel 426894/993; 365124/163; 150 . . Do. Do. Corporation of 103643/652. Bengal Ltd. ORD. . . Do. Do. Do. 32548/72; 4821/845 50 PREF. 28 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 42. Spencer & Co. Ltd. Do. 43. Hattikhira Tea Co. Ltd. 44. Sendra Coal Co. Ltd. 45. Agarpara Co. Ltd. 46. Dacca Electric Supply Co. Ltd. Do. 47. New Victoria Mills Co. Ltd. 48. Singareni Collieries Co. Ltd. 49. Birla Jute Manufacturing Co. Ltd. 50. Associated Cement Cos. Ltd. Do. 51. Anglo India Jute Mills Ltd. 52. New India Assurance Co. Ltd. 77067/166 262167/261 178718/27; 278666/75; 401728/32. N1053399/N1053403; N1053404/N1053408; N1053409/N1053413; N1053414/N1053416. 6871/95; 10416/20; 16504/13; 42957/81; 46192/201. 192259/268 29 100 ORD. 95 B. PREF. 8½ . . . . S. Abdulkhaliq Do. The Company. Do. 46891/990 100 . . Do. Do. 38131/80; 79401/50 100 . . S.M. Jehangirmian and S. Abdulkhaliq. Do. 146456/555; 296456/555 200 ORD. . . Do. Do. 5546/645 42539/605 445003/102; 138161/260; 540143/242; 143226/325; 451853/952. 100 ORD. 67 PREF. 500 PREF. . . . . Do. Do. Do. Do. . . Do. Do. 580556/605; 608646/95 100 . . S. Abdulkhaliq 25301/400; 292783/807 125 ORD. . . S.M. Jehangirmian and S. Abdulkhaliq. Do. Do. The Bank of India Ltd. The Manager, Mangrol. The Bank of India Ltd. Do. 36 18 . . . . S. Abdulkhaliq Do. 75 ORD. . . S.M. Jehangirmian and S. Abdulkhaliq. Do. 10 . . ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 53. Titaghur Paper Mills Ltd. Do. Do. Do. Do. 54. South Madras Electric Supply Corporation Ltd. Do. Do. 55. Bengal Nagpur Cotton Mills Ltd. 56. Howrah Mills Co. Ltd. Do. Do. Do. 53446/545; 285321/420 15357/456 172861/960 7575/624 10027/31 149486/665; 404778/527 21991/22040 46395/484 84751/850; 84951/5050 19351/400; 196701/800 477076/477300 86771/820 478276/478350 200 „A‟ ORD. 100 „B‟ ORD. 100 PREF. ORD. 50 PREF. 5 II PREF. 230 ORD. 50 PREF. 90 II PREF. 200 ORD. 150 ORD. 225 ORD. (Bonus shares). 50 ORD. 75 ORD. (Bonus shares). . . . . . . . . . . . . . . . . . . . . . . . . . . S.M. Jehangirmian and S. Abdulkhaliq. Do. S. Abdulkhaliq Do. Do. Do. Do. Do. Do. S. Abdulkhaliq Do. S.M. Jehangirmian Hamida Begum. Do. The Bank of India Ltd. Do. Do Do. Do. Do. Do. Do. Do. Do. The Company. The Bank of India Ltd. The Company. 30 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 57. Central Bank of India Ltd. Do. 58. Peninsular Plantations Ltd. 59. Auckland Jute Co. Ltd. 60. 7% Debentures. Midland Rubber & Prod. Co. Ltd. 61. 51/2% Debentures. South Madras Electric Supply Corporation Ltd. 62. 3% Conversion Loan—1946 Do. . . . 63. Ahmedabad Electric Co. Ltd. 64. Bengal Nagpur Coal Co. Ltd. 65. Bengal Paper Mills Co. Ltd. Bengal Paper Mills Co. Ltd. 171726/311; 599896/900; 613626/30; 618301/05; 664496/500; 612421/445. 149231/149240 44475/549 75 ORD. (Bonus shares). 31 50 10 (Bonus shares). . . . . S.M. Jehangirmian and S. Abdulkhaliq. Do. The Bank of India Ltd. The Central Bank of India. 28706/55 50 . . Do. The Bank of India Ltd. 4376/80; 6751/60; 8906/10; 8926/30; 9346/50; 12543/47; 14253/72 55 ORD. . . Do. Do. 11/75/82 8/500 4,000 Do. Do. 4405/424 . . 2,000 Do. Do. BY118062 BY118063 1 1 5,000 5,000 S. Abdulkhaliq & S.M. Nasiruddin. Do. Do. Do. Do. 70248/257 10 F.P. . . S.M. Jehangirmian and S. Abdulkhaliq. 991/95; 4320; 6341/60; 6381/400; 11576/600; 12467/70; 18601/25. 100 . . Do. Do. 18464/88 25 ORD. . . Do. Do. . . Do. The Company. ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 66. Budge Budge 3431/35; 4771/75 10 ORD. . . S.M. The Bank Jute Mills Co. Jehangirmian of India Ltd. and S. Ltd. Abdulkhaliq. 67. Bararee Coke 49301/400 100 . . Do. Do. Co. Ltd. ORD. 68. Bharatia 135627/651; 60101/200 125 . . Do. Do. Electric Steel ORD. Co. Ltd. Do. . . 31 . . Do. The (Bonus Company. shares). 69. Cawnpore 32071/70 100 . . Do. The Bank Sugar Works ORD. of India Ltd. Ltd. 70. Champarun 10071/120; 43321/70; 300 . . Do. Do. Sugar Co. Ltd. 136493/692. 71. Connaught 629/32 4 . . S.M. Do. Mills Co. Ltd. Jehangirmian. 72. Central 36371/470 100 . . S.M. Do. Kurkand Coal ORD. Jehangirmian Co. Ltd. & S. Abdulkhaliq. 73. Howard & 296 . . . . 1 . . S.M. Do. Dullough Mills Jehangirmian. Co. Ltd. 74. Indian Rubber 17230/329; 35707/31; 207 . . S. Do. Manufacturing 37660/700; 59186/226. ORD. Abdulkhaliq Co. Ltd. Do. 80829/897 69 ORD. . . S. Do. Abdulkhaliq & S.M. Nasiruddin. 75. Kohinoor Mills 17700/01; 18223/25; 28985 6 . . S. Do. Co. Ltd. Abdulkhaliq Do. 55967/972 6 (Bonus . . Do. The shares). Company. 76. Kumardhubi 191/200; 8236/50 25 PREF. . . S.M. The Bank Engineering Jehangirmian of India Works Ltd. & S. Ltd. Abdulkhaliq. 77. Naihati Jute 8939/48; 12056/60 15 ORD. . . S.M. Do. Mills Co. Ltd. Jehangirmian & Zubeda Siddiqa. 78. Nuddea Mills 128021/045; 6246/270 50 ORD. . . S.M. Do. Co. Ltd. Jehangirmian & S. Abdulkhaliq. 32 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 79. Orient Paper Mills Ltd. 80. Providential Insurance Co. Ltd. 81. Southern Maharatta Spinning & Weaving Co. Ltd. 82. Sirpur Paper Mills Co. Ltd. 83. Samastipur Central Sugar Co. Ltd. 84. West Jamuria Coal Co. Ltd. 85. Lothian Jute Mills Co. Ltd. 86. Tata Iron & Steel Co. Ltd. Do. Do. 169811/910 100 ORD. 26463/64; 45226/29; 49115; 52366/68; 94380/84; 134957/75; 134993/98; 138355; 290603/07. 4764; 6285; 8406; 8425; 9592; 9614; 13368; 13372; 13374/75; 20449; 30161; 30785; 31202; 34736/37; 45346. 142731/80; [1][266228/321; 561677/81; 665153/57; 255981/985; 697858/877; 55459/463; 362782/786; 444073/77; 524390/394; 309863/67; 666146/150; 346034/036; 180550/51; 362467/471; 589172/176. . . S. Abdulkhaliq 1143/52; 1306/15 20 ORD. . . S.M. Jehangirmian & S. Abdulkhaliq. 817; 822; 963; 3505 4 . . S.M. Jehangirmian. 39079/098 20 ORD. . . S.M. Jehangirmian & S. Abdulkhaliq 23801/900 100 . . S. Abdulkhaliq 60501/600 100 . . S.M. Jehangirmian & S. Abdulkhaliq. The Bank of India Ltd. Do. Do. Do. Do. Do. 5866/870 5 ORD. . . Do. Do. 46 ORD. 17 DEFD. 135 II PREF. . . . . . . S.M. Jehangirmian, Mahomed Badruddin & S. Abdulkhaliq. Do. 1[S.M. Jehangirmian & S. Abdulkhaliq.] Do. Do. Do. 1. Subs. by Notification No. S.R.O. 3657, dated 7th December, 1955. 33 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 87. Bombay Electric Supply & Tramway Co. Ltd. Do. 88. Bombay Steam Navigation Co. Ltd. 89. Imperial Bank of India 153465/74; 153870/74; 313498/522; 330966/70; 365320/29; 366980/84; 386646/50; 391967/71; [1][1416206/10]; 434821/25; 510936/40; 592466/70; 482151/155. 18074/98 95 ORD. 25 PREF. . . . . S. Abdulkhaliq Do. The Bank of India Ltd. Do. Do. 3683; 6884; 7061/63 5 ORD. . . S.M. Jehangirmian & S. Abdulkhaliq. 40042/45; 48440; 60625/26 7 F.P. . . Do. Do. 90. Bank of India 4629 [1][7680]; 22397; 30712/16; 55476; 57431; 72214/18; 153784/88. 20 . . Do. Do. 91. Tata Hydro Electric Power Supply Co. Ltd. 92. Kamarhatty Co. Ltd. Do. 93. Patna Electric Supply Co. Ltd. 94. Equitable Coal Co. Ltd. 95. East India Coal Co. Ltd. 166982/91; 56646/55; 68201/05 102533/42; 108851/55; 122839/40; 124851/53; 131459/60; 142049; 142519/20. 7501/10 13390/97 31445/54; 37950/64; 129946/95; 142096/120; 148878/902; 194710/15. 97081/130; 158961/9060; 219110/119; 222404/33; 249824/83; 258269/313. 4186/285; 37151/250; 56406/505; 104236/335. 50 ORD. . . S.M. Jehangirmian, Mahomed Badruddin & S. Abdulkhaliq. 295 ORD. 400 ORD. 10 ORD. 8 (Bonus shares). . . . . S. Abdulkhaliq Do. 131 . . S.M. Jehangirmian & S. Abdulkhaliq. Do. Do. The Company. The Bank of India Ltd. Do. . . S. Abdulkhaliq . . Do. Do. 1. Subs. by Notification No. S.R.O. 3657, dated 7th December, 1955. 34 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 96. Burma Corporation Ltd. 97. Dalhousie Jute Co. Ltd. Do. 98. Burrakur Coal Co. Ltd. Do. 99. Hantapara Tea Co. Ltd. 100. Ledo Tea Co. Ltd. 101. Hasimara Tea Co. Ltd. Do . 102. Agarpara Co. Ltd. 103. Adamjee Jute Mills Ltd. 104. Calcutta Landing & Shipping Co. Ltd. 901376/475; 3112996/3095; 4502624/723; 7718550/649; 7829520/619; 8474250/549; 8487440/539; 9243184/283; 9258984/9083; 10579699/798; 10651930/2029; 10842233/332; 12290328/402; 10210880/904. 5889; 10295/98; 12772/76; 19262/266. . . 143501/600; 294739/838; 307333/57; 339882/906. 8351/4000 1500 . . S.M. Jehangirmian & S. Abdulkhaliq. 15 ORD. 6 (Fully paid). 250 ORD. 50 PREF. . . . . . . . . S.M. Jehangirmian & Hamida Begum. Do. S.M. Jehangirmian & S. Abdulkhaliq. Do. S. Abdulkhaliq The Bank of India Ltd. Do. The Company. The Bank of India Ltd. Do. Do Do. Do. Do. 746/55 10 ORD. . . 2026/30 5 . . S.M. Jehangirmian & S. Abdulkhaliq. 36861/85; 51501/600; 159314/38. 209401/500; 313448/497 150 ORD. 150 ORD. (Bonus shares). . . . . Do. Do. 146456/555; 296456/555 200 ORD. 168661/760 100 ORD. . . Do. Do. . . Do. Do. 11291/390; 50531/630; 57611/10. 300 . . Do. Do. 35 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 105. Indian Copper Corporation Ltd. 106. Associated Advertisers and Printers Ltd. 107. Dunlop Rubber Co. (India) Ltd. Do. 108. India General Navigation and Railway Co. Ltd. 109 Provincial Union Assurance Co. Ltd. 110. Nazira Coal Co. Ltd. 111. Reserve Bank of India 112. New Manbhum Coal Co. Ltd. Do. 113. Katras Jeheriah Coal Co. Ltd. 114. Rangoon Electric Tram & Supply Co. Ltd. 115. Scindia Steam Navigation Co. Ltd. 571345/444; 4641744/93; 911189/238; 1399551/650; 2616810/909; 4081936/2035; 5456740/839; 8034801/900. 208858/882; 1439035/59; 86824/826; 486780/789; 497953/962; 270336; 418042. 700 . . S. Abdulkhaliq 4051/100 50 . . S.M. Jehangirmian & S. Abdulkhaliq. The Bank of India Ltd. Do. Do. Do. 563215/24; 548949/998 66497/501 60 ORD. 5 II PREF. . . . . S. Abdulkhaliq Do. 52402/26 25 ORD. . . Do. Do. 12936/85 50 . . S M. Jehangirmian & S. Abdulkhaliq. Do. 50451/550 100 ORD. . . Do. Do. 156801/5; 201591/5; 242181/95; 248941/5; 259191/5. 17146/95 36965/37014 35 . . S. Abdulkhaliq 50 50 . . . . S.M. Jehangirmian & S. Abdulkhaliq. Do. Do. Do. The Company. The Bank of India Ltd. Do. 8441/45; 23781/800 25 . . S. Abdulkhaliq 243617/716 100 ORD. . . S.M. Jehangirmian & S. Abdulkhaliq. 75 . . Do. Do. 36 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 116. Triton Insurance Co. Ltd. 117. Societe Generale Industrielle De. Chandernagore. 19441/45 5 . . S. Abdulkhaliq 184/188 5 . . S.M. Jehangirmian. The Bank of India Ltd. Do. 118. All interest and dividends remaining unpaid or compensation either in cash or in securities or shares or both in respect to all or any of the above said shares or securities. 119. All Bonus shares, coupons or new shares to the issue or allotment of which the holder became entitled by virtue of the holding of all or any of the above items. (e) Shares, etc., standing in the name of S.M. Nasiruddin, the Shaikh of Mangrol. No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 Rs. 1. Associated . . 100 . . S.M. S.M. Cement Nasiruddin Nasiruddin Companies Ltd. 2. Do. . . 300 . . S.M. Do. Nasiruddin & Ahmedzaman Begum. 3. Indian Iron 2118443/82; 2126904/13; 1,000 . . S.M. Do. & Steel Co. Ltd. 1424565/614; 2035849/72; Nasiruddin. Indian Iron 1152553/62; 1682898/930; & Co. Ltd. 1532614/41; 2112428/32; 2127317/416; 1061862/961; 1407247/79; 1662447/54; 2143011; 1747929; 1391325/30; 1467196/207; 1128617/24; 2117791; 1434629/33; 2118483/84; 2153247/52; 2131840/45; 2111062/64; 1369411/18; 1749757/800; 2519172/221; 1277015/114; 2496818/917; 2127217/316; 531052/76; 531077/101; 1477110/159. 37 ----- No. Description of Investments Distinctive Numbers of Shares and Securities No. Amount In whose name standing In whose custody 1 2 3 4 5 6 7 4. All interest and dividends remaining unpaid or compensation either in cash or in securities or shares or both in respect to all or any of the above said shares or securities. 5. All Bonus shares, coupons or new shares to the issue or allotment of which the holder became entitled by virtue of the holding of all or any of the above items.] PART II (See section 3) (PROPERTIES BELONGING TO THE STATE OF MANVADAR) (a) Government Promissory Notes standing in the name of Khan Shri Gulam Moinuddin Khan, Chief of _Manavadar._ (1) Rs. 2,00,000 . . . Deposited with the Reserve Bank of India (Rs. 50,000 3 per cent. loan of 1865 plus Rs. 1,50,000 3 per cent. loan of 1900-01). (2) Rs. 1,00,000 . . . Security in the special form. (3) Rs. 6,00,000 . . . 3 per cent. loan bearing Nos. 072191 to 072196. (4) Rs. 3,00,000 . . . 4 per cent. 1960-70 loan bearing Nos. BY 036292 to BY 036303. (5) Rs. 1,00,000 . . . 4 per cent. 1960-70. (6) Rs. 50,000 . . . . 21/2 per cent. in the custody of the Manager of Manavadar. (7) Rs. 1,00,000 . . . 3 per cent in the custody of the Manager of Manavadar. (b) Fixed Deposit and Savings Bank Account standing at the Bank of India Ltd., Rajkot, in the name of the _Begum Sahiban Fatma (since deceased), mother of the Chief of Manavadar._ Rs. A. P. 1. Fixed Deposit Receipt No. F/12-2, dated 5-1-1943 . . . . 10,799 5 0 2. Savings Bank Account No. 563, dated 7-6-1944 . . . . . 2,282 13 0 Total. . . 13,082 2 0 38 ----- (c) Fixed Deposit Receipts of the Imperial Bank of India, Rajkot, standing in the name of the Begum _Sahiban Fatma (since deceased), mother of the Chief of Manavadar._ Rs. A. P. Fixed Deposit Receipt No. B. 56934, dated 13-6-1942 . . . . . . 3,655 8 0 Fixed Deposit Receipt No. B. 56941, dated 21-7-1942 . . . . . . 2,688 12 0 Fixed Deposit Receipt No. B. 56942, dated 21-7-1942 . . . . . . 4,033 3 0 Fixed Deposit Receipt No. B. 56943, dated 21-7-1942 . . . . . . 4,033 3 0 Fixed Deposit Receipt No. B. 56957, dated 1-9-1942 . . . . . . 5,687 15 0 Fixed Deposit Receipt No. B. 56972, dated 14-10-1942 . . . . . . 5,325 12 0 Fixed Deposit Receipt No. B. 57007, dated 26-1-1943 . . . . . . 1,782 4 2 Fixed Deposit Receipt No. B. 57015, dated 12-2-1943 . . . . . . 4,133 11 0 Total . . . 31,340 4 2 1[(d) Shares of the Cawnpore Tannery Limited, Cawnpore, standing in the name of Khan Shri Gulam _Moinuddin Khan, Chief of Manavadar_ No. Description of Investments 1. Cumulative preference shares of Cawnpore Tannery Ltd., Cawnpore Distinctive Numbers of Shares and Securities 4011-4020 10 1,000 Khan Shri Gulam Moinuddin Khan No. of Shares Amount In whose name standing In whose custody Collector, Sorath District. 2. Do. 4021-4030 10 1,000 Do. Do. 3. Do. 4031-4040 10 1,000 Do. Do. 4. Do. 4041-4050 10 1,000 Do. Do.] 1. Ins. by Notification No. S.R.O. 397, dated 16th March, 1951. 39 ----- 1[(e) Amounts standing in the name of Khan Shri Gulam Moinuddin Khan Chief of Manavadar and Abdul _Kadir P. Quraishi, Private Secretary to the Chief of Manavadar, [2][with the Habib Bank Limited, Bantwa.]_ Rs. A. P. 1. Khan Shri Gulam Moinuddin Khan, Chief of Manavadar . . . . . 4,57,564 11 3 2. Abdulkadir P. Quraishi. Private Secretary to the Chief of Manavadar . . 1,897 10 0 Total . . . 459,462 5 3 NOTE.—The above amounts have been deposited with the Imperial Bank of India, Rajkot in the joint account of Messrs. Habib Bank Ltd. and the Regional Commissioner for Saurashtra. Rajkot.] 3[(f) Amount standing in the name of Treasury Officer, Manavadar in current account with the Imperial Bank of India, Rajkot . . . . . . . . . Rs. 4,909-9-0] 4[(g) Five shares of the Reserve Bank of India Nos. 280896-0900 standing in the name of Bai Fatima Siddika Begum (deceased), mother of ex-Chief of Manavadar.] 5[(h) Five National Savings Certificates worth Rs. 5,000 bearing Nos. EO/241485 to 241489 issued in favour of Mohmad Zamankhan (minor) of Manavadar.]] 1. Ins. by Notification No. S.R.O. 1127, dated the 7th April, 1954. 2. Subs. by Notification No. GSR. 635, dated the 28th April, 1961. 3. Ins. by Notification No. S.R.O. 3657, dated the 7th December, 1955. 4. Ins. by Notification No. S.R.O. 1032, dated the 29th March, 1957. 5. Ins. by Notification No. S.R.O. 1065, dated the 22nd August, 1951. 40 -----

16-Feb-1949

07

The Scheduled Securities (Hyderabad) Act,1949

https://www.indiacode.nic.in/bitstream/123456789/18940/1/a1949-7.pdf

central

# THE SCHEDULED SECURITIES (HYDERABAD) ACT, 1949 ________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title. 2. Definitions. 3. Title to scheduled security not affected by previous transfers. 4. Issue of duplicate securities. 5. Bar of jurisdiction. 6. Protection of action taken in good faith. 7. Repeal of Ordinance XXXVII of 1948. THE SCHEDULE. 1 ----- THE SCHEDULED SECURITIES (HYDERABAD) ACT, 1949 # ACT NO. 7 OF 1949 [16th February, 1949.] An Act to provide for the control of the transfer of certain securities and for the issue of duplicate securities in respect thereof # WHEREAS it is expedient to provide for the control of the transfer of certain securities and for the issue of duplicate securities in respect thereof; It is hereby enacted as follows: — **1. Short title. — This Act may be called the Scheduled Securities (Hyderabad) Act,1949.** **2. Definitions. — In this Act, —** (i) “Bank” means the Reserve Bank of India; (ii) “scheduled security” means any Government security, specified in the Schedule to this Act, but does not include any duplicate security issued under the provisions of section 4; (iii) “transfer”, in relation to a scheduled security, includes the transfer of any interest in the scheduled security. **3.** **Title to scheduled security not affected by previous transfers.—The Bank shall not, without the** approval in writing of the Central Government, recognize for any purpose any transfer of a scheduled security otherwise than to the Government of Hyderabad made or purported to have been made before the 31[st] day of December, 1948, and notwithstanding any transfer so made or purported to have been so made and notwithstanding anything contained in any law for the time being in force, the scheduled security shall be deemed to be, and always to have been, vested in the Government of Hyderabad. **4. Issue of duplicate securities.—(1) Notwithstanding anything contained in any law for the time being** in force, the Bank shall issue to the Government of Hyderabad duplicate securities payable to that Government in lieu of the scheduled securities as if such securities had been lost, and such duplicate securities shall have the same effect as if they had been issued under section 11 of the Public Debt (Central Government) Act, 1944 (XVIII of 1944). (2) On the issue of duplicate securities under sub-section (1), all rights of remedies vested in or enforceable by any person in respect of the scheduled securities, in lieu of which such duplicate securities have been issued, shall be deemed to be extinguished. (3) The Bank shall impound all scheduled securities which are or have been presented to it and cancel the same. **5. Bar of jurisdiction. — No suit or other legal proceeding for the enforcement of any rights or remedies** in respect of any scheduled security shall be instituted in any Court save with the previous consent of the Central Government. **6. Protection of action taken in good faith. — No suit, prosecution or other legal proceeding shall lie** against the Central Government, the Bank or any person for anything done or intended to be done in good faith in pursuance of the provisions of this Act. **7. Repeal of Ordinance XXXVII of 1948. — (1) The Scheduled Securities (Hyderabad) Ordinances,** 1948 (XXXVII of 1948), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act had commenced on the 31[st] day of December,1948. 2 ----- # THE SCHEDULE [See section 2(ii)] # SCHEDULED SECURITIES Serial Denomination, form and number of Security Amount No. 1. 3% Funding Loan, 1966—68— Rs. Stock Certificate Nos. BY 0021-3 (3 X 50,00,000) 1,50,00,000 Do. No. BY 0034 50,00,000 Do. Nos. BY 0087-93 (7 X 50,00,000) 3,50,00,000 Do. Nos. BY 0095-99 (5 X 50,00,000) 2,50,00,000 Do. No. BY 0158 50,00,000 Do. No. BY 0137 30,00,000 Do. Nos. BY 0125-6 (2 X 10,00,000) 20,00,000 Do. No. BY 0148 25,00,000 Do. Nos. BY 0160-2 (3 X 25,00,000) 75,00,000 2. 3% First Development Loan,1970—75— Stock Certificate Nos. BY 1084-92 ( 9 X 5,00,000) 45,00,000 Do. Nos. BY 1185-95 (11 X 5,00,000) 55,00,000 Do. Nos. BY 0754-73 (20 X 5,00,000) 1,00,00,000 Do. Nos. BY 0892-4 (3 X 5,00,000) 15,00,000 Do. Nos. BY 0895-906 (12 X 5,00,000) 60,00,000 Do. Nos. BY 1072-7 ( 6 X 5,00,000) 30,00,000 Do. Nos. BY 1214-21 (8 X 5,00,000) 40,00,000 Do. Nos. BY 1236-9 (4 X 5,00,000) 20,00,000 Do. Nos. BY 1246-53 (8 X 5,00,000) 40,00,000 Do. Nos. BY 1283-91 (9 X 5,00,000) 45,00,000 Do. No. BY 1339 5,00,000 Do. Nos. BY 1364-7 (4 X 5,00,000) 20,00,000 Do. Nos. BY 1393-4 (2 X 5,00,000) 10,00,000 Do. Nos. BY 1396-402 (7 X 5,00,000) 35,00,000 Do. Nos. BY 1419-21 (3 X 5,00,000) 15,00,000 Do. Nos. BY 1433-40 (8 X 5,00,000) 40,00,000 Do. Nos. BY 1442-5 (4 X 5,00,000) 20,00,000 Do. Nos. BY 1467-9 (3 X 5,00,000) 15,00,000 Do. Nos. BY 1477-81 (5 X 5,00,000) 25,00,000 Do. Nos. BY 1503-4 (2X 5,00,000) 10,00,000 Do. No. BY 1506 5,00,000 Do. Nos. BY 1508-59 (52 X 5,00,000) 2,60,00,000 Do. Nos. BY 1568-78 (11 X 5,00,000) 55,00,000 Do. Nos. BY 1581-5 (5 X 5,00,000) 25,00,000 Do. No. BY 1593 5,00,000 Do. No. BY 1245 2,00,000 Do. No. BY 1213 3,00,000 --------------- Total 20,00,00,000 --------------- 3 -----

17-Feb-1949

08

The Seaward Artillery Practice Act, 1949

https://www.indiacode.nic.in/bitstream/123456789/2437/1/AAA1949____08.pdf

central

# THE SEAWARD ARTILLERY PRACTICE ACT, 1949 _________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title, extent and application. 2. Interpretation. 3. Power of Central Government to authorise seaward artillery practice. 3A. Power to delegate. 4. Powers exercisable for purposes of seaward artillery practice. 5. Compensation. 6. Method of assessing compensation. 7. Offences. 8. Protection of action taken under this Act. 9. Power to make rules. 1 ----- # THE SEAWARD ARTILLERY PRACTICE ACT, 1949 ACT NO. 8 OF 1949[1] [17th February, 1949.] # An Act to provide facilities for carrying out seaward artillery practice. WHEREAS it is expedient to provide facilities for carrying out seaward artillery practice; It is hereby enacted as follows:— **1. Short title, extent and application.—(1) This Act may be called the Seaward Artillery Practice** Act, 1949. (2) It extends to all the States [2]* * * which have a sea coast and applies also to, and to persons on, any vessel which is registered in India or which belongs to any person domiciled in India, wherever it may be. **2. Interpretation.—(1) In this Act, unless there is anything repugnant in the subject or context,—** (a) “notified area” means any part of the area of the sea and the shores adjoining that area which may be specified in this behalf by notification under section 3; (b) “prescribed” means prescribed by rules made under this Act; (c) “seaward artillery practice” means artillery practice or coastal firing towards the sea, whether within or beyond the territorial waters and includes air armament practice; (d) “vessel” includes any ship, boat, country craft or any other description of vessel. 3* * * * * 4[3. Power of Central Government to authorise seaward artillery practice.—(1) The Central Government may, by notification in the Official Gazette, authorise the carrying out of seaward artillery practice over such area and during such period or periods as may be specified in the notification: Provided that there shall be an interval of at least fourteen days between the date of publication of such notification in the Official Gazette and the date of carrying out of seaward artillery practice. (2) The Central Government shall, as soon as may be, after the publication of a notification under sub-section (1), cause the substance thereof to be published— (a) in some newspaper circulating in, and in the language commonly understood in, the area specified in the notification; and (b) in such other manner as may be prescribed. (3) If any question arises whether the substance of a notification under sub-section (1) was published as required by sub-section (2), a certificate by the Collector of the district in which the notified area is situate that the substance of the notification was so published, shall be conclusive. **3A. Power to delegate.—The Central Government may, by notification in the Official Gazette, direct** that the power to issue notification under section 3 shall, subject to such conditions, if any, as may be specified in the notification, be exercisable also by such State Government as may be specified therein.] **4. Powers exercisable for purposes of seaward artillery practice.—(1) After a notification under** sub-section (1) of section 3 has been issued, such persons as are included in the forces engaged in seaward artillery practice may within the notified area and during the period or periods specified in the notification— 1. This Act has been extended to— Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and the Schedule (w.e.f. 31-1-1963) and comes into force in Pondicherry vide Reg. 7 of 1963, s. 3 and Schedule I (w.e.f. 1-10-1963). The whole of the Union territory of Lakshadweep vide Reg. 8 of 1965, s. 3 and the Schedule (w.e.f. 1-10-1967). 2. The words “and Acceding States of India” omitted by the A.O. 1950. 3. Omitted by the Adaptation of Laws (No. 3) Order, 1956. 4. Subs. by Act 3 of 1973, s. 2, for section 3 (w.e.f. 21-1-1978). 2 ----- (a) give directions prohibiting or restricting the use of the notified area or any part thereof including the use of any part of the area of the sea by any vessel, and take such further measures as may be necessary to ensure that no unauthorised person enters, passes over or remains in the notified area or part thereof, as the case may be, during such practice, and (b) carry out seaward artillery practice with lethal missiles. (2) The Officer Commanding the forces engaged in any such practice may declare any portion of the notified area to be a danger zone, and thereupon the Collector shall, on application made to him by the Officer Commanding the forces engaged in the practice, prohibit the entry into and secure, with the assistance of the naval or military authorities concerned, the removal from such danger zone of any person, property or vessel during the times when the discharge of lethal missiles is taking place or there is danger to life or property. **5. Compensation.—Where by reason of a notification issued under section 3 the carrying out of** seaward artillery practice is authorised in any notified area, compensation shall be payable for any damage to person or property or interference with rights or privileges arising from such practice, including expenses reasonably incurred in protecting person, property, rights or privileges. **6. Method of assessing compensation.—(1) For the purpose of determining the amount of any** compensation payable under section 5, the Collector of the district in which any notified area is situate shall depute one or more Revenue Officers to accompany the forces engaged in the practice. (2) The Revenue Officer so deputed shall consider all claims for compensation under section 5 and determine, on local investigation and after affording the claimant an opportunity of being heard, the amount of compensation, if any, which shall be awarded in each case; and shall disburse on the spot to the claimant compensation so determined as payable. (3) Compensation payable under sub-section (2) shall include compensation for the removal from any portion of a notified area declared to be a danger zone of any person, property or vessel and for any damage sustained in the course of any such removal. The compensation for removal will be disbursed on the spot at not less than the minimum prescribed rates before the removal is enforced. (4) Any claimant dissatisfied with the refusal of the Revenue Officer to award him compensation or with the amount of compensation awarded to him by the Revenue Officer, may, at any time within one month of the communication to him of the decision of the Revenue Officer, prefer an appeal to the Collector against the decision. (5) The decision of the Collector on such appeal shall be final and no suit shall lie in any civil Court in respect of any matter decided by the Collector under this section. (6) No fee shall be charged in connection with any claim, notice, appeal, application or document filed before the Revenue Officer or the Collector under this section. **7. Offences.—If within a notified area and during any period specified in a notification issued under** sub-section (1) of section 3, any person— (a) wilfully obstructs or interferes with the carrying out of seaward artillery practice, or (b) without due authority enters or remains in any camp, or (c) without due authority enters or remains in any area declared to be a danger zone at a time when entry thereto is prohibited, or (d) without due authority interferes with any flag or mark or target or buoy or any apparatus used for the purposes of seaward artillery practice, shall be punishable with fine which may extend to twenty rupees or with imprisonment which may extend to fifteen days, or with both. **8. Protection of action taken under this Act.—(1) No suit, prosecution or other legal proceeding** shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. 3 ----- (2) Except as otherwise provided in this Act, no suit or other legal proceeding shall lie against the Central Government or the State Government in respect of any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. 1[9.Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules for giving effect to the provisions of this Act and different rules may be made for different States or for different areas thereof. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner in which the substance of a notification under section 3 may be published; (b) regulating the use under this Act of the notified area for seaward artillery practice in such manner as to secure the public against danger, and to enable the practice to be carried out with the minimum inconvenience to the inhabitants of the area affected; (c) the minimum rates at which compensation shall be payable under sub-section (3) of section 6, and generally regarding the making of claims for compensation, the procedure to be followed by the authorities granting the compensation, the expeditious settlement of claims and the filling of appeals from original awards of compensation; (d) the principles to be followed in assessing the amount of compensation to be awarded under this Act; (e) any other matter which is required to be, or may be, prescribed. (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 1. Subs. by Act 3 of 1973, s. 3, for section 9 (w.e.f. 21-1-1978). 4 -----

10-Mar-1949

10

The Banking Regulation Act, 1949

https://www.indiacode.nic.in/bitstream/123456789/1885/1/A194910.pdf

central

# THE BANKING REGULATION ACT, 1949 __________ ARRANGEMENT OF SECTIONS ____________ PART I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Application of other laws not barred. 3. Act not to apply to certain co-operative societies. 4. Power to suspend operation of Act. 5. Interpretation. 5A. Act to override memorandum, articles, etc. PART II BUSINESS OF BANKING COMPANIES 6. Form of business in which banking companies may engage. 7. Use of words “bank”, “banker”, “banking” or “banking company”. 8. Prohibition of trading. 9. Disposal of non-banking assets. 10. Prohibition of employment of managing agents and restrictions on certain forms of employment. 10A. Board of directors to include persons with professional or other experience. 10B. Banking company to be managed by whole time chairman. 10BB. Power of Reserve Bank to appoint chairman of the Board of directors appointed on a whole-time basis or a managing director of a banking company. 10C. Chairman and certain directors not to be required to hold qualification shares. 10D. Provisions of sections 10A and 10B to override all other laws, contracts, etc. 11. Requirement as to minimum paid-up capital and reserves. 12. Regulation of paid-up capital, subscribed capital and authorised capital and voting rights of shareholders. 12A. Election of new directors. 12B. Regulation of acquisition of shares or voting rights. 13. Restriction on commission, brokerage, discount, etc., on sale of shares. 14. Prohibition of charge on unpaid capital. 14A. Prohibition of floating charge on assets. 15. Restrictions as to payment of dividend. 16. Prohibition of common directors. 17. Reserve Fund. 1 ----- SECTIONS 18. Cash reserve. 19. Restriction on nature of subsidiary companies. 20. Restrictions on loans and advances. 20A. Restrictions on power to remit debts. 21. Power of Reserve Bank to control advances by banking companies. 21A. Rates of interest charged by banking companies not to be subject to scrutiny by courts. 22. Licensing of banking companies. 23. Restrictions on opening of new, and transfer of existing, places of business. 24. Maintenance of a percentage of assets. 25. Assets in India. 26. Return of unclaimed deposits. 26A. Establishment of Depositor Education and Awareness Fund. 27. Monthly returns and power to call for other returns and information. 28. Power to publish information. 29. Accounts and balance-sheet. 29A. Power in respect of associate enterprises. 30. Audit. 31. Submission of returns. 32. Copies of balance-sheets and accounts to be sent to registrar. 33. Display of audited balance-sheet by companies incorporated outside India. 34. Accounting provision of this Act not retrospective. 34A. Production of documents of confidential nature. 35. Inspection. 35A. Power of the Reserve Bank to give directions. 35B. Amendments of provisions relating to appointments of managing directors, etc., to be subject to previous approval of the Reserve Bank. 36. Further powers and functions of Reserve Bank. 36A. Certain provisions of the Act not to apply to certain banking companies. PART IIA CONTROL OVER MANAGEMENT 36AA. Power of Reserve Bank to remove managerial and other persons from office. 36AB. Power of Reserve Bank to appoint additional directors. 36AC. Part IIA to override other laws. 2 ----- PART IIAB SUPERSESSION OF BOARD OF DIRECTORS OF BANKING COMPANY SECTIONS 36ACA. Supersession of Board of Directors in certain cases. PART IIB PROHIBITION OF CERTAIN ACTIVITIES IN RELATION TO BANKING COMPANIES 36AD. Punishments for certain activities in relation to banking companies. PART IIC ACQUISITION OF THE UNDERTAKINGS OF BANKING COMPANIES IN CERTAIN CASES 36AE. Power of Central Government to acquire undertakings of banking companies in certain cases. 36AF. Power of the Central Government to make scheme. 36AG. Compensation to be given to shareholders of the acquired bank. 36AH. Constitution of the Tribunal. 36AI. Tribunal to have powers of a civil court. 36AJ. Procedure of the Tribunal. PART III SUSPENSION OF BUSINESS AND WINDING UP OF BANKING COMPANIES 36B. High Court defined. 37. Suspension of business. 38. Winding up by High Court. 38A. Court liquidator. 39. Reserve Bank to be official liquidator. 39A. Application of Companies Act to liquidators. 40. Stay of proceedings. 41. Preliminary report by official liquidator. 41A. Notice to preferential claimants and secured and unsecured creditors. 42. Power to dispense with meetings of creditors, etc. 43. Booked depositors' credits to be deemed proved. 43A. Preferential payments to depositors. 44. Powers of High Court in voluntary winding up. 44A. Procedure for amalgamation of banking companies. 44B. Restriction on compromise or arrangement between banking company and creditors. 45. Power of Reserve Bank to apply to Central Government for suspension of business by a banking company and to prepare scheme of reconstitution or amalgamation. 3 ----- PART IIIA SPECIAL PROVISIONS FOR SPEEDY DISPOSAL OF WINDING UP PROCEEDINGS SECTIONS 45A. Part IIIA to override other laws. 45B. Power of High Court to decide all claims in respect of banking companies. 45C. Transfer of pending proceedings. 45D. Settlement of list of debtors. 45E. Special provisions to make calls on contributories. 45F. Documents of banking company to be evidence. 45G. Public examination of directors and auditors. 45H. Special provisions for assessing damages against delinquent directors, etc. 45-I. Duty of directors and officers of banking company to assist in the realisation of property. 45J. Special provisions for punishing offences in relation to banking companies being wound up. 45K. [Omitted.]. 45L. Public examination of directors and auditors, etc., in respect of a banking company under schemes of arrangement. 45M. Special provisions for banking companies working under schemes of arrangement at the commencement of the Amendment Act. 45N. Appeals. 45-O. Special period of limitation. 45P. Reserve Bank to tender advice in winding up proceedings. 45Q. Power to Inspect. 45R. Power to call for returns and information. 45S. Chief Presidency Magistrate and District Magistrate to assist official liquidator in taking charge of property of banking company being wound up. 45T. Enforcement of orders and decisions of High Court. 45U. Power of High Court to make rules. 45V. References to directors, etc., shall be construed as including references to past directors, etc. 45W. Part II not to apply to banking companies being wound up. 45X. Validation of certain proceedings. PART IIIB PROVISIONS RELATING TO CERTAIN OPERATIONS OF BANKING COMPANIES 45Y. Power of Central Government to make rules for the preservation of records. 45Z. Return of paid instruments to customers. 45ZA. Nomination for payment of depositors' money. 45ZB. Notice of claims of other persons regarding deposits not receivable. 45ZC. Nomination for return of articles kept in safe custody with banking company. 4 ----- SECTIONS 45ZD. Notice of claims of other persons regarding articles not receivable. 45ZE. Release of contents of safety lockers. 45ZF. Notice of claims of other persons regarding safety lockers not receivable. PART IV MISCELLANEOUS 46. Penalties. 46A. Chairman, director, etc., to be public servants for the purposes of Chapter IX of the Indian Penal Code. 47. Cognizance of offences. 47A. Power of Reserve Bank to impose penalty. 48. Application of fines. 49. Special provisions for private banking companies. 49A. Restriction on acceptance of deposits withdrawable by cheque. 49B. Change of name by a banking company. 49C. Alteration of memorandum of a banking company. 50. Certain claims for compensation barred. 51. Application of certain provisions to the State Bank of India and other notified banks. 51A. Powers of Reserve Bank not to apply to International Financial Services Centre. 52. Power of Central Government to make rules. 53. Power to exempt in certain cases. 54. Protection of action taken under Act. 55. Amendment of Act 2 of 1934. 55A. Power to remove difficulties. PART V APPLICATION OF THE ACT TO CO-OPERATIVE BANKS 56. Act to apply to co-operative societies subject to modifications. THE FIRST SCHEDULE THE SECOND SCHEDULE. THE THIRD SCHEDULE. THE FOURTH SCHEDULE. THE FIFTH SCHEDULE. 5 ----- # THE BANKING REGULATION ACT, 1949 ACT NO. 10 OF 1949[1] An Act to consolidate and amend the law relating to banking [2]***. [10th March, 1949.] WHEREAS it is expedient to consolidate and amend the law relating to banking [2]***; It is hereby enacted as follows:— PART I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Banking [3][Regulation]** Act, 1949. 4[(2) It extends to the whole of India 5***.] (3) It shall come into force on such date[6] as the Central Government may, by notification in the Official Gazette, appoint in this behalf. **2. Application of other laws not barred.—The provisions of this Act shall be in addition to, and** not, save as hereinafter expressly provided, in derogation of the [7][Companies Act, 1956 (1 of 1956)], any other law for the time being in force. 8[3. Act not to apply to certain co-operative societies.—Notwithstanding anything contained in the National Bank for Agriculture and Rural Development Act, 1981 (61 of 1981), this Act shall not apply to— (a) a primary agricultural credit society; or (b) a co-operative society whose primary object and principal business is providing of long term finance for agricultural development, if such society does not use as part of its name, or in connection with its business, the words “bank”, “banker” or “banking” and does not act as drawee of cheques.] **4. Power to suspend operation of Act.—(1) The Central Government, if on a representation made** by the Reserve Bank in this behalf is satisfied that it is expedient so to do, may by notification in the Official Gazette, suspend for such period, not exceeding sixty days, as may be specified in the notification, the operation of all or any of the provisions of this Act, either generally or in relation to any specified banking company. (2) In a case of special emergency, the Governor of the Reserve Bank, or in his absence a Deputy Governor of the Reserve Bank nominated by him in this behalf may, by order in writing, exercise the powers of the Central Government under sub-section (1) so however that the period of suspension shall not exceed thirty days, and where the Governor or the Deputy Governor, as the case may be, does so, he shall report the matter to the Central Government forthwith, and the order shall, as soon as may be, be published in the Gazette of India. 1. For statement of Objects and Reasons, see Gazette of India, 1948, Part V, pp. 311 and 312; for Report of Select Committee, _see ibid., 1949. Part V. pp. 45 to 48. Extended to Dadra and Nagar Haveli by Regulation 6 of 1963, section 2 and Schedule I_ (w.e.f. 1-7-1965) and to Goa, Daman and Diu by Regulation 11 of 1963, section 3 and Schedule (w.e.f. 1-2-1965). Nothing in this Act (except section 34A) shall apply to the Industrial Development Bank of India, _vide Act 18 of 1964,_ section 34. 2. The word “companies” omitted by Act 23 of 1965, s. 10 (w.e.f. 1-3-1966). 3. Subs. by s. 11, ibid., for “Companies” (w.e.f. 1-3-1966). 4. Subs. by Act 20 of 1950, s. 2, for sub-section (2) (w.e.f. 18-3-1950). 5. The words “except the State of Jammu and Kashmir” omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956). 6. 16th March, 1949, see Notification No. F. 4 (46)-FI/49, dated the 10th March, 1949, Gazette of India, 1949, Part I. 7. Subs. by Act 95 of 1956, s. 14 and the Schedule, for “Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 14-1-1957). 8. Subs. by Act 39 of 2020, s. 2, for section 3 (w.e.f. 26-6-2020). 6 ----- (3) The Central Government may, by notification in the Official Gazette, extend from time to time the period of any suspension ordered under sub-section (1) or sub-section (2) for such period, not exceeding sixty days at any one time, as it thinks fit so however that the total period does not exceed one year. (4) A copy of any notification issued under sub-section (3) shall be laid on the table of [1][Parliament] as soon as may be after it is issued. **5. Interpretation.—[2][In this Act], unless there is anything repugnant in the subject or context,—** 3[(a) “approved securities” means the securities issued by the Central Government or any State Government or such other securities as may be specified by the Reserve Bank from time to time.] (b) “banking” means the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise; (c) “banking company” means any company which transacts the business of banking 4[in India]; _Explanation.—Any company which is engaged in the manufacture of goods or carries on any_ trade and which accepts deposits of money from the public merely for the purpose of financing its business as such manufacturer or trader shall not be deemed to transact the business of banking within the meaning of this clause; 5[(ca) “banking policy” means any policy which is specified from time to time by the Reserve Bank in the interest of the banking system or in the interest of monetary stability or sound economic growth, having due regard to the interests of the depositors, the volume of deposits and other resources of the bank and the need for equitable allocation and the efficient use of these deposits and resources;] 6[(cc) “branch” or “branch office”, in relation to a banking company, means any branch or branch office, whether called a pay office or sub-pay office or by any other name, at which deposits are received, cheques cashed or moneys lent, and for the purposes of section 35 includes any place of business where any other form of business referred to in sub-section (1) of section 6 is transacted;] 7[(d) “company” means any company as defined in section 3 of the Companies Act, 1956 (1 of 1956); and includes foreign company within the meaning of section 591 of that Act;] 8[(da) “corresponding new bank” means a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), or under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980);] 9* - - - 1. Subs. by the A.O. 1950, for “the Dominion Legislature”. 2. Subs. by Act 55 of 1963, s. 6, for “(1) In this Act” (w.e.f. 1-2-1964). 3. Subs. by Act 4 of 2013, s. 2 (w.e.f. 18-1-2013). 4. Subs. by Act 20 of 1950, s. 3, for “in any State”. 5. Ins. by Act 58 of 1968, s. 2 (w.e.f. 1-2-1969). 6. Ins. by Act 33 of 1959, s. 2 (w.e.f. 1-10-1959). 7. Subs. by s. 2, ibid., for clause (d) (w.e.f. 1-10-1959). 8. Ins. by Act 1 of 1984, s. 13 (w.e.f. 15-2-1984). 9. Clause (e) omitted by Act 52 of 1953, s. 2 (w.e.f. 30-12-1953). 7 ----- (f) “demand liabilities” means liabilities which must be met on demand, and “time liabilities” means liabilities which are not demand liabilities; 1[(ff) “Deposit Insurance Corporation” means the Deposit Insurance Corporation established under section 3 of the Deposit Insurance Corporation Act, 1961 (47 of 1961);] 2[ 3* - - - (ffb) “Exim Bank” means the Export-Import Bank of India established under section 3 of the Export-Import Bank of India Act, 1981 (28 of 1981);] 4[(ffc) “Reconstruction Bank” means the Industrial Reconstruction Bank of India established under Section 3 of the Industrial Reconstruction Bank of India Act, 1984 (62 of 1984);] 5[(ffd) “National Housing Bank” means the National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53 of 1987);] (g) “gold” includes gold in the form of coin, whether legal tender or not, or in the form of bullion or ingot, whether refined or not; 6[(gg) “managing agent” includes,— (i) secretaries and treasurers, (ii) where the managing agent is a company, any director of such company, and any member thereof who holds substantial interest in such company, (iii) where the managing agent is a firm, any partner of such firm;] 7[(h) “managing director”, in relation to a banking company, means a director who, by virtue of an agreement with the banking company or of a resolution passed by the banking company in general meeting or by its Board of directors or, by virtue of its memorandum or articles of association, is entrusted with the management of the whole, or substantially the whole of the affairs of the company, and includes a director occupying the position of a managing director, by whatever name called:] 8[Provided that the managing director shall exercise his powers subject to the superintendence, control and direction of the Board of directors.] 9[(ha) “National Bank” means the National Bank for Agriculture and Rural Development established under section 3 of the National Bank for Agriculture and Rural Development Act, 1981 (61 of 1981);] 10[(hb) “National Bank for financing Infrastructure and Development” means the Institution established under section 3 of the National Bank for Financing Infrastructure and Development Act, 2021; (hc) “other development financial institution” means a development financial institution licensed under section 29 of the National Bank for Financing Infrastructure and Development Act, 2021;] 11* - - - (j) “prescribed” means prescribed by rules made under this Act; 9[(ja) “regional rural bank” means a regional rural bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976);] 1. Ins. by Act 47 of 1961, s. 51 and the Second Schedule, Part II (w.e.f. 1-1-1962). 2. Ins. by Act 1 of 1984, s. 13 (w.e.f. 15-2-1984). 3. Omitted by Act 53 of 2003, s. 12 and Schedule, Part II (w.e.f. 2-7-2004). 4. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985). 5. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988). 6. Ins. by Act 58 of 1968, s. 2 (w.e.f. 1-2-1969). 7. Subs. by Act 33 of 1959, s. 2, for clause (h) (w.e.f. 1-10-1959). 8. Added by Act 58 of 1968, s. 2 (w.e.f. 1-2-1969). 9. Ins. by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 1-5-1982). 10. Ins. by Act 17 of 2021, s. 48 and the third Schedule (w.e.f. 19-4-2021). 11. Omitted by Act 33 of 1959, s. 2 (w.e.f. 1-10-1959). 8 ----- 1* - - - 2[(l) “Reserve Bank” means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934):] 1* - - - (n) “secured loan or advance” means a loan or advance made on the security of assets the market value of which is not at any time less than the amount of such loan or advance; and “unsecured loan or advance” means a loan or advance not so secured; 3[(ni) “Small Industries Bank” means the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India Act, 1989 (39 of 1989);] 4[(na) “small-scale industrial concern” mean an industrial concern in which the investment in plant and machinery is not in excess of seven and a half lakhs of rupees or such higher amount, not exceeding twenty lakhs of rupees, as the Central Government may, by notification in the Official Gazette, specify in this behalf, having regard to the trends in industrial development and other relevant factors; 5[(nb) “Sponsor Bank” has the meaning assigned to it in the Regional Rural Banks Act, 1976 (21 of 1976) : (nc) “State Bank of India” means the State Bank of India constituted under section 3 of the State Bank of India Act, 1955 (23 of 1955);] 6[(nd)] “subsidiary bank” has the meaning assigned to it in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959); 7[(ne)] “substantial interest”,— (i) in relation to a company, means the holding of a beneficial interest by an individual or his spouse or minor child, whether singly or taken together in the shares thereof, the amount paid-up on which exceeds five lakhs of rupees or ten per cent. of the paid-up capital of the company, whichever is less; (ii) in relation to a firm, means the beneficial interest held therein by an individual or his spouse or minor child, whether singly or taken together, which represents more than ten per cent. of the total capital subscribed by all the partners of the said firm;] 8[(o) all other words and expressions used herein but not defined and defined in the Companies Act, 1956 (1 of 1956), shall have the meanings respectively assigned to them in that Act.] 9* - - - 10[5A. Act to override memorandum, articles, etc.—Save as otherwise expressly provided in this Act,— (a) the provisions of this Act shall have effect notwithstanding anything to the contrary contained in the memorandum or articles of a banking company, or in any agreement executed by it, or in any resolution passed by the banking company in general meeting or by its Board of 1. Omitted by Act 33 of 1959, s. 2 (w.e.f. 1-10-1959). 2. Subs. by Act 1 of 1984, s. 13, for clause (l) (w.e.f. 15-2-1984). 3. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (w.e.f. 25-10-1989). 4. Ins. by Act 58 of 1968, s. 2 (w.e.f. 1-2-1969). 5. Ins. by Act 1 of 1984, s. 13, (w.e.f. 15-2-1984). 6. Clause (nb) re-lettered as clause (nd) by Act 1 of 1984, s. 13 (w.e.f. 15-2-1984). 7. Clause (nc) re-lettered as clause (ne) by s. 13, ibid. (w.e.f. 15-2-1984). 8. Ins. by Act 33 of 1959, s. 2 (w.e.f. 1-10-1959). 9. Omitted by the A.O. 1950. 10. Ins. by Act 33 of 1959, s. 3 (w.e.f. 1-10-1959). 9 ----- Directors, whether the same be registered, executed or passed, as the case may be, before or after the commencement of the Banking Companies (Amendment) Act, 1959 (33 of 1959); and (b) any provision contained in the memorandum, articles, agreement or resolution aforesaid shall, to the extent to which it is repugnant to the provisions of this Act, become or be void, as the case may be.] PART II BUSINESS OF BANKING COMPANIES **6. Forms of business in which banking companies may engage.—(1) In addition to the business** of banking, a banking company may engage in any one or more of the following forms of business, namely:— (a) the borrowing, raising, or taking up of money; the lending or advancing of money either upon or without security; the drawing, making, accepting, discounting, buying, selling, collecting and dealing in bills of exchange, hoondees, promissory notes, coupons, drafts, bills of lading, railway receipts, warrants, debentures, certificates, scripts and other instruments, and securities whether transferable or negotiable or not; the granting and issuing of letters of credit, traveller's cheques and circular notes; the buying, selling and dealing in bullion and specie; the buying and selling of foreign exchange including foreign bank notes; the acquiring, holding, issuing on commission, underwriting and dealing in stock, funds, shares, debentures, debenture stock, bonds, obligations, securities and investments of all kinds; the purchasing and selling of bonds, scripts or other forms of securities on behalf of constituents or others, the negotiating of loans and advances; the receiving of all kinds of bonds, scripts or valuables on deposit or for safe custody or otherwise; the providing of safe deposit vaults; the collecting and transmitting of money and securities; (b) acting as agents for any Government or local authority or any other person or persons; the carrying on of agency business of any description including the clearing and forwarding of goods, giving of receipts and discharges and otherwise acting as an attorney on behalf of customers but excluding the business of a [1][managing agent or secretary and treasurer] of a company; (c) contracting for public and private loans and negotiating and issuing the same; (d) the effecting, insuring, guranteeing, underwriting, participating in managing and carrying out of any issue, public or private, of State, municipal or other loans or of shares, stock, debentures or debenture stock of any company, corporation or association and the lending of money for the purpose of any such issue; (e) carrying on and transacting every kind of guarantee and indemnity business; (f) managing, selling and realising any property which may come into the possession of the company in satisfaction or part satisfaction of any of its claims; (g) acquiring and holding and generally dealing with any property or any right, title or interest in any such property which may form the security or part of the security for any loans or advances or which may be connected with any such security; (h) undertaking and executing trusts; (i) undertaking the administration of estates as executor, trustee or otherwise; (j) establishing and supporting or aiding in the establishment and support of associations, institutions, funds, trusts and conveniences calculated to benefit employees or ex-employees of the company or the dependents or connections of such persons; granting pensions and allowances 1. Subs. by Act 33 of 1959, s. 4, for “managing agent” (w.e.f. 1-10-1959). 10 ----- and making payments towards insurance; subscribing to or guaranteeing moneys for charitable or benevolent objects or for any exhibition or for any public, general or useful object; (k) the acquisition, construction, maintenance and alteration of any building or works necessary or convenient for the purposes of the company; (l) selling, improving, managing, developing, exchanging, leasing, mortgaging, disposing of or turning into account or otherwise dealing with all or any part of the property and rights of the company; (m) acquiring and undertaking the whole or any part of the business of any person or company, when such business is of a nature enumerated or described in this sub-section; (n) doing all such other things as are incidental or conducive to the promotion or advancement of the business of the company; (o) any other form of business which the Central Government may, by notification in the Official Gazette, specify as a form of business in which it is lawful for a banking company to engage. (2) No banking company shall engage in any form of business other than those referred to in sub-section (1). 1[7. Use of words “bank”, “banker”, “banking” or “banking company”.—(1) No company other than a banking company shall use as part of its name [2][or in connection with its business] any of the words “bank”, “banker” or “banking” and no company shall carry on the business of banking in India unless it uses as part of its name at least one of such words. (2) No firm, individual or group of individuals shall, for the purpose of carrying on any business, use as part of its or his name any of the words “bank”, “banking” or “banking company”. (3) Nothing in this section shall apply to— (a) a subsidiary of a banking company formed for one or more of the purposes mentioned in sub-section (1) of section 19, whose name indicates that it is a subsidiary of that banking company; (b) any association of banks formed for the protection of their mutual interests and registered under section 25 of the Companies Act, 1956 (1 of 1956).] **8. Prohibition of trading.—Notwithstanding anything contained in section 6 or in any contract, no** banking company shall directly or indirectly deal in the buying or selling or bartering of goods, except in connection with the realisation of security given to or held by it, or engage in any trade, or buy, sell or barter goods for others otherwise than in connection with bills of exchange received for collection or negotiation or with such of its business as is referred to in clause (i) sub-section (1) of section 6: 3[Provided that this section shall not apply to any such business as is specified in pursuance of clause (o) of sub-section (1) of section 6.] _Explanation.— For the purposes of this section, “goods” means every kind of moveable property,_ other than actionable claims, stocks, shares, money, bullion and specie, and all instruments referred to in clause (a) of sub-section (1) of section 6. **9. Disposal of non-banking assets.—Notwithstanding anything contained in section 6, no banking** company shall hold any immovable property howsoever acquired, except such as is required for its own use, for any period exceeding seven years from the acquisition thereof or from the commencement of this Act, whichever is later or any extension of such period as in this section provided, and such property shall be disposed of within such period or extended period, as the case may be: 1. Subs. by Act 55 of 1963, s. 7, for section 7 (w.e.f. 1-2-1964). 2. Ins. by Act 1 of 1984, s. 14 (w.e.f. 15-2-1984). 3. Subs. by s. 15, ibid., for the proviso (w.e.f. 15-2-1984). 11 ----- Provided that the banking company may, within the period of seven years as aforesaid, deal or trade in any such property for the purpose of facilitating the disposal thereof: Provided further that the Reserve Bank may in any particular case, extend the aforesaid period of seven years by such period not exceeding five years where it is satisfied that such extension would be in the interest of the depositors of the banking company. 1[10. Prohibition of employment of managing agents and restrictions on certain forms of **employment.—(1) No banking company—** (a) shall employ or be managed by a managing agent; or (b) shall employ or continue the employment of any person— (i) who is, or at any time has been, adjudicated insolvent, or has suspended payment or has compounded with his creditors, or who is, or has been, convicted by a criminal court of an offence involving moral turpitude; or (ii) whose remuneration or part of whose remuneration takes the form of commission or of a share in the profits of the company: 2[Provided that nothing contained in this sub-clause shall apply to the payment by a banking company of— (a) any bonus in pursuance of a settlement or award arrived at or made under any law relating to industrial disputes or in accordance with any scheme framed by such banking company or in accordance with the usual practice prevailing in banking business; (b) any commission to any broker (including guarantee broker), cashier-contractor, clearing and forwarding agent, auctioneer or any other person, employed by the banking company under a contract otherwise than as a regular member of the staff of the company; or] (iii) whose remuneration is, in the opinion of the Reserve Bank, excessive; or (c) shall be managed by any person— 3[(i) who is a director of any other company not being— (a) a subsidiary of the banking company, or (b) a company registered under section 25 of the Companies Act, 1956 (1 of 1956): Provided that the prohibition in this sub-clause shall not apply in respect of any such director for a temporary period not exceeding three months or such further period not exceeding nine months as the Reserve Bank may allow; or] (ii) who is engaged in any other business or vocation; or (iii) [4][whose term of office as a person managing the company is] for a period exceeding five years at any one time: 5[Provided that the term of office of any such person may be renewed or extended by further periods not exceeding five years on each occasion subject to the condition that such renewal or extension shall not be sanctioned earlier than two years from the date on which it is to come into force: 1. Subs. by Act 95 of 1956, s. 2, for section 10 (w.e.f. 14-1-1957). 2. Subs. by Act 33 of 1959, s. 6, for the proviso (w.e.f. 1-10-1959). 3. Subs. by s. 6, ibid., for sub-clause (i) (w.e.f. 1-10-1959). 4. Subs. by Act 55 of 1963, s. 8, for “who has a contract with the company for its management” (w.e.f. 1-2-1964). 5. Subs. by s. 8, ibid., for the first proviso (w.e.f. 1-2-1964). 12 ----- Provided also that where the term of office of such person is for an indefinite period, such term, unless it otherwise comes to an end earlier, shall come to an end immediately on the expiry of five years from the date of his appointment or on the expiry of three months from the date of commencement of section 8 of the Banking Laws (Miscellaneous Provisions) Act, 1963 (55 of 1963), whichever is later:] Provided further that nothing in this clause shall apply to a director, other than the managing director, of a banking company by reason only of his being such director. _Explanation.—For the purpose of sub-clause (iii) of clause (b), the expression “remuneration”, in_ relation to person employed or continued in employment, shall include salary, fees and perquisites but shall not include any allowances or other amounts paid to him for the purpose of reimbursing him in respect of the expenses actually incurred by him in the performance of his duties. (2) In forming its opinion under sub-clause (iii) of clause (b) sub-section (1), the Reserve Bank may have regard among other matters to the following:— (i) the financial condition and history of the banking company, its size and area of operation, its resources, the volume of its business, and the trend of its earning capacity; (ii) the number of its branches or offices; (iii) the qualifications, age and experience of the person concerned; (iv) the remuneration paid to other persons employed by the banking company or to any person occupying a similar position in any other banking company similarly situated; and (v) the interests of its depositors. 1[ 2* - - - (6) Any decision or order of the Reserve Bank made under this section shall be final for all purposes.]] 3[10A. Board of directors to include persons with professional or other experience.—(1) Notwithstanding anything contained in any other law for the time being in force, every banking company,— (a) in existence on the commencement of section 3 of the Banking Laws (Amendment) Act, 1968 (58 of 1968), or (b) which comes into existence thereafter, shall comply with the requirements of this section: Provided that nothing contained in this sub-section shall apply to a banking company referred to in clause (a) for a period of three months from such commencement. (2) Not less than fifty-one per cent. of the total number of members of the Board of directors of a banking company shall consist of persons, who— (a) shall have special knowledge or practical experience in respect of one or more of the following matters, namely:— (i) accountancy, (ii) agriculture and rural economy, (iii) banking, (iv) co-operation, (v) economics, 1. Subs. by Act 33 of 1959, s. 6, for sub-section (3) (w.e.f. 1-10-1959). 2. Omitted by Act 55 of 1963, s. 8 (w.e.f. 1-2-1964). 3. Ins. by Act 58 of 1968, s. 3 (w.e.f. 1-2-1969). 13 ----- (vi) finance, (vii) law, (viii) small-scale industry, (ix) any other matter the special knowledge of, and practical experience in, which would, in the opinion of the Reserve Bank, be useful to the banking company: Provided that out of the aforesaid number of directors, not less than two shall be persons having special knowledge or practical experience in respect of agriculture and rural economy, co-operation or small-scale industry; and (b) shall not— (1) have substantial interest in, or be connected with, whether as employee, manager or managing agent,— (i) any company, not being a company registered under section 25 of the Companies Act, 1956 (1 of 1956.), or (ii) any firm, which carries on any trade, commerce or industry and which, in either case, is not a small-scale industrial concern, or (2) be proprietors of any trading, commercial or industrial concern, not being a small-scale industrial concern. [1][(2A) Notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956), or in any other law for the time being in force,— (i) no director of a banking company, other than its chairman or whole-time director, by whatever name called, shall hold office continuously for a period exceeding eight years; (ii) a chairman or other whole-time director of a banking company who has been removed from office as such chairman, or whole-time director, as the case may be, under the provisions of this Act shall also cease to be a director of the banking company and shall also not be eligible to be appointed as a director of such banking company, whether by election or co-option or otherwise, for a period of four years from the date of his ceasing to be the chairman or whole-time director, as the case may be.] (3) If, in respect of any banking company, the requirements, as laid down in sub-section (2), are not fulfilled at any time, the Board of directors of such banking company shall re-constitute such Board so as to ensure that the said requirements are fulfilled. (4) If, for the purpose of re-constituting the Board under sub-section (3), it is necessary to retire any director or directors, the Board may, by lots drawn in such manner as may be prescribed, decide which director or directors shall cease to hold office and such decision shall be binding on every director of the Board. (5) Where the Reserve Bank is of opinion that the composition of the Board of directors of a banking company is such that it does not fulfil the requirements of sub-section (2), it may, after giving to such banking company a reasonable opportunity of being heard, by an order in writing, direct the banking company to so re-constitute its Board of directors as to ensure that the said requirements are fulfilled and, if within two months from the date of receipt of that order, the banking company does not comply with the directions made by the Reserve Bank, that Bank may, after determining, by lots drawn in such manner as may be prescribed, the person who ought to be removed from the membership of the Board of directors, remove such person from the office of the director of such banking company and with a view to complying with the provisions of sub-section (2), appoint a suitable person as a member 1. Ins. by Act 1 of 1984, s. 16 (w.e.f. 15-2-1984). 14 ----- of the Board of directors in the place of the person so removed whereupon the person so appointed shall be deemed to have been duly elected by the banking company as its director. (6) Every appointment, removal or reconstitution duly made, and every election duly held, under this section shall be final and shall not be called into question in any court. (7) Every director elected or, as the case may be, appointed under this section shall hold office until the date up to which his predecessor would have held office, if the election had not been held, or, as the case may be, the appointment had not been made. (8) No act or proceeding of the Board of directors of a banking company shall be invalid by reason only of any defect in the composition thereof or on the ground that it is subsequently discovered that any of its members did not fulfil the requirements of this section. **10B.** **Banking company to be managed by whole time chairman.—[1][(1) Notwithstanding** anything contained in any law for the time being in force or in any contract to the contrary, every banking company in existence on the commencement of the Banking Regulation (Amendment) Act, 1994 (20 of 1994), or which comes into existence thereafter shall have one of its directors, who may be appointed on a whole-time or a part-time basis as chairman of its Board of directors, and where he is appointed on a whole-time basis, as chairman of its Board of directors, he shall be entrusted with the management of the whole of the affairs of the banking company: Provided that the chairman shall exercise his powers subject to the superintendence, control and direction of the Board of directors. (1A) Where a chairman is appointed on a part-time basis,— (i) such appointment shall be with the previous approval of the Reserve Bank and be subject to such conditions as the Reserve Bank may specify while giving such approval; (ii) the management of the whole of the affairs of such banking company shall be entrusted to a managing director who shall exercise his powers subject to the superintendence, control and direction of the Board of directors.] (2) [2][Every chairman of the Board of directors who is appointed on a whole-time basis and every managing director] of a banking company shall be in the whole time employment of such company and shall hold office for such period, not exceeding five years, as the Board of directors may fix, but shall, subject to the provisions of this section, be eligible for re-election or re-appointment: Provided that nothing in this sub-section shall be construed as prohibiting a chairman from being a director of a subsidiary of the banking company or a director of a company registered under section 25 of the Companies Act, 1956 (1 of 1956). (3) Every person holding office on the commencement of section 3 of the Banking Laws (Amendment) Act, 1968 (58 of 1968), as managing director of a banking company shall— (a) if there is a chairman of its Board of directors, vacate office on such commencement, or (b) if there is no chairman of its Board of directors, vacate office on the date on which the chairman of its Board of directors is elected or appointed in accordance with the provisions of this section. (4) [3][Every chairman who is appointed on a whole-time basis and every managing director of a banking company appointed under sub-section (1A)] shall be a person who has special knowledge and practical experience of— (a) the working of a banking company, or of the State Bank of India or any subsidiary bank or a financial institution, or 1. Subs. by Act 20 of 1994, s. 2, for sub-section (1) (w.e.f. 31-1-1994). 2. Subs. by s. 2, ibid., for “Every chairman of the Board of directors” (w.e.f. 31-1-1984). 3. Subs. by s. 2, ibid., for “Every chairman of the Board of directors of a banking company” (w.e.f. 31-1-1994). 15 ----- (b) financial, economic or business administration: Provided that a person shall be disqualified for being a [1][chairman who is appointed on a whole-time basis or a managing director] if he— (a) is a director of any company other than a company referred to in the proviso to sub-section (2), or (b) is a partner of any firm which carries on any trade, business or industry, or (c) has substantial interest in any other company or firm, or (d) is a director, manager, managing agent, partner or proprietor of any trading, commercial or industrial concern, or (e) is engaged in any other business or vocation. (5) [2][A chairman of the Board of directors appointed on a whole-time basis or a managing director] of a banking company may, by writing, under his hand addressed to the company, resign his office, 3*** 4[(5A) 2[A chairman of the Board of directors appoint on a whole-time basis or a managing director] whose term of office has come to an end, either by reason of his resignation or by reason of expiry of the period of his office, shall, subject to the approval of the Reserve Bank, continue in office until his successor assumes office.] (6) Without prejudice to the provisions of section 36AA, where the Reserve Bank is of opinion that any person who is, or has been elected to be, the [5][chairman of the Board of directors who is appointed on a whole-time basis or the managing director] of a banking company is not a fit and proper person to hold such office, it may, after giving to such person and to the banking company a reasonable opportunity of being heard, by order in writing, require the banking company to elect or appoint any other person as the [6][chairman of the Board of directors who is appointed on a whole-time basis or the managing director] and if, within a period of two months from the date of receipt of such order, the banking company fails to elect or appoint a suitable person as the [6][chairman of the Board of directors who is appointed on a whole-time basis or the managing director] the Reserve Bank may, by order, remove the first-mentioned person from the office of the [5][chairman of the Board of directors who is appointed on a whole-time basis or the managing director] of the banking company and appoint a suitable person in his place whereupon the person so appointed shall be deemed to have been duly elected or appointed, as the case may be, as the [5][chairman of the Board of directors who is appointed on a whole-time basis or the managing director] of such banking company and any persons elected or 7[appointed as chairman on a whole-time basis or managing director] under this sub-section shall hold office for the residue of the period of office of the person is whose place he has been so elected or appointed. (7) The banking company and any person against whom an order of removal is made under sub-section (6) may, within thirty days from the date of communication to it or to him of the order, prefer an appeal to the Central Government and the decision of the Central Government thereon, and subject thereto, the order made by the Reserve Bank under sub-section (6), shall be final and shall not be called into question in any court. 1. Subs. by Act 20 of 1994, s. 2, for “chairman” (w.e.f. 31-1-1994). 2. Subs. by s. 2, ibid., for “A chairman of the Board of directors” (w.e.f. 31-1-1994). 3. The words “but shall continue in office until his successor assumes office” omitted by Act 1 of 1984, s. 17 (w.e.f. 15-2-1984). 4. Ins. by s. 17, ibid. (w.e.f. 15-2-1984). 5. Subs. by Act 20 of 1994, s. 2, for “chairman of the Board of directors” (w.e.f. 31-1-1994). 6. Subs. by s. 2, ibid., for “chairman of its Board of directors” (w.e.f. 31-1-1994). 7. Subs. by s. 2, ibid., for “appointed as chairman” (w.e.f. 31-1-1994). 16 ----- (8) Notwithstanding anything contained in this section, the Reserve Bank may, if in its opinion it is necessary in the public interest so to do, permit [1][the chairman of the Board of directors who is appointed on a whole-time basis or the managing director] to undertake such part-time honorary work as is not likely to interfere with his duties as [2][such chairman or managing director]. (9) Notwithstanding anything contained in this section, where a person [3][appointed on a whole-time basis, as chairman of the Board of directors or managing director] dies or resigns or is by infirmity or otherwise rendered incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, the banking company may, with the approval of the Reserve Bank, make suitable arrangements for carrying out the [4][duties of chairman or managing director] for a total period not exceeding four months. 5[10BB. Power of Reserve Bank to appoint 6[chairman of the Board of directors appointed on **a whole-time basis or a managing director] of a banking company.—(1) Where the office of the** 6[chairman of the Board of directors appointed on a whole-time basis or a managing director] of a banking company is vacant, the Reserve Bank may, if it is of opinion that the continuation of such vacancy is likely to adversely affect the interests of the banking company, appoint a person, eligible under sub-section (4) of section 10B to be so appointed, to be the [6][chairman of the Board of directors appointed on a whole-time basis or a managing director] of the banking company and where the person so appointed is not a director of such banking company, he shall, so long as he holds the office of the 6[chairman of the Board of directors appointed on a whole-time basis or a managing director], be deemed to be a director of the banking company. (2) The [6][chairman of the Board of directors appointed on a whole-time basis or a managing director] so appointed by the Reserve Bank shall be in the whole-time employment of the banking company and shall hold office for such period not exceeding three years, as the Reserve Bank may specify, but shall, subject to other provisions of this Act, be a eligible for reappointment. (3) The [6][chairman of the Board of directors appointed on a whole-time basis or a managing director] so appointed by the Reserve Bank shall draw from the banking company such pay and allowances as the Reserve Bank may determine and may be removed from office only by the Reserve Bank. (4) Save as otherwise provided in this section, the provisions of section 10B shall, as far as may be, apply to the [6][chairman of the Board of directors appointed on a whole-time basis or a managing director] appointed by the Reserve Bank under sub-section (1) as they apply to a [6][chairman of the Board of directors appointed on a whole- time basis or a managing director] appointed by the banking company]. 7[10C. Chairman and certain directors not to be required to hold qualification shares.—8[A chairman of the Board of directors who is appointed on a whole-time basis or a managing director] of a banking company (by whomsoever appointed) and a director of a banking company (appointed by the Reserve Bank under section 10A) shall not be required to hold qualification shares in the banking company.] 1. Subs. by Act 20 of 1994, s. 2, for “the chairman” (w.e.f. 31-1-1994). 2. Subs. by s. 2, ibid., for “such chairman” (w.e.f. 31-1-1994). 3. Subs. by s. 2, ibid., for “appointed as chairman” (w.e.f. 31-1-1994). 4. Subs. by s. 2, ibid., for “duties as chairman” (w.e.f. 31-1-1994). 5. Ins. by Act 1 of 1984, s. 18 (w.e.f. 15-2-1984). 6. Subs. by Act 20 of 1994, s. 3, for “chairman” (w.e.f. 31-1-1994). 7. Subs. by Act 1 of 1984, s. 19, for section 10C (w.e.f. 15-2-1984). 8. Subs. by Act 20 of 1994, s. 4, for “A chairman” (w.e.f. 31-1-1994). 17 ----- **10D. Provisions of sections 10A, 10B and 10BB to override all other laws, contracts,** **etc.— Any appointment or removal of a [1][director, chairman of the Board of directors who is appointed** on a whole-time basis or managing director] in pursuance of section 10A or section 10B [2][or section 10BB] shall have effect and any such person shall not be entitled to claim any compensation for the loss or termination of office, notwithstanding anything contained in any law or in any contract, memorandum or articles of association.] **11. Requirement as to minimum paid-up capital and reserves.—(1) Notwithstanding anything** contained in [3][section 149 of the Companies Act, 1956 (1 of 1956)], no banking company in existence on the commencement of this Act, shall, after the expiry of three years from such commencement or of such further period not exceeding one year as the Reserve Bank, having regard to the interests of the depositors of the company, may think fit in any particular case to allow, carry on business [4][in India], and no other banking company shall after the commencement of this Act, commence or carry on business [4][in India], [5][unless it complies with such of the requirements of this section as are applicable to it]. 6[(2) In the case of a banking company incorporated outside India— (a) the aggregate value of its paid-up capital and reserves shall not be less than fifteen lakhs of rupees and if it has a place or places of business in the city of Bombay or Calcutta or both, twenty lakhs of rupees; and (b) [7][the banking company shall deposit and keep deposited with the Reserve Bank either in cash or in the form of unencumbered approved securities, or partly in cash and partly in the form of such securities— (i) an amount which shall not be less than the minimum required by clause (a); and (ii) as soon as may be after the expiration of each [8]*** year, an amount calculated at twenty per cent. of its profit for that year in respect of all business transacted through its branches in India, as disclosed in the profit and loss account prepared with reference to that year under section 29:] Provided that any such banking company may at any time replace— (i) any securities so deposited by cash or by any other unencumbered approved securities, or partly by cash and partly by other such securities, so however, that the total amount deposited is not affected; (ii) any cash so deposited by unencumbered approved securities of an equal value.] 9[(2A) Notwithstanding anything contained in sub-section (2), the Central Government may, on the recommendation of the Reserve Bank, and having regard to the adequacy of the amounts already deposited and kept deposited by a banking company under sub-section (2), in relation to its deposit liabilities in India, declare by order in writing that the provisions of sub-clause (ii) of clause (b) of sub-section (2) shall not apply to such banking company for such period as may be specified in the order.] 1. Subs. by Act 20 of 1994, s. 5, for “director or chairman” (w.e.f. 31-1-1994). 2. Ins. by Act 1 of 1984, s. 20 (w.e.f. 15-2-1984). 3. Subs. by Act 95 of 1956, s. 14 and the Schedule, for “section 103 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 14-1-1957). 4. Subs. by Act 20 of 1950, s. 3, for “in any State” (w.e.f. 18-3-1950). 5. Subs. by Act 33 of 1959, s. 7, for certain words (w.e.f. 1-10- 1959). 6. Subs. by s. 7, ibid., for sub-section (2) (w.e.f. 1-10-1959). 7. Subs. by Act 36 of 1962, s. 2, for certain words (w.e.f. 16-9-1962). 8. The word “calendar” omitted by Act 66 of 1988, s. 7 (w.e.f. 30-12-1988). 9. Ins. by Act 36 of 1962, s. 2 (w.e.f. 16-9-1962). 18 ----- (3) In the case of any banking company to which the provisions of sub-section (2) do not apply, the aggregate value of its paid-up capital and reserves shall not be less than— (i) if it has places of business in more than one State, five lakhs of rupees, and if any such place or places of business is or are situated in the city of Bombay or Calcutta or both, ten lakhs of rupees; (ii) if it has all its places of business in one State none of which is situated in the city of Bombay or Calcutta, one lakh of rupees in respect of its principal place of business, plus ten thousand rupees in respect of each of its other places of business situated in the same district in which it has its principal place of business, plus twenty-five thousand rupees in respect of each place of business situated elsewhere in the State otherwise than in the same district: Provided that no banking company to which this clause applies shall be required to have paid up capital and reserves exceeding an aggregated value of five lakhs of rupees: Provided further that no banking company to which this clause applies and which has only one place of business shall be required to have paid-up capital and reserves exceeding an aggregate value of fifty thousand rupees: 1[Provided further that in the case of every banking company to which this clause applies and which commences banking business for the first time after the commencement of the Banking Companies (Amendment) Act, 1962 (36 of 1962), the value of its paid-up capital shall not be less than five lakhs of rupees;] (iii) if it has all its places of business in one State, one or more of which is or are situated in the city of Bombay or Calcutta, five lakhs of rupees, plus twenty-five thousand rupees in respect of each place of business situated outside the city of Bombay or Calcutta, as the case may be: Provided that no banking company to which this clause applies shall be required to have paid-up capital and reserves exceeding an aggregate value of ten lakhs of rupees. _Explanation.—For the purposes of this sub-section, a place of business situated_ [2][in a State] other than that in which the principal place of business of the banking company is situated shall, if it is not more than twenty-five miles distant from such principal place of business, be deemed to be situated within the same State as such principal place of business. (4) Any amount deposited and kept deposited with the Reserve Bank under [3]*** sub-section (2) by any banking company incorporated [4][outside India] shall, in the event of the company ceasing for any reason to carry on banking business [5][in India], be an asset of the company on which the claims of all the creditors of the company [5][in India] shall be a first charge. 6[(5) For the purposes of this section,— (a) “place of business” means any office, sub-office, sub- pay office and any place of business at which deposits are received, cheques cashed or moneys lent; (b) “value” means the real or exchangeable value, and not the nominal value which may be shown in the books of the banking company concerned.] (6) If any dispute arises in computing the aggregate value of the paid-up capital and reserves of any banking company, a determination thereof by the Reserve Bank shall be final for the purposes of this section. 1. Ins. by Act 36 of 1962, s. 2 (w.e.f. 16-9-1962). 2. Subs. by Act 62 of 1956, s. 2 and Sch., for “in India” (w.e.f. 1- 11-1956). 3. The words “the proviso to” omitted by Act 33 of 1959, s. 7 (w.e.f. 1-10-1959). 4. Subs. by Act 20 of 1950, s. 3, for “elsewhere than in a State” (w.e.f. 18-3-1950). 5. Subs. by s. 3, ibid., for “in the States”(w.e.f. 18-3-1950). 6. Subs. by Act 33 of 1959, s. 7, for sub-section (5) (w.e.f. 1-10- 1959). 19 ----- 1[12. Regulation of paid-up capital, subscribed capital and authorised capital and voting **rights of shareholders.— (1) No banking company shall carry on business in India, unless it satisfies** the following conditions, namely:— (i) that the subscribed capital of the company is not less than one-half of the authorised capital, and the paid- up capital is not less than one-half of the subscribed capital and that, if the capital is increased, it complies with the conditions prescribed in this clause within such period not exceeding two years as the Reserve Bank may allow; 2[(ii) that, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), the capital of such banking company consists of— (a) equity shares only; or (b) equity shares and preferences shares: Provided that the issue of preference share shall be in accordance with the guidelines framed by the Reserve Bank specifying the class of preference shares, the extent of issue of each class of such preference shares (whether perpetual or irredeemable or redeemable), and the terms and conditions subject to which each class of preference shares may be issued: Provided further that no holder of the preference share, issued by the company, shall be entitled to exercise the voting right specified in clause (b) of sub-section (2) of section 87 of the Companies Act, 1956 (1 of 1956);] 3* - - - (2) No person holding shares in a banking company shall, in respect of any shares held by him, exercise voting rights [4][on poll] [5][in excess of [6][ten per cent]] of the total voting rights of all the shareholders of the banking company: 7[Provided that the Reserve Bank may increase, in a phased manner, such ceiling on voting rights from ten per cent. to twenty-six per cent.] (3) Notwithstanding anything contained in any law for the time being in force or in any contract or instrument no suit or other proceeding shall be maintained against any person registered as the holder of a share in a banking company on the ground that the title to the said share vests in a person other than the registered holder: Provided that nothing contained in this sub-section shall bar a suit or other proceeding— (a) by a transferee of the share on the ground that he has obtained from the registered holder a transfer of the share in accordance with any law relating to such transfer; or (b) on behalf of a minor or a lunatic on the ground that the registered holder holds the share on behalf of the minor or lunatic. (4) Every chairman, managing director or chief executive officer by whatever name called of a banking company shall furnish to the Reserve Bank through that banking company returns containing full particulars of the extent and value of his holding of shares, whether directly or indirectly, in the banking company and of any change in the extent of such holding or any variation in the rights attaching thereto and such other information relating to those shares as the Reserve Bank may, by order, require and in such form and at such time as may be specified in the order.] 1. Subs. by Act 95 of 1956, s. 3, for section 12 (w.e.f. 14- 1-1957). 2. Subs. by Act 4 of 2013, s. 3, for clause (ii) (w.e.f. 18-1-2013). 3. The proviso omitted by s. 3, ibid. (w.e.f. 18-1-2013). 4. Ins. by Act 33 of 1959, s. 8 (w.e.f. 1-10-1959). 5. Subs. by Act 55 of 1963, s. 9, for “in excess of five per cent.” (w.e.f. 1-2-1964). 6. Subs. by Act 20 of 1994, s. 6, for “one per cent.” (w.e.f. 31-1-1994). 7. Ins. by Act 4 of 2013, s. 3 (w.e.f. 18-1-2013). 20 ----- 1[12A. Election of new directors.—(1) The Reserve Bank may, by order, require any banking company to call a general meeting of the share holders of the company within such time, not less than two months from the date of the order, as may be specified in the order or within such further time as the Reserve Bank may allow in this behalf, to elect in accordance with the voting rights permissible under this Act fresh directors, and the banking company shall be bound to comply with the order. (2) Every director elected under sub-section (1) shall hold office until the date up to which his predecessor would have held office, if the election had not been held. (3) Any election duly held under this section shall not be called in question in any court.] 2[12B. Regulation of acquisition of shares or voting rights.—(1) No person (hereinafter referred to as “the applicant”) shall, except with the previous approval of the Reserve Bank, on an application being made, acquire or agree to acquire, directly or indirectly, by himself or acting in concert with any other person, shares of a banking company or voting rights therein, which acquisition taken together with shares and voting rights, if any, held by him or his relative or associate enterprise or person acting in concert with him, makes the applicant to hold five per cent. or more of the paid-up share capital of such banking company or entitles him to exercise five per cent. or more of the voting rights in such banking company. _Explanation 1.—For the purposes of this sub-section,—_ (a) “associate enterprise” means a company, whether incorporated or not, which,— (i) is a holding company or a subsidiary company of the applicant; or (ii) is a joint venture of the applicant; or (iii) controls the composition of the Board of Directors or other body governing the applicant; or (iv) exercises, in the opinion of the Reserve Bank, significant influence on the applicant in taking financial or policy decisions; or (v) is able to obtain economic benefits from the activities of the applicant; (b) “relative” shall have the meaning assigned to it in section 6 of the Companies Act, 1956 (1 of 1956); (c) persons shall be deemed to be “acting in concert” who, for a common objective or purpose of acquisition of shares or voting rights in excess of the percentage mentioned in this sub-section, pursuant to an agreement or understanding (formal or informal), directly or indirectly cooperate by acquiring or agreeing to acquire shares or voting rights in the banking company. _Explanation 2.—For the purposes of this Act, joint venture means a legal entity in the nature of a_ partnership engaged in the joint undertaking of a particular transaction for mutual profit or an association of persons or companies jointly undertaking some commercial enterprise wherein all contribute assets and share risks. (2) An approval under sub-section (1) may be granted by the Reserve Bank if it is satisfied that— (a) in the public interest; or (b) in the interest of banking policy; or (c) to prevent the affairs of any banking company being conducted in a manner detrimental or prejudicial to the interests of the banking company; or (d) in view of the emerging trends in banking and international best practices; or 1. Ins. by Act 95 of 1956, s. 4 (w.e.f. 14-1-1957). 2. Ins. by Act 4 of 2013, s. 4 (w.e.f. 18-1-2013). 21 ----- (e) in the interest of the banking and financial system in India, the applicant is a fit and proper person to acquire shares or voting rights: Provided that the Reserve Bank may call for such information from the applicant as it may deem necessary for considering the application referred to in sub-section (1): Provided further that the Reserve Bank may specify different criteria for acquisition of shares or voting rights in different percentages. (3) Where the acquisition is by way of transfer of shares of a banking company and the Reserve Bank is satisfied that such transfer should not be permitted, it may, by order, direct that no such share shall be transferred to the proposed transferee and may further direct the banking company not to give effect to the transfer of shares and in case the transfer has been registered, the transferee shall not be entitled to exercise voting rights on poll in any of the meetings of the banking company. (4) The approval for acquisition of shares may be subject to such conditions as the Reserve Bank may deem fit to impose, including a condition that any further acquisition of shares shall require prior approval of the Reserve Bank and that the applicant continues to be a fit and proper person to hold the shares or voting rights. (5) Before issuing or allotting any share to any person or registering the transfer of shares in the name of any person, the banking company shall ensure that the requirements of sub-section (1) are complied with by that person and where the acquisition is with the approval of the Reserve Bank, the banking company shall further ensure that the conditions imposed under sub-section (4), if any, of such approval are fulfilled. (6) The decision of the Reserve Bank on the application made under sub-section (1) shall be taken within a period of ninety days from the date of receipt of the application by the Reserve Bank: Provided that in computing the period of ninety days, the period taken by the applicant for furnishing the information called for by the Reserve Bank shall be excluded. (7) The Reserve Bank may specify the minimum percentage of shares to be acquired in a banking company if it considers that the purpose for which the shares are proposed to be acquired by the applicant warrants such minimum shareholding. (8) The Reserve Bank may, if it is satisfied that any person or persons acting in concert with him holding shares or voting rights in excess of five per cent. of the total voting rights of all the shareholders of the banking company, are not fit and proper to hold such shares or voting rights, pass an order directing that such person or persons acting in concert with him shall not, in the aggregate, exercise voting rights on poll in excess of five per cent. of the total voting rights of all the shareholders of the banking company: Provided that the Reserve Bank shall not pass any such order without giving an opportunity of being heard to such person or persons acting in concert with him.] **13. Restriction on commission, brokerage, discount, etc., on sale of shares.—Notwithstanding** anything to the contrary contained in [1][sections 76 and 79 of the Companies Act, 1956 (1 of 1956)], no banking company shall pay out directly or indirectly by way of commission, brokerage, discount or remuneration in any form in respect of any shares issued by it, any amount exceeding in the aggregate two and one-half per cent. of the [2][price at which the said shares are issued]. 3[Explanation.—For the removal of doubts, it is hereby declared that the expression “price at which the said shares are issued” shall include amount or value of premium on such shares.] 1. Subs. by Act 95 of 1956, s. 14 and Sch. I, for “sections 105 and 105A of the Indian Companies Act, 1913 (7 of 1913) (w.e.f. 14-1-1957). 2. Subs. by Act 4 of 2013, s. 5, for “paid-up value of the said shares” (w.e.f. 18-1-2013). 3. Ins. by s. 5, ibid. (w.e.f. 18-1-2013). 22 ----- **14. Prohibition of charge on unpaid capital.—No banking company shall create any charge upon** any unpaid capital of the company, and any such charge shall be invalid. 1[14A. Prohibition of floating charge on assets.— (1) Notwithstanding anything contained in section 6, no banking company shall create a floating charge on the undertaking or any property of the company or any part thereof, unless the creation of such floating charge is certified in writing by the Reserve Bank as not being detrimental to the interests of the depositors of such company. (2) Any such charge created without obtaining the certificate of the Reserve Bank shall be invalid. (3) Any banking company aggrieved by the refusal of a certificate under sub-section (1) may, within ninety days from the date on which such refusal is communicated to it, appeal to the Central Government. (4) The decision of the Central Government where an appeal has been perferred to it under sub section (3) or of the Reserve Bank where no such appeal has been preferred shall be final.] **15.** **Restrictions as to payment of dividend.—[2][(1)] No banking company shall pay any dividend** on its shares until all its capitalised expenses (including preliminary expenses, organisation expenses, share-selling commission, brokerage, amounts of losses incurred and any other item of expenditure not represented by tangible assets) have been completely written off. 3[(2) Notwithstanding anything to the contrary contained in sub- section (1) or in the Companies Act, 1956 (1 of 1956), a banking company may pay dividends on its shares without writing off— (i) the depreciation, if any, in the value of its investments in approved securities in any case where such depreciation has not actually been capitalised or otherwise accounted for as a loss; (ii) the depreciation, if any, in the value of its investments in shares, debentures or bonds (other than approved securities) in any case where adequate provision for such depreciation has been made to the satisfaction of the auditor of the banking company; (iii) the bad debts, if any, in any case where adequate provision for such debts has been made to the satisfaction of the auditor of the banking company.] 4[16. Prohibition of common directors.—5[(1) No banking company incorporated in India shall have as a director in its Board of directors any person who is a director of any other banking company. (1A) No banking company referred to in sub-section (1) shall have in its Board of directors, more than three directors who are directors of companies which among themselves are entitled to exercise voting rights in excess of twenty per cent.of the total voting rights of all the shareholders to that banking company.] (2) If immediately before the commencement of the Banking Companies (Amendment) Act, 1956 (95 of 1956), any person holding office as a director of a banking company is also a director of companies which among themselves are entitled to exercise voting rights in excess of twenty per cent. of the total voting rights of all the share-holders of the banking company, he shall, within such period from such commencement as the Reserve Bank may specify in this behalf— (a) either resign his office as a director of the banking company; or (b) choose such number of companies as among themselves are not entitled to exercise voting rights in excess of twenty per cent. of the total voting rights of all the share-holders of the banking 1. Ins. by Act 33 of l959, s. 9 (w.e.f. 1.10.1959). 2. S. 15 was re-numbered as sub-section (1) of that section by s. 10, ibid. (w.e.f. 1-10-1959). 3. Ins. by Act 33 of 1959, s. 10 (w.e.f. 1-10-1959). 4. Subs. by Act 95 of 1956, s. 5, for s. 16 (w.e.f. 14-1-1957). 5. Subs. by Act 20 of 1994, s. 7, for sub-section (1) (w.e.f. 31-1-1994). 23 ----- company as companies in which he wishes to continue to hold the office of a director and resign his office as a director in the other companies.] 1[(3) Nothing in sub-section (1) shall apply to, or in relation to, any director appointed by the Reserve Bank.] 2[17. Reserve Fund.—(1) Every banking company incorporated in India shall create a reserve fund and [3]*** shall, out of the balance of profit of each year as disclosed in the profit and loss account prepared under section 29 and before any dividend is declared, transfer to the reserve fund a sum equivalent to not less than twenty per cent. of such profit. 4[(1A) Notwithstanding anything contained in sub-section (1), the Central Government may, on the recommendation of the Reserve Bank and having regard to the adequacy of the paid-up capital and reserves of a banking company in relation to its deposit liabilities, declare by order in writing that the provisions of sub-section (1) shall not apply to the banking company for such period as may be specified in the order: Provided that no such order shall be made unless, at the time it is made, the amount in the reserve fund under sub-section (1), together with the amount in the share premium account is not less than the paid-up capital of the banking company.] (2) Where a banking company appropriates any sum or sums from the reserve fund or the share premium account, it shall, within twenty-one days from the date of such appropriation, report the fact to the Reserve Bank, explaining the circumstances relating to such appropriation: Provided that the Reserve Bank may, in any particular case, extend the said period of twenty-one days by such period as it thinks fit or condone any delay in the making of such report. 5[18. Cash reserve.—(1) Every banking company, not being a scheduled bank, 6[shall maintain in India on a daily basis] by way of cash reserve with itself or by way of balance in a current account with the Reserve Bank, or by way of net balance in current accounts or in one or more of the aforesaid ways, a sum equivalent to [7][such per cent.] of the total of its demand and time liabilities in India as on the last Friday of the second preceding fortnight [8][as the Reserve Bank may specify, by notification in the Official Gazette, from time to time, having regard to the needs of securing the monetary stability in the country] and shall submit to the Reserve Bank before the twentieth day of every month a return showing the amount so held on alternate Fridays during a month with particulars of its demand and time liabilities in India on such Fridays or if any such Friday is a public holiday under the Negotiable Instruments Act, 1881 (26 of 1881), at the close of business on the preceding working day. _Explanation.—In this section, and in section 24,—_ (a) “liabilities in India” shall not include— (i) the paid-up capital or the reserves or any credit balance in the profit and loss account of the banking company; (ii) any advance taken from the Reserve Bank [9]*** or from the Exim Bank [10][or from the Reconstruction Bank [11][or from the National Housing Bank]] or from the National Bank [12][, or from the small Industries Bank,[13][or from the National Bank for Financing Infrastructure and Development or from the other development financial institution]] by the banking company; 1. Ins. by Act 58 of 1968, s. 4 (w.e.f. 1-2-1969). 2. Subs. by Act 33 of 1959, s. 11, for ss. 17 and 18 (w.e.f. 1-10-1959). 3. Certain words omitted by Act 36 of 1962, s. 3 (w.e.f. 16-9-1962). 4. Ins. by s. 3, ibid. (w.e.f. 16-9-1962). 5. Subs. by Act 1 of 1984, s. 21, for section 18 (w.e.f. 29-3-1985). 6. Subs. by Act 4 of 2013, s. 6, for “shall maintain in India” (w.e.f. 18-1-2013). 7. Subs. by s. 6, ibid., for “at least three per cent.” (w.e.f. 18-1-2013). 8. Ins. by s. 6, ibid. (w.e.f. 18-1-2013). 9. The words “or from the Development Bank” omitted by s. 6, ibid. (w.e.f. 18-1-2013). 10. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985). 11. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988). 12. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (w.e.f. 7-3-1990). 13. Ins. by Act 17 of 2021, s. 48 and the third Schedule (w.e.f. 19-4-2021). 24 ----- (iii) in the case of a Regional Rural Bank, also any loan taken by such bank from its Sponsor Bank; (b) “fortnight” shall mean the period from Saturday to the second following Friday, both days inclusive; (c) “net balance in current accounts” shall, in relation to a banking company, mean the excess, if any, of the aggregate of the credit balances in current account maintained by that banking company with the State Bank of India or a subsidiary bank or a corresponding new bank over the aggregate of the credit balances in current account held by the said banks with such banking company; (d) for the purposes of computation of liabilities, the aggregate of the liabilities of a banking company to the State Bank of India, a subsidiary bank, a corresponding new bank, a regional rural bank, another banking company, a co-operative bank or any other financial institution notified by the Central Government in this behalf, shall be reduce by the aggregate of the liabilities of all such banks institutions to the banking company; (e) the expression “co-operative bank” shall have the meaning assigned to it in clause (cci) of section 56. 1[(1A) If the balance held by such banking company at the close of business on any day is below the minimum specified under sub-section (1), such banking company shall, without prejudice to the provisions of any other law for the time being in force, be liable to pay to the Reserve Bank, in respect of that day, penal interest at a rate of three per cent. above the bank rate on the amount by which such balance falls short of the specified minimum, and if the shortfall continues further, the penal interest so charged shall be increased to a rate of five per cent. above the bank rate in respect of each subsequent day during which the default continues. (1B) Notwithstanding anything contained in this section, if the Reserve Bank, is satisfied, on an application in writing by the defaulting banking company, that such defaulting banking company had sufficient cause for its failure to company with the provisions of sub-section (1), it may not demand the payment of the penal interest. (1C) The Reserve Bank may, for such period and subject to such conditions as may be specified, grant to any banking company such exemptions from the provisions of this section as it thinks fit with reference to all or any of its offices or with reference to the whole or any part of its assets and liabilities.] (2) The Reserve Bank may, for the purposes of this section and section 24, specify from time to time, with reference to any transaction or class of transactions, that such transaction or transactions shall be regarded as liability in India of a banking company and, if any question arises as to whether any transaction or class of transactions shall be regarded for the purposes of this section and section 24 as liability in India of a banking company, the decision of the Reserve Bank thereon shall be final.] **19. Restriction on nature of subsidiary companies.—[2][(1) A banking company shall not form** any subsidiary company except a subsidiary company formed for one or more of the following purposes, namely:— (a) the undertaking of any business which, under clauses (a) to (o) of sub-section (1) of section 6, is permissible for a banking company to undertake, or 1. Ins. by Act 4 of 2013, s. 6 (w.e.f. 18-1-2013). 2. Subs. by Act 1 of 1984, s. 22, for sub-section (1) (w.e.f. 15-2-1984). 25 ----- (b) with the previous permission in writing of the Reserve Bank, the carrying on of the business of banking exclusively outside India, or (c) the undertaking of such other business, which the Reserve Bank may, with the prior approval of the Central Government, consider to be conducive to the spread of banking in India or to be otherwise useful or necessary in the public interest. _Explanation.—For the purposes of section 8, a banking company shall not be deemed, by_ reason of its forming or having a subsidiary company, to be engaged indirectly in the business carried on by such subsidiary company.] (2) Save as provided in sub-section (1), no banking company shall hold shares in any company, whether as pledgee, mortgagee or absolute owner, of an amount exceeding thirty per cent. of the paid-up share capital of that company or thirty per cent. of its own paid-up share capital and reserves, whichever is less: Provided that any banking company which is on the date of the commencement of this Act holding any shares in contravention of the provisions of this sub-section shall not be liable to any penalty therefor if it reports the matter without delay to the Reserve Bank and if it brings its holding of shares into conformity with the said provisions within such period, not exceeding two years, as the Reserve Bank may think fit to allow. (3) Save as provided in sub-section (1) and notwithstanding anything contained in sub-section (2), a banking company shall not, after the expiry of one year from the date of the commencement of this Act, hold shares, whether as pledgee, mortgagee or absolute owner, in any company in the management of which any managing director or manager of the banking company is in any manner concerned or interested. 1[(4) Save as provided in clause (c) of sub-section (1), a banking company may form a subsidiary company to carry on the business of credit information in accordance with the Credit Information Companies (Regulation) Act, 2005 (30 of 2005)] 2[20. Restrictions on loans and advances.—(1) Notwithstanding anything to the contrary contained in section 77 of the Companies Act, 1956, (1 of 1956) no banking company shall,— (a) grant any loans or advances on the security of its own shares, or (b) enter into any commitment for granting any loan or advance to or on behalf of— (i) any of its directors, (ii) any firm in which any of its directors is interested as partner, manager, employee or guarantor, or (iii) any company (not being a subsidiary of the banking company or a company registered under section 25 of the Companies Act, 1956 (1 of 1956), or a Government company) of which 3[, or the subsidiary or the holding company of which] any of the directors of the banking company is a director, managing agent, manager, employee or guarantor or in which he holds substantial interest, or (iv) any individual in respect of whom any of its directors is a partner or guarantor. (2) Where any loan or advance granted by a banking company is such that a commitment for granting it could not have been made if clause (b) of sub-section (1) had been in force on the date on which the loan or advance was made, or is granted by a banking company after the commencement of section 5 of the Banking Laws (Amendment) Act, 1968 (58 of 1968), but in pursuance of a commitment entered into before such commencement, steps shall be taken to recover the amounts due to the banking 1. Ins. by Act 30 of 2005, s. 34 and the Schedule (w.e.f. 14-12-2006). 2. Subs. by Act 58 of 1968, s. 5, for section 20 (w.e.f. 1-2-1969). 3. Ins. by Act 1 of 1984, s. 23 (w.e.f. 15-2-1984). 26 ----- company on account of the loan or advance together with interest, if any, due thereon within the period stipulated at the time of the grant of the loan or advance, or where no such period has been stipulated, before the expiry of one year from the commencement of the said section 5: Provided that the Reserve Bank may, in any case, on an application in writing made to it by the banking company in this behalf, extend the period for the recovery of the loan or advance until such date, not being a date beyond the period of three years from the commencement of the said section 5, and subject to such terms and conditions, as the Reserve Bank may deem fit: Provided further that this sub-section shall not apply if and when the director concerned vacates the office of the director of the banking company, whether by death, retirement, resignation or otherwise. (3) No loan or advance, referred to in sub-section (2), or any part thereof shall be remitted without the previous approval of the Reserve Bank, and any remission without such approval shall be void and of no effect. (4) Where any loan or advance referred to in sub-section (2), payable by any person, has not been repaid to the banking company within the period specified in that sub-section, then, such person shall, if he is a director of such banking company on the date of the expiry of the said period, be deemed to have vacated his office as such on the said date. _Explanation.—In this section—_ (a) “loans or advance” shall not include any transaction which the Reserve Bank may, having regard to the nature of the transaction, the period within which, and the manner and circumstances in which, any amount due on account of the transaction is likely to be realised, the interest of the depositors and other relevant considerations, specify by general or special order as not being a loan or advance for the purpose of this section; (b) “director” includes a member of any board or committee in India constituted by a banking company for the purpose of managing, or for the purpose of advising it in regard to the management of, all or any of its affairs. (5) If any question arises whether any transaction is a loan or advance for the purposes of this section, it shall be referred to the Reserve Bank, whose decision thereon shall be final.] 1[20A. Restrictions on power to remit debts.—(1) Notwithstanding anything to the contrary contained in section 293 of the Companies Act, 1956, (1 of 1956) a banking company shall not, except with the prior approval of the Reserve Bank, remit in whole or in part any debt due to it by— (a) any of its directors, or (b) any firm or company in which any of its directors is interested as director, partner, managing agent or guarantor, or (c) any individual if any of its directors is his partner or guarantor. (2) Any remission made in contravention of the provisions of sub-section (1) shall be void and of no effect.] **21. Power of Reserve Bank to control advances by banking companies.—(1) Where the Reserve** Bank is satisfied that it is necessary or expedient in the public interest [2][or in the interests of depositors] [3][or banking policy] so to do, it may determine the policy in relation to advances to be followed by banking companies generally or by any banking company in particular, and when the 1. Ins. by Act 55 of 1963, s. 12 (w.e.f. 1-2-1964). 2. Ins. by s.13, ibid. (w.e.f. 1-2-1964). 3. Ins. by Act 58 of 1968, s. 6 (w.e.f. 1-2-1969). 27 ----- policy has been so determined, all banking companies or the banking company concerned, as the case may be, shall be bound to follow the policy as so determined. (2) Without prejudice to the generality of the power vested in the Reserve Bank under sub-section (1), the Reserve Bank may give directions to banking companies, either generally or to any banking company or group of banking companies in particular, [1][as to— (a) the purposes for which advances may or may not be made, (b) the margins to be maintained in respect of secured advances, (c) the maximum amount of advances or other financial accommodation which, having regard to the paid-up capital, reserves and deposits of a banking company and other relevant considerations, may be made by that banking company to any one company, firm, association of persons or individual, (d) the maximum amount up to which, having regard to the considerations referred to in clause (c), guarantees may be given by a banking company on behalf of any one company, firm, association of persons or individual, and (e) the rate of interest and other terms and conditions on which advances or other financial accommodation may be made or guarantees may be given.] 2[(3) Every banking company shall be bound to comply with any directions given to it under this section.] [3][21A. Rates of interest charged by banking companies not to be subject to scrutiny by **courts.—Notwithstanding anything contained in the Usurious Loans Act, 1918 (10 of 1918), or any** other law relating to indebtedness in force in any State, a transaction between a banking company and its debtor shall not be re-opened by any Court on the ground that the rate of interest charged by the banking company in respect of such transaction is excessive.] **22. Licensing of banking companies.—[4][(1) Save as hereinafter provided, no company shall carry** on banking business in India unless it holds a licence issued in that behalf by the Reserve Bank and any such licence may be issued subject to such conditions as the Reserve Bank may think fit to impose.] (2) Every banking company in existence on the commencement of this Act, before the expiry of six months from such commencement, and every other company before commencing banking business [5][in India], shall apply in writing to the Reserve Bank for a licence under this section: Provided that in the case of a banking company in existence on the commencement of this Act, nothing in sub-section (1) shall be deemed to prohibit the company from carrying on banking business until it is granted a licence in pursuance of [6][this section] or is by notice in writing informed by the Reserve Bank that a licence cannot be granted to it: Provided further that the Reserve Bank shall not give a notice as aforesaid to a banking company in existence on the commencement of this Act before the expiry of the three years referred to in subsection (1) of section 11 or of such further period as the Reserve Bank may under that sub-section think fit to allow. 1. Subs. by Act 55 of 1963, s. 13, for certain words (w.e.f. 1.2.1964). 2. Ins. by s. 13, ibid. (w.e.f. 1-2-1964). 3. Ins. by Act 1 of 1984 s. 24 (w.e.f. 15.2.1984). 4. Subs. by Act 33 of 1959, s. 13, for “sub-section (1)” (w.e.f. 1- 10-1959). 5. Subs. by Act 20 of 1950, s. 3, for “in any State” (w.e.f.18-3-1950). 6. Subs. by Act 33 of 1959, s. 13, for “sub-section (2)” (w.e.f. 1- 10-1959). 28 ----- (3) Before granting any licence under this section, the Reserve Bank may require to be satisfied by an inspection of the books of the company or otherwise that [1]*** the following conditions are fulfilled, namely:— 2[(a) that the company is or will be in a position to pay its present or future depositors in full as their claims accrue; (b) that the affairs of the company are not being, or are not likely to be conducted in a manner detrimental to the interests of its present or future depositors;] [3][(c) that the general character of the proposed management of the company will not be prejudicial to the public interest or the interest of its depositors; (d) that the company has adequate capital structure and earning prospects; (e) that the public interest will be served by the grant of a licence to the company to carry on banking business in India; (f) that having regard to the banking facilities available in the proposed principal area of operations of the company, the potential scope for expansion of banks already in existence in the area and other relevant factors the grant of the licence would not be prejudicial to the operation and consolidation of the banking system consistent with monetary stability and economic growth; (g) any other condition, the fulfilment of which would, in the opinion of the Reserve Bank, be necessary to ensure that the carrying on of banking business in India by the company will not be prejudicial to the public interest or the interests of the depositors.] 4[(3A) Before granting any licence under this section to a company incorporated outside India, the Reserve Bank may require to be satisfied by an inspection of the books of the company or otherwise that the conditions specified in sub-section (3) are fulfilled and that the carrying on of banking business by such company in India will be in the public interest and that the Government or law of the country in which it is incorporated does not discriminate in any way against banking companies registered in India and that the company complies with all the provisions of this Act applicable to banking companies incorporated outside India.] 5[(4) The Reserve Bank may cancel a licence granted to a banking company under this section— (i) if the company ceases to carry on banking business in India; or (ii) if the company at any time fails to comply with any of the conditions imposed upon it under sub-section (1); or (iii) if at any time, any of the conditions referred to in sub-section (3) [4][and sub-section (3A)] is not fulfilled: Provided that before cancelling a licence under clause (ii) or clause (iii) of this sub-section on the ground that the banking company has failed to comply with or has failed to fulfil any of the conditions referred to therein, the Reserve Bank, unless it is of opinion that the delay will be prejudicial to the interests of the company's depositors or the public, shall grant to the company on such terms as it may specify, an opportunity of taking the necessary steps for complying with or fulfilling such condition. 1. The words “all or any of” omitted by Act 1 of 1984, s. 25(w.e.f. 15-2-1984). 2. Subs. by Act 33 of 1959 s. 13, ibid., for clauses (a) and (b) (w.e.f. 1-10-1959). 3. Subs. by Act 1 of 1984, s. 25, for clause (c) (w.e.f. 15-2-1984). 4. Ins. by s. 25, ibid. (w.e.f. 15-2-1984). 5. Subs. by Act 33 of 1959, s. 13, for sub-sections (4) and (5) (w.e.f. 1-10-1959). 29 ----- (5) Any banking company aggrieved by the decision of the Reserve Bank cancelling a licence under this section may, within thirty days from the date on which such decision is communicated to it, appeal to the Central Government. (6) The decision of the Central Government where an appeal has been preferred to it under sub-section (5) or of the Reserve Bank where no such appeal has been preferred shall be final.] 1[23. Restrictions on opening of new and transfer of existing, places of business.—(1) Without obtaining the prior permission of the Reserve Bank— (a) no banking company shall open a new place of business in India or change otherwise than within the same city, town or village, the location of an existing place of business situated in India; and (b) no banking company incorporated in India shall open a new place of business outside India or change, otherwise than within the same city, town or village in any country or area outside India, the location of an existing place of business situated in that country or area: Provided that nothing in this sub-section shall apply to the opening for a period not exceeding one month of a temporary place of business within a city, town or village or the environs thereof within which the banking company already has a place of business for the purpose of affording banking facilities to the public on the occasion of an exhibition, a conference or a _mela or any other like_ occasion. (2) Before granting any permission under this section, the Reserve Bank may require to be satisfied by an inspection under section 35 or otherwise as to the financial condition and history of the company, the general character of its management, the adequacy of its capital structure and earning prospects and that public interest will be served by the opening or, as the case may be, change of location, of the place of business. (3) The Reserve Bank may grant permission under sub-section (1) subject to such conditions as it may think fit to impose either generally or with reference to any particular case. (4) Where, in the opinion of the Reserve Bank, a banking company has, at any time, failed to comply with any of the conditions imposed on it under this section, the Reserve Bank may, by order in writing and after affording reasonable opportunity to the banking company for showing cause against the action proposed to be taken against it, revoke any permission granted under this section. 2[(4A) Any regional rural bank requiring the permission of the Reserve Bank under this section shall forward its application to the Reserve Bank through the National Bank which shall give its comments on the merits of the application and send it to the Reserve Bank: Provided that the regional rural bank shall also send an advance copy of the application directly to the Reserve Bank.] (5) For the purposes of this section “place of business” includes any sub-office, pay office, sub-pay office and any place of business at which deposits are received, cheques cashed or moneys lent.] **24. Maintenance of a percentage of assets.—[3]*** - - - 4[(2A) A scheduled bank, in addition to the average daily balance which it is, or may be, required to maintain under section 42 of the Reserve Bank of India Act, 1934 (2 of 1934) and every other banking company, in addition to the cash reserve which it is required to maintain under section 18, shall maintain in India, assets, the value of which shall not be less than such percentage not exceeding forty per cent. of the total of its demand and time liabilities in India as on the last Friday of the second 1. Subs. by Act 33 of 1959, s. 14, for section 23 (w.e.f. 1-10-1959). 2. Ins. by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 1-5-1982). 3. Omitted by Act 17 of 2007, s. 2 (w.e.f. 23-1-2007). 4. Subs. by s. 2, ibid., for sub-section (2A) (w.e.f. 23-1-2007). 30 ----- preceding fortnight as the Reserve Bank may, by notification in the Official Gazette, specify from time to time and such assets shall be maintained, in such form and manner, as may be specified in such notification.] 1* - - - 2[(3) For the purpose of ensuring compliance with the provisions of this section, every banking company shall, not later than twenty days after the end of the month to which it relates, furnish to the Reserve Bank in the prescribed form and manner a monthly return showing particulars of its assets maintained in accordance with this section, and its demand and time liabilities in India at the close of business on each alternate Friday during the month, or if any such Friday is a public holiday, at the close of business on the preceding working day: Provided that every Regional Rural Bank shall also furnish a copy of the said return to the National Bank. (4) (a) If on any alternate Friday or, if such Friday is a public holiday, on the preceding working day, the amount maintained by a banking company at the close of business on that day falls below the minimum prescribed by or under [3]*** sub-section (2A), such banking company shall be liable to pay to the Reserve Bank in respect of that day's default, penal interest for that day at the rate of three per cent. per annum above the bank rate on the amount by which the amount actually maintained falls short of the prescribed minimum or that day; and (b) if the default occurs again on the next succeeding alternate Friday, or, if such Friday is a public holiday, on the preceding working day, and continues on succeeding alternate Fridays or preceding working days, as the case may be, the rate of penal interest shall be increased to a rate of five per cent. per annum above the bank rate on each such shortfall in respect of that alternate Friday and each succeeding alternate Friday or preceding working day, if such Friday is a public holiday, on which the default continues. (5) (a) Without prejudice to the provisions of sub-section (3), the Reserve Bank may require a banking company to furnish to it a return in the form and manner specified by it showing particulars of its assets maintained in accordance with this section and its demand and time liabilities in India, as at the close of business on each day of a month; and (b) without prejudice to the provisions of sub-section (4), on the failure of a banking company to maintain as on any day, the amount so required to be maintained by or under [3]*** sub-section (2A) the Reserve Bank may, in respect of such default, require the banking company to pay penal interest for that day as provided in clause (a) of sub-section (4) and if the default continues on the next succeeding working day, the penal interest may be increased as provided in clause (b) of sub-section (4) for the concerned days. (6) (a) The penalty payable under sub-section (4) and sub-section (5) shall be paid within a period of fourteen days from the date on which a notice issued by the Reserve Bank demanding payment of the same is served on the banking company and in the event of failure of the banking company to pay the same within such period, the penalty may be levied by a direction of the principal civil court having jurisdiction in the area where an office of the defaulting banking company is situated, such direction to be made only upon an application made by the Reserve Bank in this behalf to the court; and (b) when the court makes a direction under clause (a), it shall issue a certificate specifying the sum payable by the banking company and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a suit. 1. Omitted by Act 17 of 2007, s. 2 (w.e.f. 23-1-2007). 2. Subs. by Act 1 of 1984, s. 26, for sub-section (3) (w.e.f. 29-3-1985). 3. The words, brackets and letter “clause (a) of” omitted by Act 4 of 2013, s. 7 (w.e.f. 18-1-2013). 31 ----- (7) When under the provisions of clause (b) of sub-section (4), penal interest at the increased rate of five per cent. above the bank rate has become payable by a banking company, if thereafter the amount required to be maintained on the next succeeding alternate Friday, or if such Friday is a public holiday, the next preceding working day, is still below the prescribed minimum, every director, manager or secretary of the banking company, who is knowingly and wilfully a party to the default, shall be punishable with fine which may extend to five hundred rupees and with a further fine which may extend to five hundred rupees for each subsequent alternate Friday or the preceding working day, as the case may be, on which the default continues. (8) Notwithstanding anything contained in this section, if the Reserve Bank is satisfied, on an application in writing by the defaulting banking company, that the banking company had sufficient cause for its failure to comply with the provisions of [1]*** sub-section (2A), the Reserve Bank may not demand the payment of the penal interest. _Explanation.—In this section, the expression “public holiday” means a day which is a public_ holiday under the Negotiable Instruments Act, 1881 (26 of 1881).] **25. Assets in India.—[2][(1) The assets in India of every banking company at the close of business** on the last Friday of every quarter or, if that Friday is a public holiday under the Negotiable Instruments Act, 1881 (26 of 1881), at the close of the business on the preceding working day, shall not be less than seventy-five per cent. of its demand and time liabilities in India. (2) Every banking company shall, within one month from the end of every quarter, submit to the Reserve Bank a return in the prescribed form and manner of the assets and liabilities referred to in sub-section (1) as at the close of business on the last Friday of the previous quarter, or, if that Friday is a public holiday under the Negotiable Instruments Act, 1881 (26 of 1881), at the close of business on the preceding working day:] 3[Provided that every regional rural bank shall also furnish a copy of the said return to the National Bank.] (3) For the purposes of this section,— 4[(a) “assets in India” shall be deemed to include export bills drawn in, and import bills drawn on and payable in India and expressed in such currencies as the Reserve Bank may from time to time approve in this behalf and also such securities as the Reserve Bank may approve in this behalf notwithstanding that all or any of the said bills or securities are held outside India;] 5[(b) “liabilities in India” shall not include the paid-up capital or the reserves or any credit balance in the profit and loss account of the banking company;] 6[(c)] “quarter” means the period of three months ending on the last day of March, June, September or December. **26. Return of unclaimed deposits.— Every banking company shall, within thirty days after the** close of each calendar year, submit a return in the prescribed form and manner to the Reserve Bank as at the end of such calendar year of all accounts [7][in India] which have not been operated upon for ten years, [8]***: Provided that in the case of money deposited for a fixed period the said term of ten years shall be reckoned from the date of the expiry of such fixed period: 1. The words, brackets and letter “clause (a) of” omitted by Act 4 of 2013, s. 7 (w.e.f. 18-1-2013). 2. Subs. by Act 33 of 1959 s. 16, for sub-sections (1) and (2) (w.e.f. 1-10-1959). 3. Ins. by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 1-5-1982). 4. Subs. by Act 20 of 1950, s. 7, for clause (a) (w.e.f. 18-3-1950). 5. Ins. by Act 33 of 1959, s. 16 (w.e.f. 1-10-1959). 6. Clause (b) relettered as clause (c) by s. 16, ibid. (w.e.f. 1-10-1959). 7. Subs. by Act 20 of 1950, s. 3, for “in the States” (w.e.f.18-3-1950). 8. Certain words omitted by Act 55 of 1963, s. 14 (w.e.f. 1-2-1964). 32 ----- 1[Provided further that every regional rural bank shall also furnish a copy of the said return to the National Bank.] 2[26A. Establishment of Depositor Education and Awareness Fund.—(1) The Reserve Bank shall establish a Fund to be called the “Depositor Education and Awareness Fund” (hereafter in this section referred to as the “Fund”). (2) There shall be credited to the Fund the amount to the credit of any account in India with a banking company which has not been operated upon for a period of ten years or any deposit or any amount remaining unclaimed for more than ten years, within a period of three months from the expiry of the said period of ten years: Provided that nothing contained in this sub-section shall prevent a depositor or any other claimant to claim his deposit or unclaimed amount or operate his account or deposit account from or with the banking company after the expiry of said period of ten years and such banking company shall be liable to repay such deposit or amount at such rate of interest as may be specified by the Reserve Bank in this behalf. (3) Where the banking company has paid outstanding amount referred to in sub-section (2) or allowed operation of such account or deposit, such banking company may apply for refund of such amount in such manner as may be specified by the authority or committee referred to in sub-section (5). (4) The Fund shall be utilised for promotion of depositors' interests and for such other purposes which may be necessary for the promotion of depositors’ interests as may be specified by the Reserve Bank from time to time. (5) The Reserve Bank shall, by notification in the Official Gazette, specify an authority or committee, with such members as the Reserve Bank may appoint, to administer the Fund, and to maintain separate accounts and other relevant records in relation to the Fund in such forms as may be specified by the Reserve Bank. (6) It shall be competent for the authority or committee appointed under sub-section (5) to spend moneys out of the Fund for carrying out the objects for which the Fund has been established.] **27. Monthly returns and power to call for other returns and information.—(1) Every banking** company shall, before the close of the month succeeding that to which it relates, submit to the Reserve Bank a return in the prescribed form and manner showing its assets and liabilities [3][in India] as at the close of business on the last Friday of every month or if that Friday is a public holiday under the Negotiable Instruments Act, 1881 (26 of 1881), at the close of business on the preceding working day. 4[(2) The Reserve Bank may at any time direct a banking company to furnish it within such time as may be specified by the Reserve Bank, with such statements and information relating to the business or affairs of the banking company (including any business or affairs with which such banking company is concerned) as the Reserve Bank may consider necessary or expedient to obtain for the purposes of this Act, and without prejudice to the generality of the foregoing power may call for information every halfyear regarding [5][the investments of a banking company and the classification of its advances in respect of industry, commerce and agriculture].] 6[(3) Every regional rural bank shall submit a copy of the return which it submits to the Reserve Bank under sub-section (1) also to the National Bank and the powers exercisable by the Reserve Bank under sub-section (2) may also be exercised by the National Bank in relation to regional rural banks.] 1. Ins. by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 1-5-1982). 2. Ins. by Act 4 of 2013, s. 8 (w.e.f. 18-1-2013). 3. Subs. by Act 20 of 1950, s. 3, for “in the States” (w.e.f. 18-3-1950). 4. Subs. by Act 95 of 1956, s. 6, for sub-section (2) (w.e.f. 14-1- 1957). 5. Subs. by Act 33 of 1959, s. 17, for certain words (w.e.f. 1-10- 1959). 6. Ins. by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 1-5-1982). 33 ----- 1[28. Power to publish information.—The Reserve Bank or the National Bank, or both, if they consider it in the public interest so to do, may [2][publish— (a) any information obtained by them under this Act in such consolidated form as they think fit; (b) in such manner as they may consider proper, any credit information disclosed under the Credit Information Companies (Regulation) Act, 2005 (30 of 2005).] **29. Accounts and balance-sheet.—(1) At the expiration of each calendar year [3][or at the expiration** of a period of twelve months ending with such date as the Central Government may, by notification in the Official Gazette, specify in this behalf,] every banking company incorporated [4][in India], in respect of all business transacted by it, and every banking company incorporated [5][outside India], in respect of all business transacted through its branches [6][in India], shall prepare with reference to [7][that year or period, as the case may be,] a balance-sheet and profit and loss account as on the last working day of 8[that year or the period, as the case may be,] in the Forms set out in the Third Schedule or as near thereto as circumstances admit: 9[Provided that with a view to facilitating the transition from one period, of accounting to another period of accounting under this sub-section the Central Government may, by order published in the Official Gazette, make such provisions as it considers necessary or expedient for the preparation of, or for other matters relating to, the balance-sheet or profit and loss account in respect of the concerned year or period, as the case may be.] (2) The balance-sheet and profit and loss account shall be signed— (a) in the case of a banking company incorporated [6][in India], by the manager or the principal officer of the company and where there are more than three directors of the company, by at least three of those directors, or where there are not more than three directors, by all the directors, and (b) in the case of a banking company incorporated [5][outside India] by the manager or agent of the principal office of the company [6][in India]. (3) Notwithstanding that the balance-sheet of a banking company is under sub-section (1) required to be prepared in a form other than the form [10][set out in Part I of Schedule VI to the Companies Act, 1956 (1 of 1956)], the requirements of that Act relating to the balance-sheet and profit and loss account of a company shall, in so far as they are not inconsistent with this Act, apply to the balance-sheet or profit and loss account, as the case may be, of a banking company. 3[(3A) Notwithstanding anything to the contrary contained in sub-section (3) of section 210 of the Companies Act, 1956 (1 of 1956), the period to which the profit and loss account relates shall, in the case of a banking company, be the period ending with the last working day of the year immediately preceding the year in which the annual general meeting is held.] 11[Explanation.—In sub-section (3A), “year” means the year or, as the case may be, the period referred to in sub-section (1).] 1. Subs. by Act 61 of 1981, s. 61 and the Second Schedule, for s. 28 (w.e.f. 12-7-1982). 2. Subs. by Act 30 of 2005, s. 34 and the Schedule, for certain words (w.e.f. 14-12-2006). 3. Ins. by Act 66 of 1988, s. 8 (w.e.f. 30-12-1988). 4. Subs. by Act 20 of 1950, s. 3, for “in a State” (w.e.f.18-3-1950). 5. Subs. by s. 3, ibid., for “outside the State” (w.e.f.18-3-1950). 6. Subs. by s. 3, ibid., for “in the State” (w.e.f. 18-3-1950). 7. Subs. by Act 66 of 1988, s. 8, for “that year” (w.e.f. 30-12-1988). 8. Subs. by s. 8, ibid., for “the year” (w.e.f. 30-12-1988). 9. Subs. by s. 8, ibid., for the proviso (w.e.f. 30-12-1988). 10. Subs. by Act 95 of 1956, s. 14 and Sch. for “marked F in the Third Schedule to the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 14-1-1957). 11. Ins. by Act 66 of 1988, s. 8 (w.e.f. 30-12-1988). 34 ----- (4) The Central Government, after giving not less than three months’notice of its intention so to do by a notification in the Official Gazette, may from time to time by a like notification amend the Forms set out in the Third Schedule. 1[29A. Power in respect of associate enterprises.—(1) The Reserve Bank may, at any time, direct a banking company to annex to its financial statements or furnish to it separately, within such time and at such intervals as may be specified by the Reserve Bank, such statements and information relating to the business or affairs of any associate enterprise of the banking company as the Reserve Bank may consider necessary or expedient to obtain for the purpose of this Act. (2) Notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956), the Reserve Bank may, at any time, cause an inspection to be made of any associate enterprise of a banking company and its books of account jointly by one or more of its officers or employees or other persons along with the Board or authority regulating such associate enterprise. (3) The provisions of sub-sections (2) and (3) of section 35 shall apply _mutatis mutandis to the_ inspection under this section. _Explanation.—“associate enterprise” in relation to a banking company includes an enterprise_ which— (i) is a holding company or a subsidiary company of the banking company; or (ii) is a jont venture of the banking company; or (iii) is a subsidiary company or a joint venture of the holding company of the banking company; or (iv) controls the composition of the Board of directors or other body governing the banking company; or (v) exercises, in the opinion of the Reserve Bank, significant influence on the banking company in taking financial or policy decisions; or (vi) is able to obtain economic benefits from the activities of the banking company.] **30. Audit.—[2][(1) The balance-sheet and profit and loss account prepared in accordance with** section 29 shall be audited by a person duly qualified under any law for the time being in force to be an auditor of companies.] 3[(1A) Notwithstanding anything contained in any law for the time being in force or in any contract to the contrary, every banking company shall, before appointing, re-appointing or removing any auditor or auditors, obtain the previous approval of the Reserve Bank. (1B) Without prejudice to anything contained in the Companies Act, 1956 (1 of 1956), or any other law for the time being in force, where the Reserve Bank is of opinion that it is necessary in the public interest or in the interest of the banking company or its depositors so to do, [4][it may at any time by order direct that a special audit of the banking company's accounts, for any such transaction or class of transactions or for such period or periods as may be specified in the order, shall be conducted and may by the same or a different order either appoint a person duly qualified under any law for the time being in force to be an auditor of companies or direct the auditor of the banking company himself to conduct such special audit] and the auditor shall comply with such directions and make a report of such audit to the Reserve Bank and forward a copy thereof to the company. (1C) The expenses of, or incidental to [5][the special audit] specified in the order made by the Reserve Bank shall be borne by the banking company.] 1. Ins. by Act 4 of 2013, s. 9 (w.e.f. 18-1-2013). 2. Subs. by Act 58 of 1968, s. 8, for sub-section (1) (w.e.f. 1-2- 1969). 3. Ins. by s. 8, ibid. (w.e.f. 1-2-1969). 4. Subs. by Act 66 of 1988, s. 9, for certain words (w.e.f. 30-12-1988). 5. Subs. by s. 9, ibid., for “the audit of the transaction or class of transactions” (w.e.f. 30-12-1988). 35 ----- (2) The auditor shall have the powers of, exercise the functions vested in, and discharge the duties and be subject to the liabilities and penalties imposed on, auditors of companies by [1][section 227 of the Companies Act, 1956 (1 of 1956)]. [2][, and auditors, if any, appointed by the law establishing, constituting or forming the banking company concerned]. (3) In addition to the matters which under the aforesaid Act the auditor is required to state in his report, he shall, in the case of a banking company incorporated [3][in India], state in his report,— (a) whether or not the information and explanations required by him have been found to be satisfactory; (b) whether or not the transactions of the company which have come to his notice have been within the powers of the company; (c) whether or not the returns received from branch offices of the company have been found adequate for the purposes of his audit; (d) whether the profit and loss account shows a true balance [4][of profit or loss] for the period covered by such account; (e) any other matter which he considers should be brought to the notice of the share holders of the company. **31. Submission of returns.—The accounts and balance-sheet referred to in section 29 together** with the auditor's report shall be published in the prescribed manner and three copies thereof shall be furnished as returns to the Reserve Bank within three months from the end of the period to which they refer: Provided that the Reserve Bank may in any case extend the said period of three months for the furnishing of such returns by a further period not exceeding three months: 5[Provided further that a regional rural bank shall furnish such returns also to the National Bank.] **32. Copies of balance-sheets and accounts to be sent to registrar.—[6][(1) Where a banking** company in any year furnishes its accounts and balance-sheet in accordance with the provisions of section 31, it shall at the same time send to the registrar three copies of such accounts and balance-sheet and of the auditor's report, and where such copies are so sent, it shall not be necessary to file with the registrar, in the case of a public company, copies of the accounts and balance-sheet and of the auditor's report, and, in the case of a private company, copies of the balance-sheet and of the auditor's report as required by sub-section (1) of section 220 of the Companies Act, 1956 (1 of 1956); and the copies so sent shall be chargeable with the same fee and shall be dealt with in all respects as if they were filed in accordance with that section.] (2) When in pursuance of sub-section (2) of section 27 the Reserve Bank requires any additional statement or information in connection with the balance-sheet and accounts furnished under section 31, the banking company shall, when supplying such statement or information, send a copy thereof to the registrar. **33. Display of audited balance-sheet by companies incorporated outside India.—Every** banking company incorporated [7][outside India] shall, not later than the first Monday in August of any year in which it carries on business, display in a conspicuous place in its principal office and in every 1. Subs. by Act 58 of 1968, s. 8, for “section 145 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 1-2-1969). 2. Ins. by Act 66 of 1988, s. 9 (w.e.f. 30-12-1988). 3. Subs. by Act 20 of 1950, s. 3, for “in a State” (w.e.f. 18-3-1950). 4. Subs. by Act 55 of 1963, s. 15, for “of profit and loss” (w.e.f. 1-2-1964). 5. Ins. by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 1-5-1982). 6. Subs. by Act 33 of 1959, s. 19, for sub-section (1) (w.e.f. 1-10- 1959). 7. Subs. by Act 20 of 1950, s. 3, for “outside the States” (w.e.f. 18-3-1950). 36 ----- branch office [1][in India] a copy of its last audited balance-sheet and profit and loss account prepared under section 29, and shall keep the copy so displayed until replaced by a copy of the subsequent balance-sheet and profit and loss account so prepared, and every such banking company shall display in like manner copies of its complete audited balance-sheet and profit and loss account relating to its banking business as soon as they are available, and shall keep the copies so displayed until copies of such subsequent accounts are available. **34. Accounting provisions of this Act not retrospective.—Nothing in this Act shall apply to the** preparation of accounts by a banking company and the audit and submission thereof in respect of any accounting year which has expired prior to the commencement of this Act, and notwithstanding the other provisions of this Act, such accounts shall be prepared, audited and submitted in accordance with the law in force immediately before the commencement of this Act. 2[34A. Protection of documents of confidential nature.—(1) Notwithstanding anything contained in section 11 of the Industrial Disputes Act, 1947 (14 of 1947), or any other law for the time being in force, no banking company shall, in any proceeding under the said Act or in any appeal or other proceeding arising therefrom or connected therewith, be compelled by any authority before which such proceeding is pending to produce, or give inspection of, any of its books of account or other document or furnish or disclose any statement or information, when the banking company claims that such document, statement or information is of a confidential nature and that the production or inspection of such document or the furnishing or disclosure of such statement or information would involve disclosure of information relating to— (a) any reserves not shown as such in its published balance-sheet; or (b) any particulars not shown therein in respect of provisions made for bad and doubtful debts and other usual or necessary provisions. (2) If, in any such proceeding in relation to any banking company other than the Reserve Bank of India, any question arises as to whether any amount out of the reserves or provisions referred to in subsection (1) should be taken into account by the authority before which such proceeding is pending, the authority may, if it so thinks fit, refer the question to the Reserve Bank and the Reserve Bank shall, after taking into account principles of sound banking and all relevant circumstances concerning the banking company, furnish to the authority a certificate stating that the authority shall not take into account any amount as such reserves and provisions of the banking company or may take them into account only to the extent of the amount specified by it in the certificate, and the certificate of the Reserve Bank on such question shall be final and shall not be called in question in any such proceeding. 3[(3) For the purposes of this section “banking company” includes the Reserve Bank, 4*** the Exim Bank, [5][the Reconstruction Bank], [6][the National Housing Bank], the National Bank, [7][, the Small Industries Bank [8][,the National Bank for Financing Infrastructure and Development or the other development financial institution,]] the State Bank of India, a corresponding new bank, a regional rural bank and a subsidiary bank.]] **35. Inspection.—(1) Notwithstanding anything to the contrary contained in** [9][section 235 of the Companies Act, 1956 (1 of 1956)], the Reserve Bank at any time may, and on being directed so to do by the Central Government shall, cause an inspection to be made by one or more of its officers of any banking company and its books and accounts; and the Reserve Bank shall supply to the banking company a copy of its report on such inspection. 1. Subs. by Act 20 of 1950, s. 3, for “in the States” (w.e.f. 18-3-1950). 2. Ins. by Act 23 of 1960, s. 2 (w.e.f. 26-8-1960). 3. Subs. by Act 1 of 1984, s. 28, for sub-section (3) (w.e.f. 15-2-1984). 4. The words “the Development Bank” omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004). 5. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985). 6. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988). 7. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (w.e.f. 7-3-1990). 8. Ins. by Act 17 of 2021, s. 48 and the third Schedule (w.e.f. 19-4-2021). 9. Subs. by Act 95 of 1956, s. 14 and Schedule, for “section 138 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 14-10-1957). 37 ----- [1][(1A) (a) Notwithstanding anything to the contrary contained in any law for the time being in force and without prejudice to the provisions of sub-section (1), the Reserve Bank, at any time, may also cause a scrutiny to be made by any one or more of its officers, of the affairs of any banking company and its books and accounts; and (b) a copy of the report of the scrutiny shall be furnished to the banking company if the banking company makes a request for the same or if any adverse action is contemplated against the banking company on the basis of the scrutiny.] (2) It shall be the duty of every director or other officer [2][or employee] of the banking company to produce to any officer making an inspection under sub-section (1) [3][or a scrutiny under sub-section (1A)] all such books, accounts and other documents in his custody or power and to furnish him with any statements and information relating to the affairs of the banking company as the said officer may require of him within such time as the said officer may specify. (3) Any person making an inspection under sub-section (1) [3][or a scrutiny under sub-section (1A)] may examine on oath any director or other officer [2][or employee] of the banking company in relation to its business, and may administer an oath accordingly. (4) The Reserve Bank shall, if it has been directed by the Central Government to cause an inspection to be made, and may, in any other case, report to the Central Government on any inspection 4[or scrutiny] made under this section, and the Central Government, if it is of opinion after considering the report that the affairs of the banking company are being conducted to the detriment of the interests of its depositors, may, after giving such opportunity to the banking company to make a representation in connection with the report as, in the opinion of the Central Government, seems reasonable, by order in writing— (a) prohibit the banking company from receiving fresh deposits; (b) direct the Reserve Bank to apply under section 38 for the winding up of the banking company: Provided that the Central Government may defer, for such period as it may think fit, the passing of an order under this sub-section, or cancel or modify any such order, upon such terms and conditions as it may think fit to impose. (5) The Central Government may, after giving reasonable notice to the banking company, publish the report submitted by the Reserve Bank or such portion thereof as may appear necessary. 4[Explanation.—For the purposes of this section, the expression “banking company” shall include— (i) in the case of a banking company incorporated outside India, all its branches in India; and (ii) in the case of a banking company incorporated in India— (a) all its subsidiaries formed for the purpose of carrying on the business of banking exclusively outside India; and (b) all its branches whether situated in India or outside India.] 5[(6) The powers exercisable by the Reserve Bank under this section in relation to regional rural banks may (without prejudice to the exercise of such powers by the Reserve Bank in relation to any regional rural bank whenever it considers necessary so to do) be exercised by the National Bank in relation to the regional rural banks, and accordingly, sub-sections (1) to (5) shall apply in relation to regional rural banks as if every reference therein to the Reserve Bank included also a reference to the National Bank.] 1. Ins. by Act 1 of 1984, s. 29 (retrospectively). 2. Ins. by Act 55 of 1963, s. 17 (w.e.f. 1-2-1964). 3. Ins. by Act 1 of 1984, s. 29 (w.e.f. 15-2-1984). 4. Added by Act 33 of 1959, s. 20 (w.e.f. 1-10-1959). 5. Ins. by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 12-7-1982). 38 ----- [1][35A. Power of the Reserve Bank to give directions.—(1) Where the Reserve Bank is satisfied that— (a) in the [2][public interest]; or 3[(aa) in the interest of banking policy; or] (b) to prevent the affairs of any banking company being conducted in a manner detrimental to the interests of the depositors or in a manner prejudicial to the interests of the banking company; or (c) to secure the proper management of any banking company generally, it is necessary to issue directions to banking companies generally or to any banking company in particular, it may, from time to time, issue such directions as it deems fit, and the banking companies or the banking company, as the case may be, shall be bound to comply with such directions. (2) The Reserve Bank may, on representation made to it or on its own motion, modify or cancel any direction issued under sub-section (1), and in so modifying or cancelling any direction may impose such conditions as it thinks fit, subject to which the modification or cancellation shall have effect.] 4[35AA. Power of Central Government to authorise Reserve Bank for issuing directions to **banking companies to initiate insolvency resolution process.—The Central Government may, by** order, authorise the Reserve Bank to issue directions to any banking company or banking companies to initiate insolvency resolution process in respect of a default, under the provisions of the Insolvency and Bankruptcy Code, 2016 (31 of 2016). _Explanation.—For the purposes of this section, “default” has the same meaning assigned to it in_ clause (12) of section 3 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016). **35AB. Power of Reserve Bank to issue directions in respect of stressed assets.—(1) Without** prejudice to the provisions of section 35A, the Reserve Bank may, from time to time, issue directions to any banking company or banking companies for resolution of stressed assets. (2) The Reserve Bank may specify one or more authorities or committees with such members as the Reserve Bank may appoint or approve for appointment to advise any banking company or banking companies on resolution of stressed assets.] 5[35B. Amendments of provisions relating to appointments of managing directors, etc., to be **subject to previous approval of the Reserve Bank.—(1) In the case of a banking company—** (a) no amendment of any provision relating to [4][the maximum permissible number of directors or] the [6][appointment or re-appointment or termination of appointment or remuneration of a chairman, a] [7][managing director or any other director, whole-time or otherwise] or of a manager or a chief executive officer by whatever name called, whether that provision be contained in the company's memorandum or articles of association, or in an agreement entered into by it, or in any resolution passed by the company in general meeting or by its Board of directors shall have effect unless approved by the Reserve Bank; 8[(b) no appointment or re-appointment or termination of appointment of a chairman, a managing or whole-time director, manager or chief executive officer by whatever name called, shall have effect unless such appointment, re-appointment or termination of appointment is made with the previous approval of the Reserve Bank.] 9[Explanation.—For the purposes of this sub-section, any provision conferring any benefit or providing any amenity or perquisite, in whatever form, whether during or after the termination of the term of office [10][of the chairman or the manager] or the chief executive officer by whatever name called 1. Ins. by Act 95 of 1956, s. 7 (w.e.f. 14-1-1957). 2. Subs. by Act 7 of 1961, s. 2, for “national interest” (w.e.f. 24-3-1961). 3. Ins. by Act 58 of 1968, s. 10, (w.e.f. 1-2-1969). 4. Ins. by Act 30 of 2017, s. 2, (w.e.f. 4-5-2017). 5. Ins. by Act 1 of 1984, s. 30 (w.e.f. 15-2-1984). 6. Subs. by Act 58 of 1968, s. 11, ibid, for “appointment or re-appointment or remuneration of a” (w.e.f. 1-2-1969). 7. Subs. by Act 33 of 1959, s. 21, for “managing or whole-time director or of a director not liable to retire by rotation” (w.e.f. 1-10-1959). 8. Subs. by Act 58 of 1968, s. 11, for clause (b) (w.e.f. 1-2-1969). 9. Added by Act 33 of 1959, s. 21 (w.e.f. 1-10-1959). 10. Subs. by Act 58 of 1968, s. 11, for “of the manager” (w.e.f. 1-2- 1969). 39 ----- or the managing director, or any other director, whole-time or otherwise, shall be deemed to be a provision relating to his remuneration.] (2) Nothing contained in sections [1][268 and 269, the proviso to sub-section (3) of section 309, sections 310 and 311, the proviso to section 387, and section 388] (in so far as section 388 makes the 2[provisions of sections 269, 310] and 311 apply in relation to the manager of a company) of the Companies Act, 1956 (1 of 1956), shall [3][apply to any matter in respect of which the approval of the Reserve Bank has to be obtained under sub-section (1)]. 4[(2A) Nothing contained in section 198 of the Companies Act, 1956 (1 of 1956) shall apply to a Banking company and the provisions of sub-section (1) of section 309 and of section 387 of that Act shall, insofar as they are applicable to a banking company, have effect as if no reference had been made in the said provisions to section 198 of that Act.] (3) No act done by a person [5][as chairman or a managing or whole-time director] or a director not liable to retire by rotation or a manager or a chief executive officer by whatever name called, shall be deemed to be invalid on the ground that it is subsequently discovered that his [6][appointment or re-appointment] had not taken effect by reason of any of the provisions of this Act; but nothing in this sub-section shall be construed as rendering valid any act done by such person after his [8][appointment or re-appointment] has been shown to the banking company not to have had effect.] **36. Further powers and functions of Reserve Bank.—(1) The Reserve Bank may—** (a) caution or prohibit banking companies generally or any banking company in particular against entering into any particular transaction or class of transactions, and generally give advice to any banking company; (b) on a request by the companies concerned and subject to the provisions of section [7][44A], assist, as intermediary or otherwise, in proposals for the amalgamation of such banking companies; (c) give assistance to any banking company by means of the grant of a loan or advance to it under clause (3) of sub-section (1) of section 18 of the Reserve Bank of India Act, 1934 (2 of 1934); 8[(d) 9[at any time, if it is satisfied that in the public interest or in the interest of banking policy or for preventing the affairs of the banking company being conducted in a manner detrimental to the interests of the banking company or its depositors it is necessary so to do,] by order in writing and on such terms and conditions as may be specified therein— (i) require the banking company to call a meeting of its directors for the purpose of considering any matter relating to or arising out of the affairs of the banking company, or require an officer of the banking company to discuss any such matter with an officer an officer of the Reserve Bank; (ii) depute one or more of its officers to watch the proceedings at any meeting of the Board of directors of the banking company or of any committee or of any other body constituted by it; require that banking company to give an opportunity to the officers so deputed to be heard at such meetings and also require such officers to send a report of such proceedings to the Reserve Bank; (iii) require the Board of directors of the banking company or any committee or any other body constituted by it to give in writing to any officer specified by the Reserve Bank in this 1. Subs. by Act 36 of 1962, s. 7, for “268, 269, 310, 311 and 388”. 2. Subs. by Act 1 of 1984, s. 30, for “provisions of section 310” (w.e.f. 15-2-1984). 3. Subs. by Act 33 of 1959, s. 21, for certain words (w.e.f. 1-10-1959). 4. Ins. by Act 1 of 1984, s. 30 (w.e.f. 15-2-1984). 5. Subs. by Act 58 of 1968, s. 11, for “as a managing or whole-time director” (w.e.f. 1-2-1969). 6. Subs. by s. 11, ibid., for “appointment” (w.e.f. 1-2-1969). 7. Subs. by Act 33 of 1959, s. 22, for “45” (w.e.f. 1-10-1959). 8. Subs. by Act 95 of 1956, s. 8, for cl. (d) (w.e.f. 14-1-1957). 9. Subs. by Act 58 of 1968, s. 12, for certain words (w.e.f. 1-2- 1969). 40 ----- behalf at his usual address all notices of, and other communications relating to, any meeting of the Board, committee or other body constituted by it; (iv) appoint one or more of its officers to observe the manner in which the affairs of the banking company or of its offices or branches are being conducted and make a report thereon; (v) require the banking company to make, within such time as may be specified in the order, such changes in the management as the Reserve Bank may consider necessary [1]***.] (2) The Reserve Bank shall make an annual report to the Central Government on the trend and progress of banking in the country, with particular reference to its activities under clause (2) of section 17 of the Reserve Bank of India Act, 1934 (2 of 1934), including in such report its suggestions, if any, for the strengthening of banking business throughout the country. (3) The Reserve Bank may appoint such staff at such places as it considers necessary for the scrutiny of the returns, statements and information furnished by banking companies under this Act, and generally to ensure the efficient performance of its functions under this Act. 2[36A. Certain provisions of the Act not to apply to certain banking companies.—(1) The provisions of section 11, sub-section (1) of section 12, and sections 17, 18, 24 and 25 shall not apply to a banking company— (a) which, whether before or after the commencement of the Banking Companies (Amendment) Act, 1959 (33 of 1959), has been refused a licence under section 22, or prohibited from accepting fresh deposits by a compromise, arrangement or scheme sanctioned by a court or by any order made in any proceeding relating to such compromise, arrangement or scheme, or prohibited from accepting deposits by virtue of any alteration made in its memorandum; or (b) whose licence has been cancelled under section 22, whether before or after the commencement of the Banking Companies (Amendment) Act, 1959 (33 of 1959). (2) Where the Reserve Bank is satisfied that any such banking company as is referred to in sub-section (1) has repaid, or has made adequate provision for repaying all deposits accepted by the banking company, either in full or to the maximum extent possible, the Reserve Bank may, by notice published in the Official Gazette, notify that the banking company has ceased to be a banking company within the meaning of this Act, and thereupon all the provisions of this Act applicable to such banking company shall cease to apply to it, except as respects things done or omitted to be done before such notice.] 3[PART IIA CONTROL OVER MANAGEMENT **36AA. Power of Reserve Bank to remove managerial and other persons from office.—(1)** Where the Reserve Bank is satisfied that in the public interest or for preventing the affairs of a banking company being conducted in a manner detrimental to the interests of the depositors or for securing the proper management of any banking company it is necessary so to do, the Reserve Bank may, for reasons to be recorded in writing, by order, remove from office, with effect from such date as may be specified in the order, [4][any chairman, director,] chief executive officer (by whatever name called) or other officer or employee of the banking company. (2) No order under sub-section (1) shall be made [5][unless the chairman, director] or chief executive officer or other officer or employee concerned has been given a reasonable opportunity of making a representation to the Reserve Bank against the proposed order: Provided that if, in the opinion of the Reserve Bank, any delay would be detrimental to the interests of the banking company or its depositors, the Reserve Bank may, at the time of giving the opportunity aforesaid or at any time thereafter, by order direct that, pending the consideration of the 1. Certain words omitted by Act 58 of 1968, s. 12 (w.e.f. 1-2-1969). 2. Ins. by Act 33 of 1959, s. 23 (w.e.f. 1-10-1959). 3. Ins. by Act 55 of 1963, s. 18 (w.e.f. 1-2-1964). 4. Subs. by Act 58 of 1968, s. 13, for “any director” (w.e.f. 1-2- 1969). 5. Subs. by s. 13, ibid., for “unless the director” (w.e.f. 1-2- 1969). 41 ----- representation aforesaid, if any, [1][the chairman or, as the case may be, director or chief executive officer] or other officer or employee, shall not, with effect from the date of such order— (a) [2][act as such chairman or director] or chief executive officer or other officer or employee of the banking company; (b) in any way, whether directly or indirectly, be concerned with, or take part in the management of, the banking company. (3) (a) Any person against whom an order of removal has been made under sub-section (1) may, within thirty days from the date of communication to him of the order, prefer an appeal to the Central Government. (b) The decision of the Central Government on such appeal, and subject thereto, the order made by the Reserve Bank under sub-section (1), shall be final and shall not be called into question in any court. (4) Where any order is made in respect of [3][a chairman, director] or chief executive officer or other officer or employee of a banking company under sub-section (1), he shall cease to be [4][a chairman or, as the case may be, a director,] chief executive officer or other officer or employee of the banking company and shall not, in any way, whether directly or indirectly, be concerned with, or take part in the management of, any banking company for such period not exceeding five years as may be specified in the order. (5) If any person in respect of whom an order is made by the Reserve Bank under sub-section (1) or under the proviso to sub-section (2) contravenes the provisions of this section, he shall be punishable with fine which may extend to two hundred and fifty rupees for each day during which such contravention continues. (6) Where an order under sub-section (1) has been made, the Reserve Bank may, by order in writing, appoint a suitable person in place of [5][the chairman or director] or chief executive officer or other officer or employee who has been removed from his office under that sub-section, with effect from such date as may be specified in the order. (7) Any person appointed as [6][chairman, director or chief executive officer] or other officer or employee under this section, shall— (a) hold office during the pleasure of the Reserve Bank and subject thereto for a period not exceeding three years or such further periods not exceeding three years at a time as the Reserve Bank may specify; (b) not incur any obligation or liability by reason only of his being a [chairman, director or chief executive officer] or other officer or employee or for anything done or omitted to be done in good faith in the execution of the duties of his office or in relation thereto. (8) Notwithstanding anything contained in any law or in any contract, memorandum or articles of association, on the removal of a person from office under this section, that person shall not be entitled to claim any compensation for the loss or termination of office. **36AB. Power of Reserve Bank to appoint additional directors.—(1) If the Reserve Bank is of** 7[opinion that in the interest of banking policy or in the public interest or] in the interests of the banking company or its depositors it is necessary so to do, it may, from time to time by order in writing, 1. Subs. by Act 58 of 1968, s. 13, for “the director or, as the case may be, chief executive officer” (w.e.f. 1-2-1969). 2. Subs. by s. 13, ibid., for “act as such director” (w.e.f. 1-2- 1969). 3. Subs. by s. 13, ibid., for “a director” (w.e.f. 1-2-1969). 4. Subs. by s. 13, ibid., for “a director or as the case may be,” (w.e.f. 1-2-1969). 5. Subs. by s. 13, ibid., for “the director” (w.e.f. 1-2-1969). 6. Subs. by s. 13, ibid., for “director or chief executive officer” (w.e.f. 1-2-1969). 7. Subs. by s. 14, ibid., for “opinion that” (w.e.f. 1-2-1969). 42 ----- appoint, with effect from such date as may be specified in the order, one or more persons to hold office as additional directors of the banking company. 1* - - - (2) Any person appointed as additional director in pursuance of this section— (a) shall hold office during the pleasure of the Reserve Bank and subject thereto for a period not exceeding three years or such further periods not exceeding three years at a time as the Reserve Bank may specify; (b) shall not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the execution of the duties of his office or in relation thereto; and (c) shall not be required to hold qualification shares in the banking company. (3) For the purpose of reckoning any proportion of the total number of directors of the banking company, any additional director appointed under this section shall not be taken into account. **36AC. Part IIA to override other laws.—Any appointment or removal of a director, chief** executive officer or other officer or employee in pursuance of section 36AA or section 36AB shall have effect notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956), or any other law for the time being in force or in any contract or any other instrument.] 2[PART IIAB SUPERSESSION OF BOARD OF DIRECTORS OF BANKING COMPANY **36ACA.** **Supersession of Board of Directors in certain cases.—(1) Where the Reserve Bank is** satisfied, in consultation with the Central Government, that in the public interest or for preventing the affairs of any banking company being conducted in a manner detrimental to the interest of the depositors or any banking company or for securing the proper management of any banking company, it is necessary so to do, the Reserve Bank may, for reasons to be recorded in writing, by order, supersede the Board of Directors of such banking company for a period not exceeding six months as may be specified in the order: Provided that the period of supersession of the Board of Directors may be extended from time to time, so, however, that the total period shall not exceed twelve months. (2) The Reserve Bank may, on supersession of the Board of Directors of the banking company under sub-section (1) appoint in consultation with the Central Government for such period as it may determine, an Administrator (not being an officer of the Central Government or a State Government) who has experience in law, finance, banking, economics or accountancy. (3) The Reserve Bank may issue such directions to the Administrator as it may deem appropriate and the Administrator shall be bound to follow such directions. (4) Upon making the order of supersession of the Board of Directors of a banking company, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956),— (a) the chairman, managing director and other directors shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of the Companies Act, 1956 (1 of 1956) or this Act, or any other law for the time being in force, be exercised and discharged by or on behalf of the Board of Directors of such banking company, or by a resolution passed in general meeting of such banking company, shall, until the Board of 1. Proviso omitted by Act 1 of 1984, s. 31 (w.e.f. 15-2-1984). 2. Ins. by Act 4 of 2013, s. 10 (w.e.f. 18-1-2013). 43 ----- Directors of such banking company is reconstituted, be exercised and discharged by the Administrator appointed by the Reserve Bank under sub-section (2): Provided that the power exercised by the Administrator shall be valid notwithstanding that such power is exercisable by a resolution passed in the general meeting of such banking company. (5) The Reserve Bank may constitute, in consultation with the Central Government, a committee of three or more persons who have experience in law, finance, banking, economics or accountancy to assist the Administrator in the discharge of his duties. (6) The committee shall meet at such times and places and observe such rules of procedure as may be specified by the Reserve Bank. (7) The salary and allowances to the Administrator and the members of the committee constituted under sub-section (5) by the Reserve Bank shall be such as may be specified by the Reserve Bank and be payable by the concerned banking company. (8) On and before the expiration of two months before the expiry of the period of supersession of the Board of Directors as specified in the order issued under sub-section (1), the Administrator of the banking company, shall call the general meeting of the company to elect new directors and reconstitute its Board of Directors. (9) Notwithstanding anything contained in any other law or in any contract, the memorandum or articles of association, no person shall be entitled to claim any compensation for the loss or termination of his office. (10) The Administrator appointed under sub-section (2) shall vacate office immediately after the Board of Directors of such banking company has been reconstituted.] 1[PART IIB PROHIBITION OF CERTAIN ACTIVITIES IN RELATION TO BANKING COMPANIES **36AD. Punishments for certain activities in relation to banking companies.—(1) No person** shall— (a) obstruct any person from lawfully entering or leaving any office or place of business of a banking company or from carrying on any business there, or (b) hold, within the office or place of business of any banking company, any demonstration which is violent or which prevents, or is calculated to prevent, the transaction of normal business by the banking company, or (c) act in any manner calculated to undermine the confidence of the depositors in the banking company. (2) Whoever contravenes any provision of sub-section (1) without any reasonable excuse shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 2[(3) For the purposes of this section “banking company” includes the Reserve Bank, 3*** the Exim Bank [4][the Reconstruction Bank], [5][the National Housing Bank], the National Bank, [6][the Small Industries Bank [7][, the National Bank for Financing Infrastructure and Development or the other development financial institution,]] the State Bank of India, a corresponding new bank, a regional rural bank and a subsidiary bank]. 1. Ins. by Act 58 of 1968, s. 15 (w.e.f. 1-2-1969). 2. Subs. by Act 1 of 1984, s. 32, for sub-section (3) (w.e.f. 15-2-1984). 3. The words “the Development Bank” omitted by Act 53 of 2003, s. 12 and Schedule (w.e.f. 2-7-2004). 4. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985). 5. Ins. by Act 53 of 1987 s. 56 and the Second Schedule (w.e.f. 9-7-1988). 6. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (w.e.f. 7-3-1990). 7. Ins. by Act 17 of 2021, s. 48 and the third Schedule (w.e.f. 19-4-2021). 44 ----- PART IIC ACQUISITION OF THE UNDERTAKINGS OF BANKING COMPANIES IN CERTAIN CASES **36AE. Power of Central Government to acquire undertakings of banking companies in** **certain cases.—(1) If, upon receipt of a report from the Reserve Bank, the Central Government is** satisfied that a banking company— (a) has, on more than one occasion, failed to comply with the directions given to it in writing under section 21 or section 35A, in so far as such directions relate to banking policy, or (b) is being managed in a manner detrimental to the interests of its depositors,— and that— (i) in the interests of the depositors of such banking company, or (ii) in the interest of banking policy, or (iii) for the better provision of credit generally or of credit to any particular section of the community or in any particular area, it is necessary to acquire the undertaking of such banking company, the Central Government may, after such consultation with the Reserve Bank as it thinks fit, by notified order, acquire the undertaking of such company (hereinafter referred to as the acquired bank) with effect from such date as may be specified in this behalf by the Central Government (hereinafter referred to as the appointed day): Provided that no undertaking of any banking company shall be so acquired unless such banking company has been given a reasonable opportunity of showing cause against the proposed action. _Explanation.—In this Part,—_ (a) “notified order” means an order published in the Official Gazette; (b) “undertaking”, in relation to a banking company incorporated outside India, means the undertaking of the company in India. (2) Subject to the other provisions contained in this Part, on the appointed day, the undertaking of the acquired bank and all the assets and liabilities of the acquired bank shall stand transferred to, and vest in, the Central Government. (3) The undertaking of the acquired bank and its assets and liabilities shall be deemed to include all rights, powers, authorities and privileges and all property, whether movable or immovable, including, in particular, cash balances, reserve funds, investments, deposits and all other interests and rights in, or arising out of, such property as may be in the possession of, or held by, the acquired bank immediately before the appointed day and all books, accounts and documents relating thereto, and shall also be deemed to include all debts, liabilities and obligations, of whatever kind, then existing of the acquired bank. (4) Notwithstanding anything contained in sub-section (2), the Central Government may, if it is satisfied that the undertaking of the acquired bank and its assets and liabilities should, instead of vesting in the Central Government, or continuing to so vest, vest in a company established under any scheme made under this Part or in any corporation (hereinafter in this Part and in the Fifth Schedule referred to as the transferee bank) that Government may, by order, direct that the said undertaking, including the assets and liabilities thereof, shall vest in the transferee bank either on the publication of the notified order or on such other date as may be specified in this behalf by the Central Government. (5) Where the undertaking of the acquired bank and the assets and liabilities thereof vest in the transferee bank under sub-section (4), the transferee bank, shall, on and from the date of such vesting, be deemed to have become the transferee of the acquired bank and all the rights and liabilities in relation to the acquired bank shall, on and from the date of such vesting, be deemed to have been the rights and liabilities of the transferee bank. 45 ----- (6) Unless otherwise expressly provided by or under this Part, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the appointed day and to which the acquired bank is a party or which are in favour of the acquired bank shall be of as full force and effect against or in favour of the Central Government, or as the case may be, of the transferee bank, and may be enforced or acted upon as fully and effectually as if in the place of the acquired bank the Central Government or the transferee bank had been a party thereto or as if they had been issued in favour of the Central Government or the transferee bank, as the case may be. (7) If, on the appointed day, any suit, appeal or other proceeding of whatever nature is pending by or against the acquired bank, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertaking of the acquired bank or of anything contained in this Part, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the Central Government or the transferee bank, as the case may be. **36AF. Power of the Central Government to make scheme.—(1) The Central Government may** after consultation with the Reserve Bank, make a scheme for carrying out the purposes of this Part in relation to any acquired bank. (2) In particular, and without prejudice to the generality of the foregoing power, the said scheme may provide for all or any of the following matters, namely:— (a) the corporation, or the company incorporated for the purpose, to which the undertaking including the property, assets and liabilities of the acquired bank may be transferred, and the capital, constitution, name and office thereof; (b) the constitution of the first Board of management (by whatever name called) of the transferee bank, and all such matters in connection therewith or incidental thereto as the Central Government may consider to be necessary or expedient; (c) the continuance of the services of all the employee of the acquired bank (excepting such of them as, not being workmen within the meaning of the Industrial Disputes Act, 1947 (14 of 1947), are specifically mentioned in the scheme) in the Central Government or in the transferee bank, as the case may be, on the same terms and conditions so far as may be, as are specified in clauses (i) and (j) of sub-section (5) of section 45; (d) the continuance of the right of any person who, on the appointed day, is entitled to or is in receipt of, a pension or other superannuation or compassionate allowance or benefit, from the acquired bank or any provident, pension or other fund or any authority administering such fund, to be paid by, and to receive from, the Central Government or the transferee bank, as the case may be, or any provident, pension or other fund or any authority administering such fund, the same pension, allowance or benefit so long as he observes the conditions on which the pension, allowance or benefit was granted, and if any question arises whether he has so observed such conditions, the question shall be determined by the Central Government and the decision of the Central Government thereon shall be final; (e) the manner of payment of the compensation payable in accordance with the provisions of this Part to the shareholders of the acquired bank, or where the acquired bank is a banking company incorporated outside India, to the acquired bank in full satisfaction of their, or as the case may be, its, claims; (f) the provision, if any, for completing the effectual transfer to the Central Government or the transferee bank of any asset or any liability which forms part of the undertaking of the acquired bank in any country outside India; (g) such incidental, consequential and supplemental matters as may be necessary to secure that the transfer of the business, property, assets and liabilities of the acquired bank to the Central Government or transferee bank, as the case may be, is effectual and complete. 46 ----- (3) The Central Government may, after consultation with the Reserve Bank, by notification in the Official Gazette, add to, amend or vary any scheme made under this section. (4) Every scheme made under this section shall be published in the Official Gazette. (5) Copies of every scheme made under this section shall be laid before each House of Parliament as soon as may be after it is made. (6) The provisions of this Part and of any scheme made thereunder shall have effect notwithstanding anything to the contrary contained in any other provisions of this Act or in any other law or any agreement, award or other instrument for the time being in force. (7) Every scheme made under this section shall be binding on the Central Government or, as the case may be, on the transferee bank and also on all members, creditors, depositors and employees of the acquired bank and of the transferee bank and on any other person having any right, liability, power or function in relation to, or in connection with, the acquired bank or the transferee bank, as the case may be. **36AG. Compensation to be given to shareholders of the acquired bank.—(1) Every person** who, immediately before the appointed day, is registered as a holder of shares in the acquired bank or, where the acquired bank is a banking company incorporated outside India, the acquired bank, shall be given by the Central Government, or the transferee bank, as the case may be, such compensation in respect of the transfer of the undertaking of the acquired bank as is determined in accordance with the principles contained in the Fifth Schedule. (2) Nothing contained in sub-section (1) shall affect the rights _inter se between the holder of any_ share in the acquired bank and any other person who may have any interest in such shares and such other person shall be entitled to enforce his interest against the compensation awarded to the holder of such share, but not against the Central Government, or the transferee bank. (3) The amount of compensation to be given in accordance with the principles contained in the Fifth Schedule shall be determined in the first instance by the Central Government, or the transferee bank, as the case may be, in consultation with the Reserve Bank, and shall be offered by it to all those to whom compensation is payable under sub- section (1) in full satisfaction thereof. (4) If the amount of compensation offered in terms of sub-section (3) is not acceptable to any person to whom the compensation is payable, such person may, before such date as may be notified by the Central Government in the Official Gazette, request the Central Government in writing, to have the matter referred to the Tribunal constituted under section 36AH. (5) If, before the date notified under sub-section (4), the Central Government receives requests, in terms of that sub-section, from not less than one-fourth in number of the shareholders holding not less than one-fourth in value of the paid-up share capital of the acquired bank, or, where the acquired bank is a banking company incorporated outside India, from the acquired bank, the Central Government shall have the matter referred to the Tribunal for decision. (6) If, before the date notified under sub-section (4), the Central Government does not receive requests as provided in that sub- section, the amount of compensation offered under sub-section (3), and where a reference has been made to the Tribunal, the amount determined by it, shall be the compensation payable under sub-section (1) and shall be final and binding on all parties concerned. **36AH. Constitution of the Tribunal.—(1) The Central Government may, for the purpose of this** Part, constitute a Tribunal which shall consist of a Chairman and two other members. (2) The Chairman shall be a person who is, or has been, a Judge of a High Court or of the Supreme Court, and, of the two other members, one shall be a person, who, in the opinion of the Central Government, has had experience of commercial banking and the other shall be a person who is a chartered accountant within the meaning of the Chartered Accountants’ Act, 1949 (38 of 1949). 47 ----- (3) If, for any reason, a vacancy occurs in the office of the Chairman or any other member of the Tribunal, the Central Government may fill the vacancy by appointing another person thereto in accordance with the provisions of sub-section (2), and any proceeding may be continued before the Tribunal, so constituted, from the stage at which the vacancy occurred. (4) The Tribunal may, for the purpose of determining any compensation payable under this Part, choose one or more persons having special knowledge or experience of any relevant matter to assist it in the determination of such compensation. **36AI. Tribunal to have powers of a civil court.—(1) The Tribunal shall have the powers of a civil** court, while trying a suit, under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents. (2) Notwithstanding anything contained in sub-section (1), or in any other law for the time being in force, the Tribunal shall not compel the Central Government or the Reserve Bank,— (a) to produce any books of account or other documents which the Central Government, or the Reserve Bank, claims to be of a confidential nature; (b) to make any such books or documents part of the record of the proceedings before the Tribunal; or (c) to give inspection of any such books or documents to any party before it or to any other person. **36AJ. Procedure of the Tribunal.—(1) The Tribunal shall have power to regulate its own** procedure. (2) The Tribunal may hold the whole or any part of its inquiry in camera. (3) Any clerical or arithmetical error in any order of the Tribunal or any error arising therein from any accidental slip or ommission may, at any time, be corrected by the Tribunal either of its own motion or on the application of any of the parties.] PART III SUSPENSION OF BUSINESS AND WINDING UP OF BANKING COMPANIES 1[2[36B.] High Court defined.—In this Part and in Part IIIA, “High Court”, in relation to a banking company, means the High Court exercising Jurisdiction in the place where the registered office of the banking company is situated or, in the case of a banking company incorporated outside India, where its principal place of business in India is situated.] **37. Suspension of business.—(1) The [3][High Court] may on the application of a banking company** which is temporarily unable to meet its obligations make an order (a copy of which it shall cause to be forwarded to the Reserve Bank) staying the commencement or continuance of all actions and proceedings against the company for a fixed period of time on such terms and conditions as it shall think fit and proper, and may from time to time extend the period so however that the total period of moratorium shall not exceed six months. 1. Ins. by Act 52 of 1953, s. 3. 2. Section 36A renumbered as section 36B by Act 33 of 1959, s. 24 (w.e.f. 1-10-1959). 3. Subs. by Act 52 of 1953, s. 4, for “Court”. 48 ----- (2) No such application shall be maintainable unless it is accompanied by a report of the Reserve Bank indicating that in the opinion of the Reserve Bank the banking company will be able to pay its debts if the application is granted: Provided that the [1][High Court] may, for sufficient reasons, grant relief under this section even if the application is not accompanied by such report, and where such relief is granted, the [1][High Court] shall call for a report from the Reserve Bank on the affairs of the banking company, on receipt of which it may either rescind any order already passed or pass such further orders thereon as may be just and proper in the circumstances. 2[(3) When an application is made under sub-section (1), the High Court may appoint a special officer who shall forthwith take into his custody or under his control all the assets, books, documents, effects and actionable claims to which the banking company is or appears to be entitled and shall also exercise such other powers as the High Court may deem fit to confer on him, having regard to the interests of the depositors of the banking company.] 3[(4) Where the Reserve Bank is satisfied that the affairs of a banking company in respect of which an order under sub-section (1) has been made, are being conducted in a manner detrimental to the interests of the depositors, it may make an application to the High Court for the winding up of the company, and where any such application is made, the High Court shall not make any order extending the period for which the commencement or continuance of all actions and proceedings against the company were stayed under that sub- section.] 4[38. Winding up by High Court.—(1) Notwithstanding anything contained in section 391 section 392, section 433 and section 583 of the Companies Act, 1956 (1 of 1956), but without prejudice to its powers under sub-section (1) of section 37 of this Act, the High Court shall order the winding up of a banking company— (a) if the banking company is unable to pay its debts; or (b) if an application for its winding up has been made by the Reserve bank under section 37 or this section. (2) The Reserve Bank shall make an application under this section for the winding up of a banking company if it is directed so to do by an order under clause (b) of sub-section (4) of section 35. (3) The Reserve Bank may make an application under this section for the winding up of a banking company— (a) if the banking company— (i) has failed to comply with the requirements specified in section 11; or (ii) has by reason of the provisions of section 22 become disentitled to carry on banking business in India; or (iii) has been prohibited from receiving fresh deposits by an order under clause (a) of sub-section (4) of section 35 or under clause (b) of sub-section (3A) of section 42 of the Reserve Bank of India Act, 1934 (2 of 1934.); or (iv) having failed to comply with any requirement of this Act other than the requirements laid down in section 11, has continued such failure, or, having contravened any provision of this Act has continued such contravention beyond such period or periods as may be specified in that behalf by the Reserve Bank from time to time, after notice in writing of such failure or contravention has been conveyed to the banking company; or 1. Subs. by Act 52 of 1953, s. 4, for “Court” (w.e.f. 30-12-1953). 2. Ins. by s. 5, ibid. (w.e.f. 30-12-1953). 3. Ins. by Act 33 of 1959, s. 25 (w.e.f. 1-10-1959). 4. Subs. by s. 26, ibid., for section 38 (w.e.f. 1- 10-1959). 49 ----- (b) if in the opinion of the Reserve Bank— (i) a compromise or arrangement sanctioned by a Court in respect of the banking company cannot be worked satisfactorily with or without modifications; or (ii) the returns, statements or information furnished to it under or in pursuance of the provisions of this Act disclose that the banking company is unable to pay its debts; or (iii) the continuance of the banking company is prejudicial to the interests of its depositors. (4) Without prejudice to the provisions contained in section 434 of the Companies Act, 1956 (1 of 1956), a banking company shall be deemed to be unable to pay its debts if it has refused to meet any lawful demand made at any of its offices or branches within two working days, if such demand is made at a place where there is an office, branch or agency of the Reserve Bank, or within five working days, if such demand is made elsewhere, and if the Reserve Bank certifies in writing that the banking company is unable to pay its debts. (5) A copy of every application made by the Reserve Bank under sub-section (1) shall be sent by the Reserve Bank to the registrar.] 1[38A. Court Liquidator.—(1) There shall be attached to every High Court a court liquidator to be appointed by the Central Government for the purpose of conducting all proceedings for the winding up of banking companies and performing such other duties in reference thereto as the High Court may impose. 2* - - - (4) Where having regard to the number of banking companies wound up and other circumstances of the case, the Central Government is of opinion that it is not necessary or expedient to attach for the time being a court liquidator to a High Court, it may, from time to time, by notification in the Official Gazette, direct that this section shall not have effect in relation to that High Court.] **3[39. Reserve Bank to be official Liquidator.—4[(1)] Notwithstanding anything contained in** section 38A of this Act or in section 448 or section 449 of the Companies Act, 1956 (1 of 1956), where in any proceeding for the winding up by the High Court of a banking company, an application is made by the Reserve Bank in this behalf, the Reserve Bank, the State Bank of India or any other bank notified by the Central Government in this behalf or any individual, as stated in such application shall be appointed as the official liquidator of the banking company in such proceeding and the liquidator, if any, functioning in such proceeding shall vacate office upon such appointment.] 5[(2) Subject to such directions as may be made by the High Court, the remuneration of the official liquidator appointed under this section, the cost and expenses of his establishment and the cost and expenses of the winding up shall be met out of the assets of the banking company which is being wound up, and notwithstanding anything to the contrary contained in any other law for the time being in force, no fees shall be payable to the Central Government, out of the assets of the banking company.] 6[39A. Application of Companies Act to liquidators.—(1) All the provisions of the Companies Act, 1956 (1 of 1956), relating to a liquidator, in so far as they are not inconsistent with this Act, shall apply to or in relation to a liquidator appointed under section 38A or section 39. 1. Ins. by Act 52 of 1953, s. 6 (w.e.f. 30-12-1953). 2. Omitted by Act 95 of 1956, s. 14 and Schedule (w.e.f. 14-1-1957). 3. Section 39 has been amended by Acts 52 of 1953, sections 4 and 7; Act 23 of 1955, s. 53 and the Fourth Schedule; Act 79 of 1956, s. 43 and the Second Schedule; Act 95 of 1956, s. 14 and the Schedule; Act 33 of 1959, s. 27 and Act 37 of 1960, s. 2 to read as above. 4. Section 39 re-numbered as sub-section (1) thereof by Act 58 of 1968, s. 16 (retrospectively). 5. Ins. by s. 16, ibid. (with retrospective effect). 6. Ins. by Act 33 of 1959, s. 28 (w.e.f. 1-10-1959). 50 ----- (2) Any reference to the “official liquidator” in this Part and Part IIIA shall be construed as including a reference to any liquidator of a banking company.] **40. Stay of proceedings.— Notwithstanding anything to the contrary contained in [1][section 466 of** the Companies Act, 1956 (1 of 1956)], the [2][High Court] shall not make any order staying the proceedings in relation to the winding up of a banking company, unless the [2][High Court] is satisfied that an arrangement has been made whereby the company can pay its depositors in full as their claims accrue. 3[41. Preliminary report by official liquidator.—Notwithstanding anything to the contrary contained in section 455 of the Companies Act, 1956 (1 of 1956), where a winding up order has been made in respect of a banking company whether before or after the commencement of the Banking Companies (Second Amendment) Act, 1960 (37 of 1960), the official liquidator shall submit a preliminary report to the High Court within two months from the date of the winding up order or where the winding up order has been made before such commencement, within two months from such commencement, giving the information required by that section so far as it is available to him and also stating the amount of assets of the banking company in cash which are in his custody or under his control on the date of the report and the amount of its assets which are likely to be collected in cash before the expiry of that period of two months in order that such assets may be applied speedily towards the making of preferential payments under section 530 of the Companies Act, 1956 and in the discharge, as far as possible, of the liabilities and obligations of the banking company to its depositors and other creditors in accordance with the provisions hereinafter contained; and the official liquidator shall make for the purposes aforesaid every endeavour to collect in cash as much of the assets of the banking company as practicable. **41A. Notice to preferential claimants and secured and unsecured creditors.—(1) Within fifteen** days from the date of the winding up order of a banking company or where the winding up order has been made before the commencement of the Banking Companies (Second Amendment) Act, 1960 (37 of 1960), within one month from such commencement, the official liquidator shall, for the purpose of making an estimate of the debts and liabilities of the banking company (other than its liabilities and obligations to its depositors), by notice served in such manner as the Reserve Bank may direct, call upon— (a) every claimant entitled to preferential payment under section 530 of the Companies Act, 1956 (1 of 1956), and (b) every secured and every unsecured creditor, to send to the official liquidator within one month from the date of the service of the notice a statement of the amount claimed by him. (2) Every notice under sub-section (1) sent to a claimant having a claim under section 530 of the Companies Act, 1956 (1 of 1956), shall state that if a statement of the claim is not sent to the official liquidator before the expiry of the period of one month from the date of the service, the claim shall not be treated as a claim entitled to be paid under section 530 of the Companies Act, 1956, in priority to all other debts but shall be treated as an ordinary debt due by the banking company. (3) Every notice under sub-section (1) sent to a secured creditor shall require him to value his security before the expiry of the period of one month from the date of the service of the notice and shall state that if a statement of the claim together with the valuation of the security is not sent to the official liquidator before the expiry of the said period, then, the official liquidator shall himself value the security and such valuation shall be binding on the creditor. 1. Subs. by Act 95 of 1956, s. 14 and Schedule, for “section 173 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 14-1-1957). 2. Subs. by Act 52 of 1953, s. 4, for “Court” (w.e.f. 30-12-1953). 3. Subs. by Act 37 of 1960, s. 3, for s. 41. 51 ----- (4) If a claimant fails to comply with the notice sent to him under sub-section (1), his claim will not be entitled to be paid under section 530 of the Companies Act, 1956 (1 of 1956), in priority to all other debts but shall be treated as an ordinary debt due by the banking company; and if a secured creditor fails to comply with the notice sent to him under sub-section (1), the official liquidator shall himself value the security and such valuation shall be binding on the creditor.] **42. Power to dispense with meetings of creditors, etc.—Notwithstanding anything to the contrary** contained in [1][ [2][section 460] of the Companies Act, 1956 (1 of 1956)], the [3][High Court] may, in the proceedings for winding up a banking company, dispense with any meetings of creditors or contributories [4]*** if it considers that no object will be secured thereby sufficient to justify the delay and expense. 5[43. Booked depositors' credits to be deemed proved.—In any proceeding for the winding up of a banking company, every depositor of the banking company shall be deemed to have filed his claim for the amount shown in the books of the banking company as standing to his credit and, notwithstanding anything to the contrary contained in [6][section 474 of the Companies Act, 1956 (1 of 1956)] the High Court shall presume such claims to have been proved, unless the official liquidator shows that there is reason for doubting its correctness.] 7[43A. Preferential payments to depositors.—(1) In every proceeding for the winding-up of a banking company where a winding up order has been made, whether before or after the commencement of the Banking Companies (Second Amendment) Act, 1960 (37 of 1960), within three months from the date of the winding up order or where the winding up order has been made before such commencement, within three months therefrom, the preferential payments referred to in section 530 of the Companies Act, 1956 (1 of 1956), in respect of which statements of claims have been sent within one month from the date of the service of the notice referred to in section 41A, shall be made by the official liquidator or adequate provision for such payments shall be made by him. (2) After the preferential payments as aforesaid have been made or adequate provision has been made in respect thereof, there shall be paid within the aforesaid period of three months— (a) in the first place, to every depositor in the savings bank account of the banking company a sum of two hundred and fifty rupees or the balance at his credit, whichever is less; and thereafter, (b) in the next place, to every other depositor of the banking company a sum of two hundred and fifty rupees or the balance at his credit, whichever is less, in priority to all other debts from out of the remaining assets of the banking company available for payment to general creditors: Provided that the sum total of the amounts paid under clause (a) and clause (b) to any one person who in his own name (and not jointly with any other person) is a depositor in the savings bank account of the banking company and also a depositor in any other account, shall not exceed the sum of two hundred and fifty rupees. (3) Where within the aforesaid period of three months full payment cannot be made of the amounts required to be paid under clause (a) or clause (b) of sub-section (2) with the assets in cash, the official liquidator shall pay within that period to every depositor under that clause (a) or, as the case may be, clause (b) of that sub-section on a _pro rata basis so much of the amount due to the_ 1. Subs. by Act 95 of 1956, s. 14 and the Schedule, for “sections 178A and 183 of the Indian Companies Act 1913 (7 of 1913)” (w.e.f. 14-1-1957). 2. Subs. by Act 1 of 1984, s. 33, for “sections 460, 464, and 465” (w.e.f. 15-2-1984). 3. Subs. by Act 52 of 1953, s. 4, for “Court” (w.e.f. 30-12-1953). 4. The words “or with the appointment of a committee of inspection” omitted by Act 1 of 1984, s. 33 (w.e.f. 15-2-1984). 5. Subs. by Act 52 of 1953, s. 8, for section 43 (w.e.f. 30-12-1953). 6. Subs. by Act 95 of 1956, s. 14 and the Schedule, for “section 191 of the Indian Companies Act 1913 (7 of 1913)” (w.e.f. 14-1-1957). 7. Subs. by Act 37 of 1960, s. 4, for section 43A (w.e.f. 19-9-1960). 52 ----- depositor under that clause as the official liquidator is able to pay with those assets; and shall pay the rest of that amount to every such depositor as and when sufficient assets are collected by the official liquidator in cash. (4) After payments have been made first to depositors in the savings bank account and then to the other depositors in accordance with the foregoing provisions, the remaining assets of the banking company available for payment to general creditors shall be utilised for payment on a pro rata basis of the debts of the general creditors and of the further sums, if any, due to the depositors; and after making adequate provision for payment on a pro rata basis as aforesaid of the debts of the general creditors, the official liquidator shall, as and when the assets of the company are collected in cash, make payment on a _pro rata basis as aforesaid, of the further sums, if any, which may remain due to the depositors_ referred to in clause (a) and clause (b) of sub-section (2). (5) In order to enable the official liquidator to have in his custody or under his control in cash as much of the assets of the banking company as possible, the securities given to every secured creditor may be redeemed by the official liquidator— (a) where the amount due to the creditor is more than the value of the securities as assessed by him or, as the case may be, as assessed by the official liquidator, on payment of such value; and (b) where the amount due to the creditor is equal to or less than the value of the securities as so assessed, on payment of the amount due: Provided that where the official liquidator is not satisfied with the valuation made by the creditor, he may apply to the High Court for making a valuation. (6) When any claimant, creditor or depositor to whom any payment is to be made in accordance with [1][the provisions of this section], cannot be found or is not readily traceable, adequate provision shall be made by the official liquidator for such payment. (7) For the purposes of this section, the payments specified in each of the following clauses shall be treated as payments of a different class, namely:— (a) payments to preferential claimants under section 530 of the Companies Act, 1956 (1 of 1956); (b) payments under clause (a) of sub-section (2) to the depositors in the savings bank account; (c) payments under clause (b) of sub-section (2) to the other depositors; (d) payments to the general creditors and payments to the depositors in addition to those specified in clause (a) and clause (b) of sub-section (2). (8) The payments of each different class specified in sub-section (7) shall rank equally among themselves and be paid in full unless the assets are insufficient to meet them, in which case they shall abate in equal proportion.]] 2[(9) Nothing contained in sub-sections (2), (3), (4), (7) and (8) shall apply to a banking company in respect of the depositors of which the Deposit Insurance Corporation is liable under section 16 of the Deposit Insurance Corporation Act, 1961 (47 of 1961). (10) After preferential payments referred to in sub-section (1) have been made or adequate provision has been made in respect thereof, the remaining assets of the banking company referred to in sub-section (9) available for payment to general creditors shall be utilised for payment on _pro rata_ basis of the debts of the general creditors and of the sums due to the depositors: Provided that where any amount in respect of any deposit is to be paid by the liquidator to the Deposit Insurance Corporation under section 21 of the Deposit Insurance Corporation Act, 1961 (47 of 1961), only the balance, if any, left after making the said payment shall be payable to the depositor.] 1. Subs. by Act 47 of 1961, s. 51 and Second Schedule, for “the foregoing provisions” (w.e.f. 1-1-1962). 2. Ins. by s. 51 and the Second Schedule, ibid. (w.e.f. 1-1-1962). 53 ----- 1[44. Powers of High Court in voluntary winding up.—(1) Notwithstanding anything to the contrary contained in section 484 of the Companies Act, 1956 (1 of 1956), no banking company may be voluntarily wound up unless the Reserve Bank certifies in writing that the company is able to pay in full all its debts to its creditors as they accrue. (2) The High Court may, in any case where a banking company is being wound up voluntarily, make an order that the voluntary winding up shall continue, but subject to the supervision of the court. (3) Without prejudice to the provisions contained in sections 441 and 521 of the Companies Act, 1956 (1 of 1956), the High Court may of its own motion and shall on the application of the Reserve Bank, order the winding up of a banking company by the High Court in any of the following cases, namely:— (a) where the banking company is being wound up voluntarily and at any stage during the voluntary winding up proceedings the company is not able to meet its debts as they accrue; or (b) where the banking company is being wound up voluntarily or is being wound up subject to the supervision of the court and the High Court is satisfied that the voluntary winding up or winding up subject to the supervision of the court cannot be continued without detriment to the interests of the depositors.] 2[44A. Procedure for amalgamation of banking companies.—(1) Notwithstanding anything contained in any law for the time being in force, no banking company shall be amalgamated with another banking company, unless a scheme containing the terms of such amalgamation has been placed in draft before the shareholders of each of the banking companies concerned separately, and approved by a resolution passed by a majority in number representing two-thirds in value of the shareholders of each of the said companies, present either in person or by proxy at a meeting called for the purpose. (2) Notice of every such meeting as is referred to in sub-section (1) shall be given to every shareholder of each of the banking companies concerned in accordance with the relevant articles of association indicating the time, place and object of the meeting, and shall also be published at least once a week for three consecutive weeks in not less than two newspapers which circulate in the locality or localities where the registered offices of the banking companies concerned are situated, one of such newspapers being in a language commonly understood in the locality or localities. (3) Any shareholder, who has voted against the scheme of amalgamation at the meeting or has given notice in writing at or prior to the meeting to the company concerned or to the presiding officer of the meeting that he dissents from the scheme of amalgamation, shall be entitled, in the event of the scheme being sanctioned by the Reserve Bank, to claim from the banking company concerned, in respect of the shares held by him in that company, their value as determined by the Reserved Bank when sanctioning the scheme and such determination by the Reserve Bank as to the value of the shares to be paid to the dissenting share holder shall be final for all purposes. (4) If the scheme of amalgamation is approved by the requisite majority of shareholders in accordance with the provisions of this section it shall be submitted to the Reserve Bank for sanction and shall, if sanctioned by the Reserve Bank by an order in writing passed in this behalf, be bindings on the banking companies concerned and also on all the shareholders thereof. 3* - - - (6) On the sanctioning of a scheme of amalgamation by the Reserve Bank, the property of the amalgamated banking company shall, by virtue of the order of sanction, be transferred to and vest in, and the liabilities of the said company shall, by virtue of the said order be transferred to, and become the liabilities of, the banking company which under the scheme of amalgamation is to acquire the 1. Subs. by Act 33 of 1959, s. 30, for section 44 (w.e.f. 1- 10-1959). 2. Ins. by Act 20 of 1950, s. 8. 3. Omitted by Act 55 of 1963, s. 19 (w.e.f. 1-2- 1964). 54 ----- business of the amalgamated banking company, subject in all cases to [1][the provisions of the scheme as sanctioned].] 2[(6A) Where a scheme of amalgamation is sanctioned by the Reserve Bank under the provisions of this section, the Reserve Bank may, by a further order in writing, direct that on such date as may be specified therein the banking company (hereinafter in this section referred to as the amalgamated banking company) which by reason of the amalgamation will cease to function, shall stand dissolved and any such direction shall take effect notwithstanding anything to the contrary contained in any other law. (6B) Where the Reserve Bank directs a dissolution of the amalgamated banking company, it shall transmit a copy of the order directing such dissolution to the Registrar before whom the banking company has been registered and on receipt of such order the Registrar shall strike off the name of the company. (6C) An order under sub-section (4) whether made before or after the commencement of section 19 of the Banking Laws (Miscellaneous Provisions) Act, 1963 (55 of 1963) shall be conclusive evidence that all the requirements of this section relating to amalgamation have been complied with, and a copy of the said order certified in writing by an officer of the Reserve Bank to be true copy of such order and a copy of the scheme certified in the like manner to be a true copy thereof shall, in all legal proceedings (whether in appeal or otherwise and whether instituted before or after the commencement of the said section 19), be admitted as evidence to the same extent as the original order and the original scheme.] 3[(7) Nothing in the foregoing provisions of this section shall affect the power of the Central Government to provide for the amalgamation of two or more banking companies [4]*** under section 396 of the Companies Act, 1956 (1 of 1956); Provided that no such power shall be exercised by the Central Government except after consultation with the Reserve Bank.] 5[ 6[44B.] Restriction on compromise or arrangement between banking company and **creditors.—[7][(1)] Notwithstanding anything contained in any law for the time being in force, no [8][High** Court] shall sanction a compromise or arrangement between a banking company and its creditors or any class of them or between such company and its members or any class of them [9][or sanction any modification in any such compromise or arrangement unless the compromise or arrangement or modification, as the case may be,] is certified by the Reserve Bank [10][in writing as not being incapable of being worked and as not being detrimental to the interests of the depositors of such banking company].] 11[(2) Where an application under 12[section 391 of the Companies Act, 1956 (1 of 1956)] is made in respect of a banking company, the High Court may direct the Reserve Bank to make an inquiry in relation to the affairs of the banking company and the conduct of its directors and when such a direction is given, the Reserve Bank shall make such inquiry and submit its report to the High Court.] 1. Subs. by Act 55 of 1963, s. 19, for “the terms of the order sanctioning the scheme” (w.e.f. 1-2-1964). 2. Ins. by s. 19, ibid. (w.e.f. 1-2-1964). 3. Ins. by Act 37 of 1960, s. 5 (w.e.f. 19-9-1960). 4. The words “in national interest” omitted by Act 7 of 1961, s. 3 (w.e.f. 24-3-1961). 5. Subs. by Act 20 of 1950, s. 9, for section 45 (w.e.f. 18-3-1950). 6. Section 45 renumbered as section 44B by Act 37 of 1960, s. 6 (w.e.f.19-9-1960). 7. Section 44B re-numbered as sub-section (1) thereof by Act 52 of 1953, s. 9 (w.e.f. 30-12-1953). 8. Subs. by s. 4, ibid., for “Court” (w.e.f. 30-12-1953). 9. Subs. by Act 55 of 1963, s. 20, for “unless the compromise or arrangement” (w.e.f. 1-2-1964). 10. Subs. by Act 52 of 1953, s. 9, for “as not being detrimental to the interests of the depositors of such company” (w.e.f. 30-11-1953). 11. Ins. by s. 9, ibid. (w.e.f. 30-12-1953). 12. Subs. by Act 95 of 1956, s. 14 and the Schedule, for “section 153 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 14-1-1957). 55 ----- 1[45. Power of Reserve Bank to apply to Central Government for suspension of business by a **banking company and to prepare scheme of** **2[reconstruction] or amalgamation.—(1)** Notwithstanding anything contained in the foregoing provisions of this Part or in any other law or 3[any agreement or other instrument], for the time being in force, where it appears to the Reserve Bank that there is good reason so to do, the Reserve Bank may apply to the Central Government for an order of moratorium in respect of [4][a banking company]. (2) The Central Government, after considering the application made by the Reserve Bank under sub-section (1), may make an order of moratorium staying the commencement or continuance of all actions and proceedings against the company for a fixed period of time on such terms and conditions as it thinks fit and proper and may from time to time extend the period so however that the total period of moratorium shall not exceed six months. (3) Except as otherwise provided by any directions given by the Central Government in the order made by it under sub-section (2) or at any time thereafter, the banking company shall not during the period of moratorium make any payment to any depositors or discharge any liabilities or obligations to any other creditors [5][or grant any loans or advances or make investments in any credit instruments]. 6[(4) During the period of moratorium 5[or at any other time], if the Reserve Bank is satisfied that— (a) in the public interest; or (b) in the interests of the depositors; or (c) in order to secure the proper management of the banking company; or (d) in the interests of the banking system of the country as a whole, it is necessary so to do, the Reserve Bank may prepare a scheme— (i) for the reconstruction of the banking company, or (ii) for the amalgamation of the banking company with any other banking institution (in this section referred to as “the transferee bank”).] (5) The scheme aforesaid may contain provisions for all or any of the following matters, namely:— (a) the constitution, name and registered office, the capital, assets, powers, rights, interests, authorities and privileges, the liabilities, duties and obligations of the banking company on its reconstruction or, as the case may be, of the transferee bank; (b) in the case of amalgamation of the banking company, the transfer to the transferee bank of the business, properties, assets and liabilities of the banking company on such terms and conditions as may be specified in the scheme; (c) and change in the Board of directors, or the appointment of a new Board of directors, of the banking company on its reconstruction or, as the case may be, of the transferee bank and the authority by whom, the manner in which, and the other terms and conditions on which, such change or appointment shall be made and in the case of appointment of a new Board of directors or of any director, the period for which such appointment shall be made; 1. Ins. by Act 37 of 1960, s. 6 (w.e.f. 19-9-1960). 2. subs. by Act 39 of 2020, s. 3, for “reconstitution” (w.e.f. 26-6-2020). 3. Subs. by Act 7 of 1961, s. 4, for “any agreement” (w.e.f. 24-3-1961). 4. Subs. by s. 4, ibid., for “the banking company”(w.e.f. 24-3-1961). 5. Ins. by Act 39 of 2020, s. 3 (w.e.f. 26-6-2020). 6. Subs. by Act 7 of 1961, s. 4, for sub-sections (4) to (9) (w.e.f. 24-3-1961). 56 ----- (d) the alteration of the memorandum and articles of association of the banking company on its reconstruction or, as the case may be, of the transferee bank for the purpose of altering the capital thereof or for such other purposes as may be necessary to give effect to the reconstruction or amalgamation; (e) subject to the provisions of the scheme, the continuation by or against the banking company on its reconstruction or, as the case may be, the transferee bank, of any actions or proceedings pending against the banking company immediately before the [1][reconstruction or amalgamation]; (f) the reduction of the interest or rights which the members depositors and other creditors have in or against the banking company before its reconstruction or amalgamation to such extent as the Reserve Bank considers necessary in the public interest or in the interests of the members, depositors and other creditors or for the maintenance of the business of the banking company; (g) the payment in cash or otherwise to depositors and other creditors in full satisfaction of their claim— (i) in respect of their interest or rights in or against the banking company before its reconstruction or amalgamation; or (ii) where their interest or rights aforesaid in or against the banking company has or have been reduced under clause (f), in respect of such interest or rights as so reduced; (h) the allotment to the members of the banking company for shares held by them therein before its reconstruction or amalgamation [whether their interest in such shares has been reduced under clause (f) or not], of shares in the banking company on its reconstruction or, as the case may be, in the transferee bank and where any members claim payment in cash and not allotment of shares, or where it is not possible to allot shares to any members, the payment in cash to those members in full satisfaction of their claim— (i) in respect of their interest in shares in the banking company before its reconstruction or amalgamation; or (ii) where such interest has been reduced under clause (f) in respect of their interest in shares as so reduced; (i) the continuance of the services of all the employees of the banking company (excepting such of them as not being workmen within the meaning of the Industrial Disputes Act, 1947 (14 of 1947) are specifically mentioned in the scheme) in the banking company itself on its reconstruction or, as the case may be, in the transferee bank at the same remuneration and on the same terms and conditions of service, which they were getting or, as the case may be, by which they were being governed, immediately before the [1][reconstruction or amalgamation]: Provided that the scheme shall contain a provision that— (i) the banking company shall pay or grant not later than the expiry of the period of three years from the date on which the scheme is sanctioned by the Central Government, to the said employees the same remuneration and the same terms and conditions of service [2][as are, at the time of such payment or grant, applicable] to employees of corresponding rank or status of a comparable banking company to be determined for this purpose by the Reserve Bank (whose determination in this respect shall be final); (ii) the transferee bank shall pay or grant not later than the expiry of the aforesaid period of three years, to the said employees the same remuneration and the same terms and conditions of service [2][as are, at the time of such payment or grant, applicable] to the other employees of corresponding rank or status of the transferee bank subject to the qualifications and experience of the said employees being the same as or equivalent to those of such other employees of the transferee bank: 1. Subs. by Act 39 of 2020, s. 3, for “date of the order of moratorium” (w.e.f. 26-6-2020). 2. Subs. by Act 1 of 1984, s. 34, for “as are applicable” (w.e.f. 15-2-1984). 57 ----- Provided further that if in any case under clause (ii) of the first proviso any doubt or difference arises as to whether the qualification and experience of any of the said employees are the same as or equivalent to the qualifications and experience of the other employees of corresponding rank or status of the transferee bank, [1][the doubt or difference shall be referred, before the expiry of a period of three years from the date of the payment or grant mentioned in that clause,] to the Reserve Bank whose decision thereon shall be final; (j) notwithstanding anything contained in clause (i) where any of the employees of the banking company not being workmen within the meaning of the Industrial Disputes Act, 1947 (14 of 1947) are specifically mentioned in the scheme under clause (i), or where any employees of the banking company have by notice in writing given to the banking company or, as the case may be, the transferee bank at any time before the expiry of the one month next following the date on which the scheme is sanctioned by the Central Government, intimated their intention of not becoming employees of the banking company on its reconstruction or, as the case may be, of the transferee bank, the payment to such employees of compensation if any, to which they are entitled under the Industrial Disputes Act, 1947 (14 of 1947), and such pension, gratuity, provident fund and other retirement benefits ordinarily admissible to them under the rules or authorisations of the banking company immediately before the [2][reconstruction or amalgamation]; (k) any other terms and conditions for the reconstruction or amalgamation of the banking company; (l) such incidental, consequential and supplemental matters as are necessary to secure that the reconstruction or amalgamation shall be fully and effectively carried out. (6) (a) A copy of the scheme prepared by the Reserve Bank shall be sent in draft to the banking company and also to the transferee bank and any other banking company concerned in the 3[reconstruction or amalgamation], for suggestions and objections, if any, within such period as the Reserve Bank may specify for this purpose. (b) The Reserve Bank may make such modifications, if any, in the draft scheme as it may consider necessary in the light of the suggestions and objections received from the banking company and also from the transferee bank, and any other banking company concerned in the amalgamation and from any members, depositors or other creditors of each of those companies and the transferee bank. (7) The scheme shall thereafter be placed before the Central Government for its sanction and the Central Government may sanction the scheme without any modifications or with such modifications as it may consider necessary; and the scheme as sanctioned by the Central Government shall come into force on such date as the Central Government may specify in this behalf: Provided that different dates may be specified for different provisions of the scheme. 4[(7A) The sanction accorded by the Central Government under sub-section (7), whether before or after the commencement of section 21 of the Banking Laws (Miscellaneous Provisions) Act, 1963 (55 of 1963), shall be conclusive evidence that all the requirements of this section relating to reconstruction, or, as the case may be, amalgamation have been complied with and a copy of the sanctioned scheme certified in writing by an officer of the Central Government to be a true copy thereof, shall, in all legal proceedings (whether in appeal or otherwise and whether instituted before or after the commencement of the said section 21), be admitted as evidence to the same extent as the original scheme.] 1. Subs. by Act 11 of 1984, s. 34, for “the doubt or difference shall be referred” (w.e.f. 15-2-1984). 2. Subs. by Act 39 of 2020, s. 3, for “date of the order of moratorium” (w.e.f. 26-6-2020). 3. Subs. by s. 3, ibid., for “amalgamation” (w.e.f. 26-6-2020). 4. Ins. by Act 55 of 1963, s. 21 (w.e.f. 1-2-1964). 58 ----- (8) On and from the date of the coming into operation of the scheme or any provision thereof, the scheme or such provision shall be binding on the banking company or, as the case may be, on the transferee bank and any other banking company concerned in the amalgamation and also on all the members, depositors and other creditors and employees of each of those companies and of the transferee bank, and on any other person having any right or liability in relation to any of those companies or the transferee bank [1][including the trustees or other persons managing, or connected in any other manner with, any provident fund or other fund maintained by any of those companies or the transferee bank.] (9) [2][On and from the date of the coming into operation of, or as the case may be, the date specified in this behalf in the scheme] the properties and assets of the banking company shall, by virtue of and to the extent provided in the scheme, stand transferred to, and vest in, and the liabilities of the banking company shall, by virtue of and to the extent provided in the scheme, stand transferred to, and become the liabilities of the transferee bank. (10) If any difficulty arises in giving effect to the provisions of the scheme, the Central Government may by order do anything not inconsistent with such provisions which appears to it necessary or expedient for the purpose of removing the difficulty. (11) Copies of the scheme or of any order made under sub-section (10) shall be laid before both Houses of Parliament, as soon as may be, after the scheme has been sanctioned by the Central Government, or, as the case may be, the order has been made. (12) Where the scheme is a scheme for amalgamation of the banking company, any business acquired by the transferee bank under the scheme or under any provision thereof shall, after the coming into operation of the scheme or such provision, be carried on by the transferee bank in accordance with the law governing the transferee bank, subject to such modifications in that law or such exemptions of the transferee bank from the operation of any provisions thereof as the Central Government on the recommendation of the Reserve Bank may, by notification in the Official Gazette, make for the purpose of giving full effect to the scheme: Provided that no such modification or exemption shall be made so as to have effect for a period of more than seven years from the date of the acquisition of such business. (13) Nothing in this section shall be deemed to prevent the amalgamation with a banking institution by a single scheme of several banking companies in respect of each of which an order of moratorium has been made under this section. (14) The provisions of this section and of any scheme made under it shall have effect notwithstanding anything to the contrary contained in any other provisions of this Act or in any other law or any agreement, award or other instrument for the time being in force. (15) In this section, “banking institution” means any banking company and includes the State Bank of India [3]*** [2][or a corresponding new bank]. 1[Explanation.—References in this section to the terms and conditions of service of as applicable to an employee shall not be construed as extending to the rank and status of such employee.] 4[PART IIIA SPECIAL PROVISIONS FOR SPEEDY DISPOSAL OF WINDING UP PROCEEDINGS **45A. Part IIIA to override other laws.—The provisions of this Part and the rules made thereunder** shall have effect notwithstanding anything inconsistent therewith contained in the 1. Ins. by Act 1 of 1984, s. 34 (w.e.f. 15-2-1984). 2. Subs. by s. 34, ibid., for certain words (w.e.f 15-2-1984). 3. The words “or a subsidiary bank” omitted by Act 39 of 2020, s. 3 (w.e.f. 26-6-2020). 4. Subs. by Act 52 of 1953, s. 10, for Part IIIA (w.e.f. 30-12-1953). 59 ----- 1[Companies Act, 1956 (1 of 1956)] or the Code of Civil Procedure, 1908 (5 of 1908) of the 2[Code of Criminal Procedure, 1973 (2 of 1974)] or any other law for the time being in force or any instrument having effect by virtue of any such law; but the provisions of any such law or instrument in so far as the same are not varied by, or inconsistent with, the provisions of this Part or rules made thereunder shall apply to all proceedings under this Part. **45B. Power of High Court to decide all claims in respect of banking companies.—The High** Court shall, save as otherwise expressly provided in section 45C, have exclusive jurisdiction to entertain and decide any claim made by or against a banking company which is being wound up (including claims by or against any of its branches in India) or any application made under [3][section 391 of the Companies Act, 1956 (1 of 1956)] by or in respect of a banking company or any question of priorities or any other question whatsoever, whether of law or fact, which may relate to or arise in the course of the winding up of a banking company, whether such claim or question has arisen or arises or such application has been made or is made before or after the date of the order for the winding up of the banking company or before or after the commencement of the Banking Companies (Amendment) Act, 1953 (52 of 1953). **45C. Transfer of pending proceedings.—(1) Where a winding up order is made or has been made** in respect of a banking company, no suit or other legal proceeding, whether civil or criminal, in respect of which the High Court has jurisdiction under this Act and which is pending in any other court immediately before the commencement of the Banking Companies (Amendment) Act, 1953 (52 of 1953), or the date of the order for the winding up of the banking company, whichever is later, shall be proceeded with except in the manner hereinafter provided. (2) The official liquidator shall, within three months from the date of the winding up order or the commencement of the Banking Companies (Amendment) Act, 1953 (52 of 1953), whichever is later, or such further time as the High Court may allow, submit to the High Court a report containing a list of all such pending proceedings together with particulars thereof. (3) On receipt of a report under sub-section (2), the High Court may, if it so thinks fit, give the parties concerned an opportunity to show cause why the proceedings should not be transferred to itself and after making an inquiry in such manner as may be provided by rules made under section 45U, it shall make such order as it deems fit transferring to itself all or such of the pending proceedings as may be specified in the order and such proceedings shall thereafter be disposed of by the High Court. (4) If any proceeding pending in a court is not so transferred to the High Court under sub-section (3), such proceeding shall be continued in the court in which the proceeding was pending. (5) Nothing in this section shall apply to any proceeding pending in appeal before the Supreme Court or a High Court. **45D. Settlement of list of debtors.—(1) Notwithstanding anything to the contrary contained in any** law for the time being in force, the High Court may settle in the manner hereinafter provided a list of debtors of a banking company which is being wound up. (2) Subject to any rules that may be made under section 52, the official liquidator shall, within six months from the date of the winding up order or the commencement of the Banking Companies (Amendment) Act, 1953 (52 of 1953), whichever is later, from time to time, file 88H to the High Court lists of debtors containing such particulars as are specified in the Fourth Schedule: Provided that such lists may, with the leave of the High Court, be filed after the expiry of the said period of six months. 1. Subs. by Act 95 of 1956, s. 14 and the Schedule, for “Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 14-1-1957). 2. Subs. by Act 1 of 1984, s. 35, for “Code of Criminal Procedure 1898 (5 of 1898)” (w.e.f. 15-2-1984). 3. Subs. by Act 95 of 1956, s. 14 and the Schedule, for “section 153 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 14-1-1957). 60 ----- (3) On receipt of any list under sub-section (2), the High Court shall, wherever necessary, cause notices to be issued on all persons affected and after making an inquiry in such manner as may be provided by rules made under section 45U, it shall make an order settling the list of debtors: Provided that nothing in this section shall debar the High Court from settling any such list in part as against such of the persons whose debts have been settled without settling the debts of all the persons placed on the list. (4) At the time of the settlement of any such list, the High Court shall pass an order for the payment of the amount due by each debtor and make such further orders as may be necessary in respect of the relief claimed, including reliefs against any guarantor or in respect of the realisation of any security. (5) Every such order shall, subject to the provisions for appeal, be final and binding for all purposes as between the banking company on the one hand and the person against whom the order is passed and all persons claiming through or under him on the other hand, and shall be deemed to be a decree in a suit. (6) In respect of every such order, the High Court shall issue a certificate specifying clearly the reliefs granted and the names and descriptions of the parties whom such reliefs have been granted, the amount of costs awarded and by whom, and out of what funds and in what proportions, such costs are to be paid; and every such certificate shall be deemed to be a certified copy of the decree for all purposes including execution. (7) At the time of settling the list of debtors or at any other time prior or subsequent thereto, the High Court shall have power to pass any order in respect of a debtor on the application of the official liquidator for the realisation, management, protection, preservation or sale of any property given as security to the banking company and to give such powers to the official liquidator to carry out the aforesaid directions as the High Court thinks fit. (8) The High Court shall have power to sanction a compromise in respect of any debt and to order the payment of any debt by instalments. (9) In any case in which any such list is settled _ex parte as against any person, such person may,_ within thirty days from the date of the order settling the list, apply to the High Court for an order to vary such list, so far as it concerns him, and if the High Court is satisfied that he was prevented by any sufficient cause from appearing on the date fixed for the settlement of such list and that he has a good defence to the claim of the banking company on merits, the High Court may vary the list and pass such orders in relation thereto as it thinks fit: Provided that the High Court may, if it so thinks fit, entertain the application after the expiry of the said period of thirty days. (10) Nothing in this section shall— (a) apply to a debt which has been secured by a mortgage of immovable property, if a third party has any interest in such immovable property; or (b) prejudice the rights of the official liquidator to recover any debt due to a banking company under any other law for the time being in force. **45E. Special provisions to make calls on contributories.— Notwithstanding that the list of the** contributories has not been settled under [1][section 467 of the Companies Act, 1956 (1 of 1956)], the High Court may, if it appears to it necessary or expedient so to do, at any time after making a winding up order, make a call on and order payment thereof by any contributory under sub-section (1) of 2[section 470 of the Companies Act, 1956] if such contributory has been placed on the list of contributories by the official liquidator and has not appeared to dispute his liability. 1. Subs. by Act 95 of 1956, s. 14 and the Schedule, for “section 184 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 14-1-1957). 2. Subs. by s. 14 and the Schedule, ibid., for “section 187 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 14-1-1957). 61 ----- **45F. Documents of banking company to be evidence.—(1) Entries in the books of account or** other documents of a banking company which is being wound up shall be admitted in evidence in all 1[legal proceedings]; and all such entries may be proved either by the production of the books of account or other documents of the banking company containing such entries or by the production of a copy of the entries, certified by the official liquidator under his signature and stating that it is a true copy of the original entries and that such original entries are contained in the books of account or other documents of the banking company in his possession. (2) Notwithstanding anything to the contrary contained in the Indian Evidence Act, 1872 (1 of 1872) all such entries in the books of account or other documents of a banking company shall, as against the directors [2][officers and other employees] of the banking company in respect of which the winding up order has been made [3]***, be prima facie evidence of the truth of all matters purporting to be therein recorded. **45G. Public examination of directors and auditors.—(1) Where an order has been made for the** winding up of a banking company, the official liquidator shall submit a report whether in his opinion any loss has been caused to the banking company since its formation by any act or omission (whether or not a fraud has been committed by such act or omission) of any person in the promotion or formation of the banking company or of any director or auditor of the banking company. (2) If, on consideration of the report submitted under sub-section (1), the High Court is of opinion that any person who has taken part in the promotion or formation of the banking company or has been a director or an auditor of the banking company should be publicly examined, it shall hold a public sitting on a date to be appointed for that purpose and direct that such person, director or auditor shall attend thereat and shall be publicly examined as to the promotion or formation or the conduct of the business of the banking company, or as to his conduct and dealings, in so far as they relate to the affairs of the banking company: Provided that no such person shall be publicly examined unless he has been given an opportunity to show cause why he should not be so examined. (3) The official liquidator shall take part in the examination and for that purpose may, if specially authorised by the High Court in that behalf, employ such legal assistance as may be sanctioned by the High Court. (4) Any creditor or contributory may also take part in the examination either personally or by any person entitled to appear before the High Court. (5) The High Court may put such questions to the person examined as it thinks fit. (6) The person examined shall be examined on oath and shall answer all such questions as the High Court may put or allow to be put to him. (7) A person ordered to be examined under this section may, at his own cost, employ any person entitled to appear before the High Court who shall be at liberty to put to him such questions as the High Court may deem just for the purpose of enabling him to explain or qualify any answer given by him: Provided that if he is, in the opinion of the High Court, exculpated from any charges made or suggested against him, the High Court may allow him such costs in its discretion as it may deem fit. (8) Notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by, the person examined and may thereafter be used in evidence against him in any 1. Subs. by Act 55 of 1963, s. 22, for “proceedings by or against the banking company” (w.e.f. 1-2-1964). 2. Ins. by s. 22, ibid. (w.e.f. 1-2-1964). 3. The words, brackets and figures “before the commencement of the Banking Companies (Amendment) Act, 1953” omitted by s. 22, ibid. (w.e.f. 1-2-1964). 62 ----- proceeding, civil or criminal, and shall be open to the inspection of any creditor or contributory at all reasonable times. (9) Where on such examination, the High Court is of opinion (whether a fraud has been committed or not)— (a) that a person, who has been a director of the banking company, is not fit to be a director of a company, or (b) that a person, who has been an auditor of the banking company or a partner of a firm acting as such auditor, is not fit to act as an auditor of a company or to be a partner of a firm acting as such auditor, the High Court may make an order that person shall not, without the leave of the High Court, be a director of, or in any way, whether directly or indirectly, be concerned or take part in the management of any company or, as the case may be, act as an auditor of, or be a partner of a firm acting as auditors of, any company for such period not exceeding five years as may be specified in the order. **45H. Special provisions for assessing damages against delinquent directors, etc.—(1) Where an** application is made to the High Court under [1][section 543 of the Companies Act, 1956 (1 of 1956)] against any promoter, director, manager, liquidator or officer of a banking company for repayment or restoration of any money or property and the applicant makes out a _prima facie case against such_ person, the High Court shall make an order against such person to repay and restore the money or property unless he proves that he is not liable to make the repayment or restoration either wholly or in part: Provided that where such an order is made jointly against two or more such persons, they shall be jointly and severally liable to make the repayment or restoration of the money or property. (2) Where an application is made to the High Court under [1][section 543 of the Companies Act, 1956 (1 of 1956)] and the High Court has reason to believe that a property belongs to any promoter, director, manager, liquidator or officer of the banking company, whether the property stands in the name of such person or any other person as an ostensible owner, then the High Court may, at any time, whether before or after making an order under sub-section (1), direct the attachment of such property, or such portion thereof, as it thinks fit and the property so attached shall remain subject to attachment unless the ostensible owner can prove to the satisfaction of the High Court that he is the real owner and the provisions of the Code of Civil Procedure, 1908 (5 of 1908) relating to attachment of property shall, as far as may be, apply to such attachment. **45-I. Duty of directors and officers of banking company to assist in the realisation of** **property.—Every director or other officer of a banking company which is being wound up shall give** such assistance to the official liquidator as he may reasonably require in connection with the realisation and distribution of the property of the banking company. **45J. Special provisions for punishing offences in relation to banking companies being wound** **up.—(1) The High Court may, if it thinks fit, take cognizance of and try in a summary way any offence** alleged to have been committed by any person who has taken part in the promotion or formation of the banking company which is being wound up or by any director, manager or officer thereof: Provided that the offence is one punishable under this Act or under the [2][Companies Act, 1956 (1 of 1956)]. 1. Subs. by Act 95 of 1956, s. 14 and the Schedule, for “section 235 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 14-1-1957). 2. Subs. by s. 14 and the Schedule, ibid., for “Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 14-1-1957). 63 ----- (2) When trying any such offence as aforesaid, the High Court may also try any other offence not referred to in sub-section (1) which is an offence with which the accused may, under the [1][Code of Criminal Procedure 1973 (2 of 1974)] be charged at the same trial. (3) In any case tried summarily under sub-section (1), the High Court— (a) need not summon any witness, if it is satisfied that the evidence of such witness will not be material; (b) shall not be bound to adjourn a trial for any purpose unless such adjournment is, in the opinion of the High Court, necessary in the interests of justice; (c) shall, before passing any sentence, record judgment embodying the substance of the evidence and also the particulars specified in section 263 of the [1][Code of Criminal Procedure, 1973 (2 of 1974)] so far as that section may be applicable, and nothing contained in sub-section (2) of section 262 of the [1][Code of Criminal Procedure, 1973 (2 of 1974)] shall apply to any such trial. (4) All offences in relation to winding up alleged to have been committed by any person specified in sub-section (1) which are punishable under this Act or under the [1][Companies Act, 1956 (1 of 1956)] and which are not tried in a summary way under sub-section (1) shall, notwithstanding anything to the contrary contained in that Act or the [1][Code of Criminal Procedure, 1973 (2 of 1974)] or in any other law for the time being in force, be taken cognizance of and tried by a Judge of the High Court other than the Judge for the time being dealing with the proceedings for the winding up of the banking company. (5) Notwithstanding anything to the contrary contained in the [1][Code of Criminal Procedure, 1973 (2 of 1974)], the High Court may take cognizance of any offence under this section without the accused being committed to it for trial [2]***. **45K. [Power of High Court to enforce schemes of arrangements, etc.]** _Omitted by the Banking_ _Companies (Amendment) Act, 1959 (33 of 1959), s. 31 (w.e.f. 1-10-1959)._ **45L. Public examination of directors and auditors, etc., in respect of a banking company** **under schemes of arrangement.—(1) Where an application for sanctioning a compromise or** arrangement in respect of a banking company is made under [3][section 391 of the Companies Act, 1956 (1 of 1956)] or where such sanction has been given and the High Court is of opinion, whether on a report of the Reserve Bank or otherwise, that any person who has taken part in the promotion or formation of the banking company or has been a director or auditor of the banking company should be publicly examined, it may direct such examination of such person and the provisions of section 45G shall, as far as may be, apply to the banking company as they apply to a banking company which is being wound up. (2) Where a compromise or arrangement is sanctioned under [3][section 391 of the Companies Act, 1956 (1 of 1956)] in respect of a banking company, the provisions of [4][section 543 of the said Act] and of section 45H of this Act shall, as far as may be, apply to the banking company as they apply to a banking company which is being wound up as if the order sanctioning the compromise or arrangement were an order for the winding up of the banking company. 1. Subs. by Act 1 of 1984, s. 35, for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 15-2-1984). 2. The words “and all such trials shall be without the aid of a jury” omitted by s. 35, ibid. (w.e.f.15-2-1984). 3. Subs. by Act 95 of 1956, s. 14 and the Schedule, for “section 153 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 14-1-1957). 4. Subs. by s. 14 and the Schedule, ibid., for “section 235of the said Act” (w.e.f. 14-1-1957). 64 ----- 1[(3) Where 2[a scheme of reconstruction or amalgamation of a banking company] has been sanctioned by the Central Government under section 45 and the Central Government is of opinion that any person who has taken part in the promotion or formation of the banking company or has been a director or auditor of the banking company should be publicly examined, that Government may apply to the High Court for the examination of such person and if on such examination the High Court finds (whether a fraud has been committed or not) that person is not fit to be a director of a company or to act as an auditor of a company or to be a partner of a firm acting as such auditors, the Central Government shall make an order that that person shall not, without the leave of the Central Government, be a director of, or in any way, whether directly or indirectly, be concerned or take part in the management of any company or, as the case may be, act as an auditor of, or be a partner of a firm acting as auditors of, any company for such period not exceeding five years as may be specified in the order. (4) Where [2][a scheme of reconstruction or amalgamation of a banking company] has been sanctioned by the Central Government under section 45, the provisions of section 543 of the Companies Act, 1956 (1 of 1956), and of section 45H of this Act shall, as far as may be, apply to the banking company as they apply to a banking company which is being wound up as if the order sanctioning the scheme of reconstruction or amalgamation as the case may be, were an order for the winding up of the banking company; and any reference in the said section 543 to the application of the official liquidator shall be construed as a reference to the application of the Central Government.] **45M. Special provisions for banking companies working under schemes of arrangement at the** **commencement of the Amendment Act.—Where any compromise or arrangement sanctioned in** respect of a banking company under [3][section 391 of the Companies Act, 1956 (1 of 1956),] is being worked at the commencement of the Banking Companies (Amendment) Act, 1953 (52 of 1953), the High Court may, if it so thinks fit on the application of such banking company,— (a) excuse any delay in carrying out any of the provisions of the compromise or arrangement; or (b) allow the banking company to settle the list of its debtors in accordance with the provisions of section 45D and in such a case, the provisions of the said section shall, as far as may be, apply to the banking company as they apply to a banking company which is being wound up as if the order sanctioning the compromise or arrangement were an order for the winding up of the banking company. **45N. Appeals.—(1) An appeal shall lie from any order or decision of the High Court in a civil** proceeding under this Act when the amount or value of the subject-matter of the claim exceeds five thousand rupees. (2) The High Court may by rules provide for an appeal against any order made under section 45J and the conditions subject to which any such appeal would lie. (3) Subject to the provisions of sub-section (1) and sub-section (2) and notwithstanding anything contained in any other law for the time being in force, every order or decision of the High Court shall be final and binding for all purposes as between the banking company on the one hand, and all persons who are parties thereto and all persons claiming through or under them or any of them, on the other hand. **45-O. Special period of limitation.—(1) Notwithstanding anything to the contrary contained in the** Indian Limitation Act, 1908 (9 of 1908) or in any other law for the time being in force, in 1. Ins. by Act 37 of 1960, s. 7 (w.e.f. 19-9-1960). 2. Subs. by Act 7 of 1961, s. 5, for “a scheme of reconstruction of a banking company or its amalgamation with another banking company” (w.e.f. 24-3-1961). 3. Subs. by Act 95 of 1956, s. 14 and the Schedule, for “section 153 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 14-1-1957). 65 ----- computing the period of limitation prescribed for a suit or application by a banking company which is being wound up, the period commencing from the date of the presentation of the petition for the winding up of the banking company shall be excluded. (2) Notwithstanding anything to the contrary contained in the Indian Limitation Act, 1908 (9 of 1908) or [1][section 543 of the Companies Act, 1956 (1 of 1956)] or in any other law for the time being in force, there shall be no period of limitation for the recovery of arrears of calls from any director of a banking company which is being wound up or for the enforcement by the banking company against any of its directors of any claim based on a contract, express or implies; and in respect of all other claims by the banking company against its directors, the period of limitation shall be twelve years from the date of the accrual of such claims [2][or five years from the date of the first appointment of the liquidator, whichever is longer]. (3) The provisions of this section, in so far as they relate to banking companies being wound up, shall also apply to a banking company in respect of which a petition for the winding up has been presented before the commencement of the Banking Companies (Amendment) Act, 1953 (52 of 1953). **45P. Reserve Bank to tender advice in winding up proceedings.—Where in any proceeding for** the winding up of a banking company in which any person other than the Reserve Bank has been appointed as the official liquidator and the High Court has directed the official liquidator to obtain the advice of the Reserve Bank on any matter (which it is hereby empowered to do), it shall be lawful for the Reserve Bank to examine the record of any such proceeding and tender such advice on the matter as it may think fit. **45Q. Power to inspect.—(1) The Reserve Bank shall, on being directed so to do by the Central** Government or by the High Court, cause an inspection to be made by one or more of its officers of a banking company which is being wound up and its books and accounts. (2) On such inspection, the Reserve Bank shall submit its report to the Central Government and the High Court. (3) If the Central Government, on consideration of the report of the Reserve Bank, is of opinion that there has been a substantial irregularity in the winding up proceedings, it may bring such irregularity to the notice of the High Court for such action as the High Court may think fit. (4) On receipt of the report of the Reserve Bank under sub-section (2) or on any irregularity being brought to its notice by the Central Government under sub-section (3), the High Court may, if it deems fit, after giving notice to and hearing the Central Government in regard to the report, give such directions as it may consider necessary. **45R. Power to call for returns and information.—The Reserve Bank may, at any time by a** notice in writing, require the liquidator of a banking company to furnish it, within such time as may be specified in the notice or such further time as the Reserve Bank may allow, any statement or information relating to or connected with the winding up of the banking company; and it shall be the duty of every liquidator to comply with such requirements. _Explanation.—For the purposes of this section and section 45Q, a banking company working under_ a compromise or arrangement but prohibited from receiving fresh deposits, shall, as far as may be, be deemed to be a banking company which is being wound up. **45S. Chief Presidency Magistrate and District Magistrate to assist official liquidator in taking** **charge of property of banking company being wound up.—(1) For the purpose of enabling the** official liquidator or the special officer appointed under sub-section (3) of section 37 to take into his custody or under his control, all property, effects and actionable claims to which a banking company [3]*** is or appears to be entitled, the official liquidator or the special officer, 1. Subs. by Act 95 of 1956, s. 14 and the Schedule, for “section 235 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 14-1-1957). 2. Ins. by Act 33 of 1959, s. 32 (w.e.f. 1-10-1959). 3. The words “, which has been ordered to be wound up” omitted by Act 55 of 1963, s. 23 (w.e.f. 1-2-1964). 66 ----- as the case may be, may request in writing the [1][Chief Metropolitan Magistrate or the Chief Judicial Magistrate], within whose jurisdiction any property, books of account or other documents of such banking company may be situate or be found, to take possession thereof, and the [1][Chief Metropolitan Magistrate or the Chief Judicial Magistrate], as the case may be, shall, on such request being made to him,— 2[(a) take possession of such property, books of accounts or other documents, and (b) forward them to the official liquidator or the special officer]. 3[(2) Where any such property and effects are in the possession of the 1[Chief Metropolitan Magistrate or the Chief Judicial Magistrate], as the case may be, such Magistrate shall, on request in writing being made to him by the official liquidator or the special officer referred to in sub-section (1), sell such property and effects and forward the net proceeds of the sale to the official liquidator or the special officer: Provided that such sale shall, as far as practicable, be effected by public auction. (3) For the purpose of securing compliance with the provisions of sub-section (1), the [1][Chief Metropolitan Magistrate or the Chief Judicial Magistrate], may take or cause to be taken such steps and use or cause to be used such force as may, in his opinion, be necessary. (4) No act of the [1][Chief Metropolitan Magistrate or the Chief Judicial Magistrate] done in pursuance of this section shall be called in question in any court or before any autority.] **45T. Enforcement of orders and decisions of High Court.—(1) All orders made in any civil** proceeding by a High Court may be enforced in the same manner in which decrees of such court made in any suit pending therein may be enforced. (2) Notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908 (5 of 1908), a liquidator may apply for the execution of a decree by a court other than the one which made it on production of a certificate granted under sub-section (6) of section 45D and on his certifying to such other court in writing the amount remaining due or relief remaining unenforced under the decree. (3) Without prejudice to the provisions of sub-section (1) or sub-section (2), any amount found due to the banking company by an order or decision of the High Court may, with the leave of the High Court, be recovered [4][by the liquidator in the same manner as an arrear of land revenue and for the purpose of such recovery the liquidator may forward to the Collector within whose jurisdiction the property of the person against whom any order or decision of the High Court has been made is situate, a certificate under his signature specifying the amount so due and the person by whom it is payable]. 5[(4) On receipt of a certificate under sub-section (3), the Collector shall proceed to recover from such person the amount specified therein as if it were an arrear of land revenue: Provided that without prejudice to any other powers of the Collector, he shall, for the purposes of recovering the said amount, have all the powers, which, under the Code of Civil Procedure, 1908 (5 of 1908), a civil court has for the purpose of the recovery of an amount due under a decree.] **45U. Power of High Court to make rules.—The High Court may make rules consistent with this** Act and the rules made under section 52 prescribing— (a) the manner in which inquiries and proceedings under Part III or Part IIIA may be held; (b) the offences which may be tried summarily; (c) the authority to which, and the conditions subject to which, appeals may be preferred and the manner in which such appeals may be filed and heard; 1. Subs. by Act 1 of 1984, s. 36, for “Chief Presidency Magistrate or the District Magistrate” (w.e.f.15-2-1984). 2 Subs. by Act 55 of 1963, s. 23, for certain words (w.e.f. 1-2-1964). 3. Subs. by s. 23, ibid., for sub-section (2) (w.e.f. 1-2-1964). 4. Subs. s. 24, ibid., for “in the same manner as an arrear of land revenue” (w.e.f. 1-2- 1964). 5. Ins. by s. 24, ibid. (w.e.f. 1-2-1964). 67 ----- (d) any other matter for which provision has to be made for enabling the High Court to effectively exercise its functions under this Act. **45V. References to directors, etc., shall be construed as including references to past directors,** **etc.—For the removal of doubts it is hereby declared that any reference in this Part to a director,** manager, liquidator, officer or auditor of a banking company shall be construed as including a reference to any past or present director, manager, liquidator, officer or auditor of the banking company. **45W. Part II not to apply to banking companies being wound up.—Nothing contained in Part II** shall apply to a banking company which is being wound up. **45X. Validation of certain proceedings.—Notwithstanding anything contained in section 45B or** any other provision of this Part or in section 11 of the Banking Companies (Amendment) Act, 1950 (20 of 1950), no proceeding held, judgment delivered or decree or order made before the commencement of the Banking Companies (Amendment) Act, 1953 (52 of 1953), by any court other than the High Court in respect of any matter over which the High Court has jurisdiction under this Act shall be invalid or be deemed ever to have been invalid merely by reason of the fact that such proceeding, judgment, decree or order was held, delivered or made by a court other than the High Court.] 1[PART IIIB PROVISIONS RELATING TO CERTAIN OPERATIONS OF BANKING COMPANIES **45Y. Power of Central Government to make rules for the preservation of records.—The** Central Government may, after consultation with the Reserve Bank and by notification in the Official Gazette, make rules specifying the periods for which— (a) a banking company shall preserve its books, accounts and other documents; and (b) a banking company shall preserve and keep with itself different instruments paid by it. **45Z. Return of paid instruments to customers.—(1) Where a banking company is required by its** customer to return to him a paid instrument before the expiry of the period specified by rules made under section 45Y, the banking company shall not return the instrument except after making and keeping in its possession a true copy of all relevant parts of such instrument, such copy being made by a mechanical or other process which in itself ensures the accuracy of the copy. (2) The banking company shall be entitled to recover from the customer the cost of making such copies of the instrument. _Explanation.—In this section, “customer” includes a Government department and a corporation_ incorporated by or under any law. **45ZA. Nomination for payment of depositors' money.—(1) Where a deposit is held by a banking** company to the credit of one or more persons, the depositor or, as the case may be, all the depositors together, may nominate, in the prescribed manner, one person to whom in the event of the death of the sole depositor or the death of all the depositors, the amount of deposit may be returned by the banking company. (2) Notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, in respect of such deposit, where a nomination made in the prescribed manner purports to confer on any person the right to receive the amount of deposit from the banking company, the nominee shall, on the death of the sole depositor or, as the case may be, on the death of all the depositors, become entitled to all the rights of the sole depositor or, as the case may be, of the depositors, in relation to such deposit to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner. 1. Ins. by Act 1 of 1984, s. 37 (w.e.f. 29-3-1985). 68 ----- (3) Where the nominee is a minor, it shall be lawful for the depositor making the nomination to appoint in the prescribed manner any person to receive the amount of deposit in the event of his death during the minority of the nominee. (4) Payment by a banking company in accordance with the provisions of this section shall constitute a full discharge to the banking company of its liability in respect of the deposit: Provided that nothing contained in this sub-section shall effect the right or claim which any person may have against the person to whom any payment is made under this section. **45ZB. Notice of claims of other persons regarding deposits not receivable.—No notice of the** claim of any person, other than the person or persons in whose name a deposit is held by a banking company, shall be receivable by the banking company, nor shall the banking company be bound by any such notice even though expressly given to it: Provided that where any decree, order, certificate or other authority from a court of competent jurisdiction relating to such deposit is produced before a banking company, the banking company shall take due note of such decree, order, certificate or other authority. **45ZC. Nomination for return of articles kept in safe custody with banking company.—(1)** Where any person leaves any article in safe custody with a banking company, such person may nominate, in the prescribed manner, one person to whom, in the event of the death of the person leaving the article in safe custody, such article may be returned by the banking company. (2) Where the nominee is a minor, it shall be lawful for the person making the nomination to appoint in the prescribed manner any person to receive the article deposited in the event of his death during the minority of the nominee. (3) The banking company shall, before returning any articles under this section to the nominee or the person appointed under Sub-section (2), prepare, in such manner as may be directed by the Reserve Bank from time to time, an inventory of the said articles which shall be signed by such nominee or person and shall deliver a copy of the inventory so prepared to such nominee or person. (4) Notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, in respect of such article, where a nomination made in the prescribed manner purports to confer on any person the right to receive the article from the banking company, the nominee shall, on the death of the person leaving the article in safe custody, become entitled to the return of the article to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner: Provided that nothing contained in this section shall affect the right or claim which any person may have against the person to whom the article is returned in pursuance of this sub-section. **45ZD. Notice of claims of other persons regarding articles not receivable.—No notice of the** claim of any person, other than the person or persons in whose name any article is held by a banking company in safe custody, shall be receivable by the banking company, nor shall the banking company be bound by any such notice even though expressly given to it: Provided that where any decree, order, certificate or other authority from a court of competent jurisdiction relating to such article is produced before a banking company, the banking company shall take due note of such decree, order, certificate or other authority. **45ZE. Release contents of safety Release of lockers.—(1) Where an individual is the sole hirer of** a locker from a banking company, whether such locker is located in the safe deposit vault of such banking company or elsewhere, such individual may nominate one person to whom, in the event of the death of such individual, the banking company may give access to the locker and liberty to remove the contents of the locker. (2) Where any such locker is hired from a banking company by two or more individuals jointly, and, under the contract of hire, the locker is to be operated under the joint signatures of two or more of 69 ----- such hirers, such hirers may nominate one or more persons to whom, in the event of the death of such joint hirer or hirers, the banking company may give, jointly with the surviving joint hirer or joint hirers, as the case may be, access to the locker and liberty to remove the contents of such locker. (3) Every nomination under sub-section (1) or sub-section (2) shall be made in the prescribed manner. (4) The banking company shall, before permitting the removal of the contents of any locker by any nominee or jointly by any nominee and survivors as aforesaid, prepare, in such manner as may be directed by the Reserve Bank from time to time, an inventory of the contents of the locker which shall be signed by such nominee or jointly by such nominee and survivors and shall deliver a copy of the inventory so prepared to such nominee or nominee and survivors. (5) On the removal of the contents of any locker by any nominee or jointly by any nominee and survivors as aforesaid, the liability of the banking company in relation to the contents of the locker shall stand discharged. (6) No suit, prosecution or other legal proceeding shall lie against a banking company for any damage caused or likely to be caused, for allowing access to any locker, and liberty to remove the contents of such locker, in pursuance of the provisions of sub-section (1) or sub-section (2), as the case may be. **45ZF. Notice of claims of other persons regarding safety lockers not receivable.—No notice of** the claim of any person, other than hirer or hirers of a locker, shall be receivable by a banking company nor shall the banking company be bound by any such notice even though expressly given to it: Provided that where any decree, order, certificate or other authority from a court of competent jurisdiction relating to the locker or its contents is produced before the banking company, the banking company shall take due note of such decree, order, certificate or other authority.] PART IV MISCELLANEOUS **46. Penalties.—(1) Whoever in any return, balance-sheet or other document [1][or in any information** required or furnished] by or under or for the purposes of any provision of this Act, wilfully makes a statement which is false in any material particular, knowing it to be false, or wilfully omits to make a material statement, shall be punishable with imprisonment for a term which may extend to three years and [2][or with fine, which may extend to one crore rupees or with both]. (2) If any person fails to produce any book, account or other document or to furnish any statement or information which under sub-section (2) of section 35 it is his duty to produce or furnish, or to answer any question relating to the business of a banking company which he is asked by [3][an officer making an inspection or scrutiny under that section], he shall be punishable with a fine which may extend to [4][twenty lakh rupees] in respect of each offence, and if he persists in such refusal, to a further fine which may extend to [5][fifty thousand rupees] for every day during which the offence continues. (3) If any deposits are received by a banking company in contravention of an order under clause (a) of sub-section (4) of section 35, every director or other officer of the banking company, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to 1. Subs. by Act 95 of 1956, s. 9, for “required” (w.e.f. 14-1-1957). 2. Subs. by Act 4 of 2013, s. 11, for “and shall also be liable to fine” (w.e.f. 18-1-2013). 3. Subs. by Act 1 of 1984, s. 38, for “an officer making an inspection under that section” (w.e.f. 15-2-1984). 4. Subs. by Act 4 of 2013, s. 11, for “two thousand rupees” (w.e.f. 18-1-2013). 5. Subs. by s. 11, ibid., for “one hundred rupees” (w.e.f. 18-1-2013). 70 ----- prevent it, shall be deemed to be guilty of such contravention and shall be punishable with a fine which may extend to twice the amount of the deposits so received. 1[(4) If any other provision of this Act is contravened or if any default is made in— (i) complying with any requirement of this Act or of any order, rule or direction made or condition imposed thereunder, or (ii) carrying out the terms of, or the obligations under, a scheme sanctioned under sub-section (7) of section 45, by any person, such person shall be punishable with fine which may extend to [2][[3][one crore rupees] or twice the amount involved in such contravention or default where such amount is quantifiable, whichever is more, and where a contravention or default is a continuing one, with a further fine which may extend to [4][one lakh rupees]] for every day, during which the contravention or default continues.] 5[(5) Where a contravention or default has been committed by a company, every person who, at the time the contravention or default was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention or default and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the contravention or default was committed without his knowledge or that he exercised all due diligence to prevent the contravention or default. (6) Notwithstanding anything contained in sub-section (5), where a contravention or default has been committed by a company, and it is proved that the same was committed with the consent or connivance of, or is attributable to any gross negligence on the part of, any director, manager, secretary or other officer of the company, such director manager, secretary or other officer shall also be deemed to be guilty of that contravention or default and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm.] 6[46A. Chairman, director, etc., to be public servants for the purposes of Chapter IX of the **Indian Penal Code.—[7][Every chairman who is appointed on a whole-time basis, managing director,** director, auditor], liquidator, manager and any other employee of a banking company shall be deemed to be a public servant for the purposes of Chapter IX of the Indian Penal Code (45 of 1860).] **47. Cognizance of offences.—No Court shall take cognizance of any offence punishable under** 8[sub-section (5) of section 36AA or] section 46 except upon complaint in writing made by an officer of 1. Subs. by Act 1 of 1984, s. 38, for sub-section (4) (w.e.f. 15-2-1984). 2. Subs. by Act 20 of 1994, s. 8, for certain words (w.e.f. 31-1-1994). 3. Subs. by Act 4 of 2013, s. 11, for “fifty thousand rupees” (w.e.f. 18-1-2013). 4. Subs. by s. 11, ibid., for “two thousand and five hundred rupees” (w.e.f. 18-1-2013). 5. Subs. by Act 55 of 1963, s. 25, for sub-section (4) (w.e.f. 1-2-1964). 6. Ins. by Act 95 of 1956, s. 10 (w.e.f. 14-1-1957). 7. Subs. by Act 20 of 1994, s. 9, for “Every chairman, director, auditor” (w.e.f. 31-1-1994). 8. Ins. by Act 55 of 1963, s. 26 (w.e.f. 1-2-1964). 71 ----- 1[the Reserve Bank or, as the case may be, the National Bank] generally or specially authorized in writing in this behalf by [2][the Reserve Bank or, as the case may be, the National Bank], and [2][no court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class or any court superior thereto] shall try any such offence. 3[47A. Power of Reserve Bank to impose penalty.—(1) Notwithstanding anything contained in section 46, if a contravention or default of the nature referred to in [4][sub-section (2) or sub-section (3) or sub-section (4)] of section 46, as the case may be, is made by a banking company, then, the Reserve Bank may impose on such banking company— 5[(a) where the contravention or default is of the nature referred to in sub-section (3) of section 46, a penalty not exceeding twenty lakh rupees in respect of each offence if the contravention or default persists, a further penalty not exceeding fifty thousand rupees for everyday, after the first day, during which the contravention or deafult continues; (b) where the contravention is of the nature referred to in sub-section (3) of section 46, a penalty not exceeding twice the amount of the deposits in respect of which such contravention was made; (c) where the contravention or default is of the nature referred to in sub-section (4) of section 46, a penalty not exceeding one crore rupees or twice the amount involved in such contravention or default where such amount is quantifiable, whichever is more, and where such contravention or default is a continuing one, a further penalty which may extend to one lakh rupees for everyday, after the first day, during which the contravention or default continues.] 6[(2) For the purpose of adjudging the penalty under sub-section (1), the Reserve Bank shall serve notice on the banking company requiring it to show cause why the amount specified in the notice should not be imposed and a reasonable opportunity of being heard shall also be given to such banking company.] (4) No complaint shall be filed against any banking company in any court of law in respect of any contravention or default in respect of which any penalty has been imposed by the Reserve Bank under this section. (5) Any penalty imposed by the Reserve Bank under this section shall be payable within a period of fourteen days from the date on which notice issued by the Reserve Bank demanding payment of the sum is served on the banking company and in the event of failure of the banking company to pay the sum within such period, may be levied on a direction made by the principal civil court having jurisdiction in the area where the registered office of the banking company is situated; or, in the case of a banking company incorporated outside India, where its principal place of business in India is situated: Provided that no such direction shall be made except on an application made to the court by the Reserve Bank or any officer authorised by that Bank in this behalf. (6) The court which makes a direction under sub-section (5) shall issue a certificate specifying the sum payable by the banking company and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a civil suit. (7) Where any complaint has been filed against any banking company in any court in respect of the contravention or default of the nature referred to in sub-section (3) or, as the case may be, sub- section (4) of section 46, then, no proceedings for the imposition of any penalty on the banking company shall be taken under this section.] **48. Application of fines.—A Court imposing any fine under this Act may direct that the whole or** any part thereof shall be applied in or towards payment of the costs of the proceedings, or in or towards the rewarding of the person on whose information the fine is recovered. 1. Subs. by Act 61 of 1981, s. 61 and Sch. II, for “the Reserve Bank” (w.e.f. 12-7-1984). 2. Subs. by Act 1 of 1984 s. 39, for certain words (w.e.f. 15-2-1984). 3. Ins. by Act 58 of 1968, s. 17 (w.e.f. 1-2-1969). 4. Subs. by Act 4 of 2013, s. 12, for “sub-section (3) or sub-section (4)” (w.e.f. 18-1-2013). 5. Subs. by s. 12, ibid., for sub-clauses (a) and (b) (w.e.f. 18-1-2013). 6. Subs. by Act 20 of 1994, s. 10, for sub-sections (2) and (3) (w.e.f. 31-1-1994). 72 ----- **49. Special provisions for private banking companies.—The exemptions, whether express or** implied, in favour of a private company in [1][sections 90, 165, 182, 204 and 255, clauses (a) and (b) of sub-section (1) of section 293 and sections 300, 388A and 416 of the Companies Act, 1956 (1 of 1956)], shall not operate in favour of a private company which is a banking company. 2[49A. Restriction on acceptance of deposits withdrawable by cheque.—No person other than a banking company, the Reserve Bank, the State Bank of India or any other [3][banking institution, firm or other person notified by the Central Government in this behalf on the recommendation of the Reserve Bank] shall accept from the public deposits of money withdrawable by cheque: Provided that nothing contained in this section shall apply to any savings bank scheme run by the Government. **49B. Change of name by a banking company.—Notwithstanding anything contained in section** 21 of the Companies Act, 1956 (1 of 1956), the Central Government shall not signify its approval to the change of name of any banking company unless the Reserve Bank certifies in writing that it has no objection to such change. **49C. Alteration of memorandum of a banking company.—Notwithstanding anything contained** in the Companies Act, 1956 (1 of 1956), no application for the confirmation of the alteration of the memorandum of a banking company shall be maintainable unless the Reserve Bank certifies that there is no objection to such alteration.] **50. Certain claims for compensation barred.—No person shall have any right, whether in** contract or otherwise, to any compensation for any loss incurred by reason of the operation of any of the provisions [4][contained in sections 10, 12A, 16, 35A, 35B, [5][36, 43A and 45] or by reason of the compliance by a banking company with any order or direction given to it under this Act]. 6[51. Application on of certain provisions to the State Bank of India and other notified **banks.—[7][(1)] Without prejudice to the provisions of the State Bank of India Act, 1955 (23 of 1955), or** any other enactment, the provisions of sections 10, 13 to 15, 17, [8][19 to 21A, 23 to 28, 29 [excluding sub-section (3)], [9][29A] [10][sub-sections (1B), (1C) and (2) of section 30, 31], 34, 35, 35A, [11][35AA, 35AB,] 36 [excluding clause (d) of sub-section (1)], 45Y to 45ZF, 46 to 48] 50, 52 and 53 shall also apply, so far as may be, to and in relation to the State Bank of India [12][or any corresponding new bank or a Regional Rural Bank or any subsidiary bank] as they apply to and in relation to banking companies: 13[Provided that— (a) nothing contained in clause (c) of sub-section (1) of section 10 shall apply to the chairman of the State Bank of India or to a [14][managing director] of any subsidiary bank in so far as the said clause precludes him from being a director of, or holding an office in, any institution approved by the Reserve Bank; 1. The words, figures and letters “sections 17, 77, 83B, 86H, 91B and 91D and sub-section (5) of section 144 of the Indian Companies Act, 1913 (7 of 1913)” have successively been amended by Act 95 of 1956, s. 11, Act 33 of 1959, s. 34 and Act 55 of 1963, s. 27 to read as above. 2. Ins. by Act 33 of 1959, s. 35 (w.e.f. 1-10-1959). 3. Subs. by Act 55 of 1963, s. 28, for certain words (w.e.f. 1-2-1964). 4. Subs. by Act 95 of 1956, s. 12, for certain words (w.e.f. 14-1-1957). 5. Subs. by Act 37 of 1960, s. 8, for “and 36” (w.e.f. 19-9-1960). 6. Subs. by Act 79 of 1956, s. 43 and the Second Schedule, for section 51 (w.e.f. 22-10-1956). 7. Section 51 renumbered as sub-section (1) thereof by Act 1 of 1984, s. 40 (w.e.f. 15-2-1984). 8. Subs. by s. 40, ibid., for certain words (w.e.f. 15-2-1984). 9. Ins. by Act 4 of 2013, s. 13 (w.e.f. 18-1-2013). 10. Subs. by Act 66 of 1988, s. 10, for “31” (w.e.f. 30-12-1988). 11. Ins. by Act 30 of 2017, s. 3, (w.e.f. 4-5-2017). 12. Subs. by Act 1 of 1984, s. 40, for certain words (w.e.f. 15-2-1984). 13. Subs. by Act 38 of 1959, s. 64 and the Third Schedule, for the former proviso (w.e.f. 10-9-1959). 14. Subs. by Act 1 of 1984, s. 40, for “general manager” (w.e.f. 15-2-1984). 73 ----- 1[(b) nothing contained in sub-clause (iii) of clause (b) of sub-section (1) of section 20 shall apply to any bank referred to in sub-section (1), insofar as the said sub-clause (iii) of clause (b) precludes that bank from entering into any commitment for granting any loan or advance to or on behalf of a company (not being a Government company) in which not less than forty per cent. of the paid-up capital is held (whether singly or taken together) by the Central Government or the Reserve Bank or a corporation owned by that bank; and (c) nothing contained in section 46 or in section 47A shall apply to,— (i) an officer of the Central Government or the Reserve Bank, nominated or appointed as director of the State Bank of India or any corresponding new bank or a Regional Rural Bank or any subsidiary bank or a company; or (ii) an officer of the State Bank of India or a corresponding new bank or a Regional Rural Bank or a subsidiary bank nominated or appointed as director of any of the said banks (not being the bank of which he is an officer) or of a banking company.] 2* - - - 3[(2) References to a banking company in any rule or direction relating to any provision of this Act referred to in sub-section (1) shall, except where such rule or direction provides otherwise, be construed as referring also to the State Bank of India, a corresponding new bank, a Regional Rural Bank and a subsidiary bank.] 4[51A. Powers of Reserve Bank not to apply to International Financial Services Centre.— Notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the Reserve Bank under this Act,— (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centres Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.] **52. Power of Central Government to make rules.—(1) The Central Government may, after** consultation with the Reserve Bank, make rules to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act and all such rules shall be published in the Official Gazette. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for the details to be included in the returns required by this Act and the manner in which such returns shall be submitted [5][and the form in which the official liquidator may file lists of debtors to the Court having jurisdiction under Part III or Part IIIA and the particulars which such lists may contain and any other matter which has to be, or may be, prescribed]. 6* - - - 7[(4) The Central Government may by rules made under this section annul, alter or add to, all or any of the provisions of the Fourth Schedule.] 8[(5) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree 1. Subs. by Act 1 of 1984, s. 40, for clauses (b) and (c) (w.e.f. 15-2-1984). 2. Explanation omitted by Act 58 of 1968, s. 18 (w.e.f. 1-2-1969). 3. Ins. by Act 1 of 1984, s. 40 (w.e.f. 15-2-1984). 7. Ins. by Act 50 of 2019, s. 33 and the Second Schedule (w.e.f. 1-10-2020). 4. Added by Act 52 of 1953, s. 11 (w.e.f. 30-12-1953). 5. Omitted by Act 1 of 1984, s. 41 (w.e.f. 15-2-1984). 6. Ins. by Act 52 of 1953, s. 11 (w.e.f. 30-12-1953). 7. Ins. by Act 1 of 1984, s. 41 (w.e.f. 15-2-1984). 74 ----- in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **53. Power to exempt in certain cases.—[1][(1)] The Central Government may, on the** recommendation of the Reserve Bank, declare, by notification in the Official Gazette, that any or all of the provisions of this Act shall not apply to any [2][banking company or institution or to any class of banking companies [3]***] either generally or for such period as may be specified. 4[(2) 5[A copy of every notification proposed to be issued under sub-section (1) relating to any banking company or institution or any class of banking companies or any branch of a banking company or an institution, as the case may be, functioning or located in any Special Economic Zone established under the Special Economic Zones Act, 2005 (28 of 2005) shall be laid in draft before each House of Parliament], while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses.] **54. Protection of action taken under Act.—(1) No suit or other legal proceeding shall be lie** against the Central Government, the Reserve Bank or any officer for anything which is in good faith done or intended to be done in pursuance of this Act. (2) Save as otherwise expressly provided by or under this Act, no suit or other legal proceeding shall lie against the Central Government, the Reserve Bank or any officer for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act. **55. Amendment of Act 2 of 1934.—The Reserve Bank of India Act, 1934 (2 of 1934), shall be** amended in the manner specified in the fourth column of the First Schedule, and the amendments to section 18 thereof as specified in the said Schedule shall be deemed to have had effect on and from the 20th day of September, 1947. 6[55A. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, as occasion requires, do anything (not inconsistent with the provisions of this Act) which appears to it to be necessary for the purpose of removing the difficulty: Provided that no such power shall be exercised after the expiry of a period of three years from the commencement of section 20 of the Banking Laws (Amendment) Act, 1968 (58 of 1968).] 7[PART V APPLICATION OF THE ACT TO CO-OPERATIVE BANKS **56. Act to apply to co-operative societies subject to modifications.—[8][Notwithstanding anything** contained in any other law for the time being in force, the provisions of this Act], shall apply to, or in relation to, co-operative societies as they apply to, or in relation to, banking companies subject to the following modifications, namely:— (a) throughout this Act, unless the context otherwise requires,— 1. Section 53 renumbered as sub-section (1) thereof by Act 28 of 2005, s. 57 and the Third Schedule. 2. Subs by s. 57 and Third Schedule, ibid., for “banking company or institution or to any class of banking companies”. 3. The words “or any of their branches functioning or located in any Special Economic Zone established under the Special Economic Zones Act, 2005 (28 of 2005)” omitted by Act 17 of 2007, s. 3 (w.e.f. 23-1-2007). 4. Ins. by Act 28 of 2005, s. 57 and the Third Schedule. 5. Subs. by Act 17 of 2007, s. 3, for “A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each house of Parliament” (w.e.f. 23-1-2007). 6. Ins. by Act 58 of 1968, s. 20 (w.e.f. 1-2-1969). 7. Ins. by Act 23 of 1965, s. 14 (w.e.f. 1-3-1966). 8. Subs. by Act 39 of 2020, s. 4, for certain words (w.e.f. 1-4-2021). 75 ----- (i) references to a “banking company” or “the company” or “such company” shall be construed as references to a co-operative bank, (ii) references to “commencement of this Act” shall be construed as references to commencement of the Banking Laws (Application to Co-operative Societies) Act, 1965 (23 of 1965); 1[(iii) references to “memorandum of association” or “articles of association” shall be construed as references to bye-laws; (iv) references to the provisions of the Companies Act, 1956 (1 of 1956), except in Part III and Part IIIA, shall be construed as references to the corresponding provisions, if any, of the law under which a co-operative bank is registered; (v) references to “Registrar” or “Registrar of Companies” shall be construed as references to “Central Registrar” or “Registrar of Co-operative Societies”, as the case may be, under the law under which a co-operative bank is registered;] (b) in section 2, the words and figures “the Companies Act, 1956 (1 of 1956), and” shall be omitted; (c) in section 5,— 2[(i) after clause (cc), the following clauses shall be inserted namely:— (cci) “co-operative bank” means a state co-operative bank, a central co-operative bank and a primary co-operative bank; (ccii) “co-operative credit society” means a co-operative society, the primary object of which is to provide financial accommodation to its members and includes a co-operative land mortgage bank; 3[(cciia) “co-operative society” means a society registered or deemed to have been registered under any Central Act for the time being in force relating to the multi-State co-operative societies, or any other Central or State law relating to co-operative societies for the time being in force;] (cciii) “director”, in relation to a co-operative society, includes a member of any committee or body for the time being vested with the management of the affairs of that society; 2[(cciiia) “multi-State co-operative bank” means a multi-State co-operative society which is a primary co-operative bank; (cciiib) “multi-State co-operative society” means a multi-State co-operative society registered as such under any Central Act for the time being in force relating to the multiState co-operative societies but does not include a national co-operative society and a federal co-operative;] (cciv) “primary agricultural credit society” means a co-operative society,— (1) the primary object or principal business of which is to provide financial accommodation to its members for agricultural purposes or for purposes connected with agricultural activities (including the marketing of crops); and (2) the bye-laws of which do not permit admission of any other co-operative society as a member: 1. Ins. by Act 39 of 2020, s. 4 (w.e.f. 1-4-2021). 2. Subs. by Act 61 of 1981, s. 61 and the Second Schedule, for sub-clause (i) (w.e.f. 1-5-1982). 3. Ins. by Act 24 of 2004, s. 2 (w.e.f. 1-3-1966). 76 ----- Provided that this sub-clause shall not apply to the admission of a co-operative bank as a member by reason of such co-operative bank subscribing to the share capital of such co-operative society out of funds provided by the State Government for the purpose; (ccv) “primary co-operative bank” means a co-operative society, other than a primary agricultural credit society,— (1) the primary object or principal business of which is the transaction of banking business; (2) the paid-up share capital and reserves of which are not less than one lakh of rupees; and (3) the bye-laws of which do not permit admission of any other co-operative society as a member: Provided that this sub-clause shall not apply to the admission of a co-operative bank as a member by reason of such co-operative bank subscribing to the share capital of such co-operative society out of funds provided by the State Government for the purpose; (ccvi) “primary credit society” means a co-operative society, other than a primary agricultural credit society,— (1) the primary object or principal business of which is the transaction of banking business; (2) the paid-up share capital and reserves of which are less than one lakh of rupees; and (3) the bye-laws of which do not permit admission of any other co-operative society as a member: Provided that this sub-clause shall not apply to the admission of a co-operative bank as a member by reason of such co-operative bank subscribing to the share capital of such co-operative society out of funds provided by the State Government for the purpose. _Explanation.—If any dispute arises as to the primary object or principal business of_ any co-operative society referred to in clauses (cciv), (ccv) and (ccvi), a determination thereof by the Reserve Bank shall be final; (ccvii) “central co-operative bank”, [1]*** “primary rural credit society” and “state co-operative bank” shall have the meanings respectively assigned to them in the National Bank for Agriculture and Rural Development Act, 1981 (61 of 1981);] 2[(ii) clauses (ff), (h) and (nb) shall be omitted;] 3* - - - - (e) in section 6, in sub-section (1),— 4* - - - - (ii) in clause (d), after the word “company”, the words “co-operative society,” shall be inserted; 1. The words “co-operative society,” omitted by Act 24 of 2004, s. 2 (w.e.f. 1-3-1966). 2. Subs. by Act 1 of 1984, s. 42, for sub-clause (ii) (w.e.f. 15-2-1984). 3. Clause (d) omitted by Act 39 of 2020, s. 4 (w.e.f. 1-4-2021). 4. Sub-clause (i) omitted by s. 4, ibid. (w.e.f. 1-4-2021). 77 ----- 1* - - - 2[(f) for section 7, the following section shall be substituted, namely:— “7. Use of words “bank”, “banker” or “banking”.—(1) No co-operative society other than a co-operative bank shall use as part of its name or in connection with its business any of the words “bank”, “banker” or “banking”, and no co-operative society shall carry on the business of banking in India unless it uses as part of its name at least one of such words. (2) Nothing in this section shall apply to— (a) a primary credit society, or (b) a co-operative society formed for the protection of the mutual interest of co operative banks or [3]***, or (c) any co-operative society, not being a primary credit society, formed by the employees of— (i) a banking company or the State Bank of India or a corresponding new bank or a subsidiary bank of such banking company, State Bank of India or a corresponding new bank, or (ii) a co-operative bank or a primary credit society or a [3]***, insofar as the word “bank”, “banker” or “banking” appears as part of the name of the employer bank, or as the case may be, of the bank, whose subsidiary the employer bank is.”]; 4* - - - - (h) for section 11, the following section shall be substituted, namely:— “11. Requirement as to minimum paid-up capital and reserves.—(1) Notwithstanding any law relating to co-operative societies for the time being in force, no co-operative bank shall commence or carry on the business of banking in India unless the aggregate value of its paid-up capital and reserves is not less than one lakh of rupees: Provided that nothing in this sub-section shall apply to— (a) any such bank which is carrying on such business at the commencement of the Banking Laws (Application to Co-operative Societies) Act, 1965 (23 of 1965), for a period of three years from such commencement; or (b) to a primary credit society which becomes a primary co-operative bank after such commencement, for a period of two years from the date it so becomes a primary cooperative bank or for such further period not exceeding one year as the Reserve Bank, having regard to the interests of the depositors of the primary co-operative bank, may think fit in any particular case to allow. (2) For the purposes of this section, “value” means the real of exchangeable value and not the nominal value which may be shown in the books of the co-operative bank concerned. (3) If any dispute arises in computing the aggregate value of the paid-up capital and reserves of any such co-operative bank, a determination thereof by the Reserve Bank shall be final for the purposes of this section.'; 5[(i) for section 12, the following section shall be substituted, namely:- “12. Issue and regulation of paid-up share capital and securities by co-operative banks.-- 1. Sub-clause (iii) omitted by Act 39 of 2020, s. 4 (w.e.f 1-4-2021). 2. Subs. by Act 1 of 1984, s. 42, for clause (f) (w.e.f. 15-2-1984). 3. The words “or co-operative land mortgage bank” omitted by Act 39 of 2020, s. 4 (w.e.f. 1-4-2021). 4. Clause (fi), (fii) and (g) omitted by s. 4, ibid. (w.e.f. 1-4-2021). 5. Subs. by s. 4, ibid., for clause (i) (w.e.f. 1-4-2021). 78 ----- (1) A co-operative bank may, with the prior approval of the Reserve Bank, issue, by way of public issue or private placement,- (i) equity shares or preference shares or special shares, on face value or at premium; and (ii) unsecured debentures or bonds or other like securities with initial or original maturity of not less than ten years, to any member of such co-operative bank or any other person residing within its area of operation, subject to such conditions and ceiling, limit or restriction on its issue or subscription or transfer, as may be specified by the Reserve Bank in this behalf. (2) Save as otherwise provided in this Act,- (i) no person shall be entitled to demand payment towards surrender of shares issued to him by a co-operative bank; and (ii) a co-operative bank shall not withdraw or reduce its share capital, except to the extent and subject to such conditions as the Reserve Bank may specify in this behalf.”;’;] 1[(j) for section 18, the following section shall be substituted:— “18. Cash reserve.—(1) Every co-operative bank, not being [2][a co-operative bank] for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934 3[(hereinafter referred to as a “scheduled State Co-operative Bank”)], shall maintain in India by way of cash reserve with itself or by way of balance in a current account with the Reserve Bank or the State Co-operative Bank of the State concerned or by way of net balance in current accounts, or, in the case of a primary co-operative bank, with the central co-operative bank of the district concerned, or in one or more of the aforesaid ways, a sum equivalent to [4][such per cent.] of the total of its demand and time liabilities in India, as on the last Friday of the second preceding fortnight [5][as the Reserve Bank may specify, by notification in the official Gazette, from time to time having regard to the needs for securing the monetary stability in the country] and shall submit to the Reserve Bank before the fifteenth day of every month a return showing the amount so held on alternate Friday during a month with particulars of its demand and time liabilities in India on such Fridays or if any such Friday is a public holiday under the Negotiable Instruments Act, 1881 (26 of 1881), at the close of business on the preceding working day. _Explanation.—In this section and in section 24—_ (a) “liabilities in India” shall not include— (i) the paid-up capital or the reserves or any credit balance in the profit and loss account of the co-operative bank; (ii) any advance taken from a State Government, the Reserve Bank, [6]*** the Exim Bank, [7][the Reconstruction Bank], [8][the National Housing Bank]], the National Bank 9[, the Small Industries Bank,] or from the National Co-operative Development 1. Subs. by Act 1 of 1984, s. 42, for clause (j) (w.e.f. 29-3-1985). 2. Subs. by Act 4 of 2013, s. 14, for “State Co-operative Bank” (w.e.f. 18-1-2013) 3. Subs. by s. 14, ibid., for “(hereinafter referred to as a “scheduled State Co-operative Bank)”. (w.e.f. 18-1-2013). 4. Subs. by s. 14, ibid., for “at least three per cent.” (w.e.f. 18-1-2013). 5. Ins. by s. 14, ibid. (w.e.f. 18-1-2013). 6. The words “the Development Bank” omitted by s. 14, ibid. (w.e.f. 18-1-2013). 7. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985). 8. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988). 9. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (w.e.f. 7-3-1990). 79 ----- Corporation established under section 3 of the National Co-operative Development Corporation Act, 1962 (26 of 1962) by the co-operative bank; (iii) in the case of a State or central co-operative bank, also any deposit of money with it representing the reserve fund or any part thereof maintained with it by any other co-operative society within its area of operation, and in the case of a central cooperative bank, also an advance taken by it from the State co-operative bank of the State concerned; (iv) in the case of a primary co-operative bank, also any advance taken by it from the [1][co-operative bank] of the State concerned or the central co-operative bank of the district concerned; (v) in the case of any co-operative bank, which has granted an advance against any balance maintained with it, such balance to the extent of the amount outstanding in respect of such advance; and (vi) in the case of any co-operative bank, the amount of any advance or other credit arrangement drawn and availed of against approved securities; (b) “fortnight” shall mean the period from Saturday to the second following Friday, both days inclusive; (c) “net balance in current accounts” shall, in relation to a co-operative bank, mean the excess, if any, of the aggregate of the credit balances in current account maintained by that co-operative bank with the State Bank of India or a subsidiary bank or [2][a corresponding new bank or IDBI Bank Ltd.], over the aggregate of the credit balances in current accounts held by the said banks with such co-operative bank; (d) for the purpose of computation of liabilities, the aggregate of the liabilities of a co-operative bank to the State Bank of India, a subsidiary bank, a corresponding new bank, a Regional Rural Bank, a banking company or any other financial institution notified by the Central Government in this behalf shall be reduced by the aggregate of the liabilities of all such banks and institutions to the co-operative bank; (e) any cash with a co-operative bank or any balance held by a co-operative bank with another bank, shall not, to the extend such cash or such balances represents the balance in, or investment of, Agricultural Credit Stabilisation Fund of such co-operative bank, be deemed to be cash maintained in India. 3[(1A) If the balance held by co-operative bank referred to in sub-clause (cci) of clause (c) of section 56 of the Banking Regulation Act, 1949, at the close of business on any day is below the minimum specified under sub-section (1), such co-operative bank shall, without prejudice to the provisions of any other law for the time being in force, be liable to pay to the Reserve Bank, in respect of that day, penal interest at a rate of three per cent. above the bank rate on the amount by which such balance falls short of the specified minimum, and if the shortfall continues further, the penal interest so charged shall be increased to a rate of five per cent. above the bank rate in respect of each subsequent day during which the default continues. (1B) Notwithstanding anything contained in this section, if the Reserve Bank is satisfied, on an application in writing by the defaulting co-operatrive bank, that such defaulting co-operative bank had sufficient cause for its failure to comply with the provisions of sub-section (1), it may not demand the payment of the penal interest. 1. Subs. by Act 4 of 2013, s. 14, for “State Co-operative Bank” (w.e.f. 18-1-2013). 2. Subs. by s. 14, ibid., for “a corresponding new bank” (w.e.f. 18-1-2013). 3. Ins. by s. 14, ibid. (w.e.f. 18-1-2013). 80 ----- (1C) The Reserve Bank may, for such period and subject to such conditions as may be specified, grant to any co-operative bank such exemptions from the provisions of this section as it thinks fit with reference to all or any of its officers or with reference to the whole or any part of its assets and liabilities.] (2) The Reserve Bank may, for the purposes of this section and section 24, specify from time to time, with reference to any transaction or class of transactions, that such transaction or transactions shall be regarded as liability in India of a co-operative bank, and, if any question arises as to whether any transaction or class of transactions shall be regarded for the purposes of this section and section 24, as liability in India of a co-operative bank, the decision of the Reserve Bank thereon shall be final.] (k) for section 19, the following section shall be substituted, namely:— “19. Restriction on holding shares in other co-operative societies.—No co-operative bank shall hold shares in any other co-operative society except to such extent and subject to such conditions as the Reserve Bank may specify in that behalf: Provided that nothing contained in this section shall apply to— (i) Shares acquired through funds provided by the State Government for that purpose; (ii) in the case of a central co-operative bank, the holding of shares in the State co operative bank to which it is affiliated; (iii) in the case of a primary co-operative bank, the holding of shares in the central co operative bank to which it is affiliated or in the State co-operative bank of the State in which it is registered: Provided further that where any shares are held by a co-operative bank in contravention of this section at the commencement of the Banking Laws (Application to Co-operative Societies) Act, 1965 (23 of 1965) the co-operative bank shall without delay report the matter to the Reserve Bank and shall, notwithstanding anything contained in this section, be entitled to hold the shares for such period and on such conditions as the Reserve Bank may specify.”; 1* - - - 2[(m) in section 20A, in sub-section (1),— (i) the words and figures “Notwithstanding anything to the contrary contained in section 293 of the Companies Act, 1956 (1 of 1956),” shall be omitted; (ii) in clause (a), for the words “any of its directors” the words “any of its past or present directors” shall be substituted;] 1* - - - (o) in section 22,— (i) for sub-sections (1) and (2), the following sub-sections shall be substituted, namely:— “(1) Save as hereinafter provided, no co-operative society shall carry on banking business in India unless— 3* - - - 1. Clause (l), (n) omitted by Act 39 of 2020, s. 4 (w.e.f. 1-4-2021). 2. Subs. by Act 1 of 1984, s. 42 (w.e.f. 15-2-1984). 3. Omitted by Act 4 of 2013, s. 14 (w.e.f. 18-1-2013). 81 ----- (b) it is a co-operative bank and holds a licence issued in that behalf by the Reserve Bank, subject to such conditions, if any, as the Reserve Bank may deem fit to impose: Provided that nothing in this sub-section shall apply to a co-operative society, not being a primary credit society or a co-operative bank carrying on banking business at the commencement of the Banking Laws (Application to Co-operative Societies) Act, 1965 (23 of 1965), for a period of one year from such commencement. 1[Provided further that nothing in this sub-section shall apply to a primary credit society carrying on banking business on or before the commencement of the Banking Laws (Amendment) Act, 2012, for a period of one year or for such further period not exceeding three years, as the Reserve Bank may, after recording the reasons in writing for so doing, extend.] 2[(2) Every co-operative society carrying on business as a co- operative bank at the commencement of the Banking Laws (Application to Co-operative Societies) Act, 1965, (23 of 1965) shall before the expiry of three months from such commencement, every cooperative bank which comes into existence as a result of the division of any other cooperative society carrying on business as a co-operative bank, or the amalgamation of two or more co-operative societies carrying on banking business shall, before the expiry of three months from its so coming into existence, [3][every primary credit society which had become a primary co-operative bank on or before the commencement of the Banking Laws (Amendment) Act, 2012 (4 of 2013), shall before the expiry of three months from the date on which it had become a primary co-operative bank] and every co-operative society [4]*** shall before commencing banking business in India, apply in writing to the Reserve Bank for a licence under this section: Provided that nothing in clause (b) of sub-section (1) shall be deemed to prohibit— (i) a co-operative society carrying on business as a co-operative bank at the commencement of the Banking Laws (Application to Co-operative Societies) Act, 1965 (23 of 1965); or (ii) a co-operative bank which has come into existence as a result of the division of any other co-operative society carrying on business as a co-operative bank, or the amalgamation of two or more co-operative societies carrying on banking business at the commencement of the Banking Laws (Application to Co-operative Societies) Act, 1965 (23 of 1965) or at any time [5][thereafter]; 6* - - - from carrying on banking business until it is granted a licence in pursuance of this section or is, by a notice in writing, notified by the Reserve Bank that the licence cannot be granted to it.] 7[(ii) sub-section (3A) shall be omitted; (iii) in sub-section (4), in clause (iii), the words, brackets, figure and letter “and sub-section (3A)” shall be omitted;] 1. Ins. by Act 4 of 2013, s. 14 (w.e.f. 18-1-2013). 2. Subs. by Act 1 of 1984, s. 42, for sub-section (2) (w.e.f. 15-2-1984). 3. Subs. by Act 4 of 2013, s. 14, for “every primary credit society which becomes a primary co-operative bank after such commencement shall before the expiry of three months from the date on which it so becomes a primary co-operative bank” (w.e.f. 18-1-2013). 4. The words “other than a primary credit society” omitted by s. 14, ibid. (w.e.f. 18-1-2013). 5. Subs. by s. 14, ibid., for “thereafter; or” (w.e.f. 18-1-2013). 6. Clause (iii) omitted by s. 14, ibid. (w.e.f. 18-1-2013). 7. Subs. by Act 1 of 1984, s. 42, for sub-clause (ii) (w.e.f. 15-2-1984). 82 ----- 1[22A. Validation of licences granted by Reserve Bank to multi-State co-operative societies.— Notwithstanding anything contained in any law or, judgment delivered or decree or order of any court made,— (a) No licence, granted to a multi-State co-operative society by the Reserve Bank under section 22, which was subsisting on the date of commencement of the Banking Regulation (Amendment) and Miscellaneous Provisions Act, 2004 (24 of 2004), shall be invalid or be deemed ever to have been invalid merely by the reason of such judgment, decree or order; (b) Every licence, granted to a multi-State co-operative society by the Reserve Bank under section 22, which was subsisting on the date of commencement of the Banking Regulation (Amendment) and Miscellaneous Provisions Act, 2004 (24 of 2004), shall be valid and be deemed always to have been validly granted in accordance with law; (c) A multi-State co-operative society whose application for grant of licence for carrying on banking business was pending with the Reserve Bank on the date of commencement of the Banking Regulation (Amendment) and Miscellaneous Provisions Act, 2004 (24 of 2004) shall be eligible to carry on banking business until it is granted a licence in pursuance of section 22 or is, by a notice in writing notified by the Reserve Bank that the licence cannot be granted to it;] **2*** ***** ***** ***** ***** 3[(q) in section 24,— 4* - - - 5* - - - (iii) in sub-section (3), for the proviso, the following proviso shall be substituted, namely:— “Provided that every co-operative bank, other than a primary co-operative bank, shall also furnish within the said period, a copy of the said return to the National Bank.”; 5* - - - - 6[(qq) after section 24, the following section shall be inserted, namely:— “24A. Power to exempt.—Without prejudice to the provisions of section 53, the Reserve Bank may, by notification in the Official Gazette, declare that, for such period and subject to such conditions as may be specified in such notification the whole or any specified therein, shall not apply to any co- operative bank or class of co-operative banks, with reference to all or any of the offices of such co-operative bank or banks, or with reference to the whole or any part of the assets and liabilities of such co-operative bank or banks]; 7* - - - (rii) in section 27, for sub-section (3), the following sub-section shall be substituted, namely:— “(3) Every co-operative bank, other than a primary co- operative bank, shall submit a copy of the return which it submits to the Reserve Bank, under sub-section (1) also to the National Bank and the powers exercisable by the Reserve Bank under sub-section (2) may 1. Ins. by Act 24 of 2004, s. 2 (w.e.f. 24-9-2004). 2. Clause (p) omitted by Act 39 of 2020, s. 4 (w.e.f. 1-4-2021). 3. Subs. by Act 1 of 1984, s. 42, for clause (g) (w.e.f. 29-3-1985). 4. Omitted by Act 4 of 2013, s. 14 (w.e.f. 18-1-2013). 5. Subs. by Act 39 of 2020, s. 4,for sub-clause (ii) and (iv) (w.e.f. 1-4-2021). 6. Ins. by Act 1 of 1984, s. 42 (w.e.f. 15-2-1984). 7. Clauses (r), (ria) omitted by Act 39 of 2020, s. 4 (w.e.f. 1-4-2021). 83 ----- also be exercised by the National Bank in relation to co-operative banks, other than primary co-operative banks.” (s) for [1][section 29], the following section shall be substituted, namely:— “29. Accounts and balance-sheet.—(1) At the expiration of each year ending with the 30th day of June [2][or at the expiration of a period of twelve months ending with such date as the Central Government may, by notification in the Official Gazette, specify in this behalf,] every co-operative bank, in respect of all business transacted by it, shall prepare with reference to that year [1][or the period] a balance-sheet and profit and loss account as on the last working day of the year [1][or the period] in the Forms set out in the Third Schedule or as near thereto as circumstances admit. (2) The balance-sheet and profit and loss account shall be signed by the manager or the principal officer of the bank and where there are more than three directors of the bank, by at least three of those directors, or where there are not more than three directors, by all the directors. (3) The Central Government, after giving not less than three months' notice of its intention so to do by a notification in the Official Gazette, may from time to time by a like notification amend the Forms set out in the Third Schedule:] 3[Provided that with a view to facilitating the transition from one period of accounting to another period of accounting under this sub-section, the Central Government may, by order published in the Official Gazette, make such provisions as it considers necessary or expedient for the preparation of, or for other matters relating to, the balance-sheet or profit and loss account in respect of the concerned year or period, as the case may be.] 4* - - - 5[(t) in section 31,— 6* - - - (ii) for the second proviso, the following proviso shall be substituted, namely:— “Provided further that a co-operative bank, other than a primary co-operative bank shall furnish such returns also to the National Bank”;] 7* - - - - 7* - - - - (w) in section 35,— (i) in sub-section (1),— (a) for the words and figures “section 235 of the Companies Act, 1956 (1 of 1956),” the words “any law relating to co-operative societies for the time being in force” shall be substituted; 8[(b) the following proviso shall be inserted at the end, namely:— 1. Subs. by Act 4 of 2013, s. 14, for “sections 29 and 30” (w.e.f. 18-1-2013). 2. Ins. by Act 54 of 1991, s.2 (w.e.f. 20-12-1991). 3. The proviso ins. by Act 54 of 1991, s. 2. 4. Clause (sa) omitted by Act 39 of 2020, s. 4 (w.e.f. 1-4-2021). 5. Subs. by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 12-7-1982). 6. Clause (i) omitted by Act 39 of 2020, s. 4 (w.e.f. 1-4-2021). 7. Clause (u), (v) omitted by s. 4, ibid. (w.e.f. 1-4-2021). 8. Subs. by Act 1 of 1984, s. 42, for item (b) (w.e.f. 15-2-1984). 84 ----- “Provided that the Reserve Bank may, if it considers it necessary or expedient so to do, cause an inspection to be made of a primary co-operative bank under this sub-section by one or more officers of a State co-operative bank in the State in which such primary co-operative bank is registered.”]; (ii) in sub-section (4), clause (b) shall be omitted; 1[(iii) after sub-section (4), the following sub-section shall be inserted, namely:— “(4A) Without prejudice to the provisions of sub-section (4), the Reserve Bank may, if it considers it necessary or expedient so to do supply a copy of the report on any inspection or scrutiny to the State co-operative bank and the Registrar of co-operative societies of the State in which the bank which has been inspected or whose affairs have been scrutinised is registered.”] 2[(iv)] in sub-section (6), for the expressions “regional rural banks” and “regional rural bank”, wherever they occur, the expressions “co-operative banks other than primary cooperative banks” and “co-operative bank other than a primary co-operative bank” shall, respectively be substituted.] 3[(v)] the Explanation shall be omitted; 4* - - - - 4* - - - - 4* - - - - 4* - - - - 5[(zaa) after section 36AA of the principal Act, the following sections shall be inserted, namely:— “36AAA.—Supersession of Board of directors of a [6][co-operative bank].—(1) Where the Reserve Bank is satisfied that in the public interest or for preventing the affairs of a [6][cooperative bank] being conducted in a manner detrimental to the interest of the depositors or of the [6][co-operative bank] or for securing the proper management of the [6][co-operative bank], it is necessary so to do, the Reserve Bank may, for reasons to be recorded in writing, by order, supersede the Board of directors of such [6][co-operative bank] for a period not exceeding five years as may be specified in the order, which may be extended from time to time, so, however, that total period shall not exceed five years. 7[Provided that in the case of a co-operative bank registered with the Registrar of Co operative Societies of a State, the Reserve Bank shall issue such order in consultation with the concerned State Government seeking its comments, if any, within such period as the Reserve Bank may specify.”;] (2) The Reserve Bank may, on supersession of the Board of directors of the [6][co-operative bank] under sub-section (1) appoint an Administrator for such period as it may determine. (3) The Reserve Bank may issue such directions to the Administrator as it may deem appropriate and the Administrator shall be bound to follow such directions. 1. Ins. by Act 1 of 1984, s. 42 (w.e.f. 15-2-1984). 2. Sub-clause (iii) renumbered as sub-clause (iv) by s. 42, ibid. (w.e.f. 15-2-1984). 3. Sub-clause (iv) renumbered as sub-clause (v) by s. 42, ibid. (w.e.f. 15-2-1984). 4. Clause (x), (y), (z) and (za) omitted by Act 39 of 2020, s. 4 (w.e.f. 1-4-2021). 5. Subs. by Act 24 of 2004, s. 2, for clause (zaa) (w.e.f. 24-9-2004). 6. Subs. by Act 39 of 2020, s. 4, for “multi-State co-operative bank” (w.e.f. 1-4-2021). 7.The proviso ins. by s. 4, ibid. (w.e.f. 1-4-2021). 85 ----- (4) Upon making the order of supersession of the Board of directors of a [6][co-operative bank],— (a) The chairman, managing director and other directors as from the date of supersession of the Board shall vacate their offices as such; (b) All the powers, functions and duties which may, by or under the provisions of the Multi-State Co-operative Societies Act, 2002 (39 of 2002) or this Act or any other law for the time being in force, be exercised and discharged by or on behalf of the Board of directors of such a [1][co-operative bank] or by a resolution passed in general meeting of such co-operative bank, shall, until the Board of directors of such co-operative bank is reconstituted, be exercised and discharged by the Administrator appointed by the Reserve Bank under sub-section (2): Provided that the power exercised by the Administrator shall be valid notwithstanding that such power is exercisable by a resolution passed in the general meeting of such multiState co-operative bank. (5) (a) The Reserve Bank may constitute a committee of three or more persons who have experience in law, finance, banking, administration or accountancy to assist the Administrator in discharge of his duties. (b) The committee shall meet at such times and places and observe such rules of procedure as may be specified by the Reserve Bank. (6) The salary and allowances to the Administrator and the members of the committee constituted by the Reserve Bank shall be such as may be specified by the Reserve Bank and be payable by the concerned [1][co-operative bank]. (7) On and before expiration of period of supersession of the Board of directors as specified in the order issued under sub-section (1), the Administrator of the [1][co-operative bank] shall call the general meeting of the society to elect new directors. (8) Notwithstanding anything contained in any other law or in any contract, or bye-laws of a [1][co-operative bank], no person shall be entitled to claim any compensation for the loss or termination of his office. (9) The Administrator appointed under sub-section (2) shall vacate office immediately after the Board of directors of the multi-State co-operative society has been constituted. 2[(10) The provisions of section 36ACA shall not apply to a co-operative bank.] 3* - - - 36AAC.— Reimbursement to Deposit Insurance Corporation by liquidator or transferee bank.—Where a multi-State co-operative bank, being an insured bank within the meaning of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), is wound up and the Deposit Insurance Corporation has become liable to the depositors of the insured bank under sub-section (1) or sub-section (2) of section 16 of that Act, the Deposit Insurance Corporation shall be reimbursed by the liquidator or such other person in the circumstances, to the extent and in the manner provided in section 21 of that Act. (zab) In section 36AD, sub-section (3) shall be omitted;’; 4[(zb) Part IIC shall be omitted;] 1. Subs. by Act 39 of 2020, s. 4, for “multi-State co-operative bank” (w.e.f. 1-4-2021). 2. Ins. by s. 4, ibid. (w.e.f. 1-4-2021). 3. Section 36AAB omitted by s. 4, ibid. (w.e.f. 1-4-2021). 4. Subs. by s. 4, ibid., for clause (zb) (w.e.f. 1-4-2021). 86 ----- 1[(zc) in section 46,— 2* - - - (ii) in clause (a) of the Explanation, after the words “includes a”, the words “co-operative society” shall be inserted;] 3* - - - - (ze) section 49 shall be omitted; 3* - - - - 4[(zg) in section 49B, references to “Central Government” shall be construed as references to “Central Registrar” or “Registrar of Co-operative Societies”, as the case may be, under the law under which a co-operative bank is registered;’;] 5* - - - - (zi) section 51 shall be omitted; 6[(zj) after section 53, the following section shall be inserted, namely:- “53A. Powers to exempt co-operative banks in certain cases.—Notwithstanding anything contained in any other provisions of this Act, the Reserve Bank may, from time to time, on being satisfied that it is necessary so to do, declare, by notification in the Official Gazette, that the provisions of item (iii) of clause (b) of sub-section (1) and sub-section (2), of section 10, clause (a) of sub-section (2) of section 10A, sub-section (1A) of section 10B and clause (b) of sub-section (1) of section 35B of this Act shall not apply to a co-operative bank or class of co-operative banks, either generally or for such period as may be specified therein, subject to such conditions, limitations or restrictions as it may think fit to impose.”;’;] 7[(zji) in section 54, after the expression “Reserve Bank”, wherever it occurs, the expression “or the National Bank” shall be inserted.] (zk) for section 55 and the First Schedule, the following section shall be substituted, namely:— “55. Act 18 of 1891 and Act 46 of 1949 to apply in relation to co-operative banks.—(1) The Bankers’ Books Evidence Act, 1891(18 of 1891) shall apply in relation to a co-operative bank as it applies in relation to a bank as defined in section 2 of that Act. (2) The Banking Companies (Legal Practitioners' Clients' Accounts) Act, 1949 ( shall apply in relation to a co-operative bank as it applies in relation to a banking company as defined in section 2 of that Act.”; 1. Subs. by Act 1 of 1984, s. 42, for clause (zc) (w.e.f. 15-2-1984). 2. Clause (i) omitted by Act 39 of 2020, s. 4 (w.e.f. 1-4-2021). 3. clauses (zd) and (zf) omitted by s. 4, ibid. (w.e.f. 1-4-2021). 4. Subs. by s. 4, ibid., for clause (zg) (w.e.f. 1-4-2021). 5. Clause (zh) omitted by s. 4, ibid. (w.e.f. 1-4-2021). 6. Subs. by s. 4, ibid., for clause (zj) (w.e.f. 1-4-2021). 7. Ins. by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 1-5-1982). 87 ----- (zl) for the Third Schedule and the Fourth Schedule, the following Schedule shall be substituted, namely:— “THE THIRD SCHEDULE (see section 29) FORM A FORM OF BALANCE-SHEET CAPITAL AND LIABILITIES PROPERTY AND ASSETS Rs. P. Rs.P Rs. P. Rs. P. 1. CASH: In hand with Reserve Bank 1[ National Bank] State Bank of India, State Co-operative Bank and Central Co-operative Bank 2. BALANCES WITH OTHER BANKS (i) Current deposits (ii) Savings bank deposits (iii) Fixed deposits 3. MONEY AT CALL AND SHORT NOTICE 4. INVESTMENTS (i) In Central and State Government securities (at book value) Face value Rs. ............... Market value Rs. ............... (ii) Other Trustee securities (iii) Shares in co-operative institutions other than in item (5) below.................... (iv) Other investments (to be specified) .................... 5. INVESTMENT OUT OF THE PRINCIPAL /SUBSIDIARY STATE PARTNERSHIP FUNDS: In shares of: (i) Central co-operative banks (ii) Primary agricultural credit societies (iii) Other societies 6. ADVANCES† : (i) Short-term loans, cash credits, overdrafts and bills discounted Of which secured against: (a) Government and other approved securities (b) Other tangible securities[@] of the advances, amount due from individuals Of the advances, amount overdue Considered bad and doubtful of recovery (ii) Medium-term loans 1. CAPITAL: (i) Authorised Capital ……Shares of Rs…….each …….Shares of Rs. Each (ii) Subscribed Capital ................Shares of Rs.........................each ....................Shares of Rs.........................each ....................................................................... (iii) Amount called up On.......Shares at Rs.................each less called unpaid On.........Shares at Rs................. each less called unpaid of (iii) above, held by (a) Individuals ............... (b) Co-operative institutions ............... (c) State Government............... 2. RESERVE FUND AND OTHER RESERVES: (i) Statutory Reserve (ii) Agricultural (Credit Stabilization Fund) (iii) Building Fund (iv) Dividend Equalization Fund (v) Special Bad Debts Reserve (vi) Bad and Doubtful Debts Reserve (vii) Investment Depreciation Reserve (viii) Other Funds and Reserves (to be specified) 3. PRINCIPAL/SUBSIDIARY STATE PARTNERSHIP FUND ACCOUNT: For share capital of: (i) Central co-operative banks (ii) Primary agricultural credit societies........... (iii) Other societies.............................. 4. DEPOSITS AND OTHER ACCOUNTS (i) Fixed deposits* (a) Individuals** (b) Central co-operative banks (c) Other societies (ii) Savings Bank Deposits (a) Individuals** (b) Central co-operative banks (c) Other societies............. 1. Ins. by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 1-5-1982). 88 ----- Of which secured against: PROPERTY AND ASSETS CAPITAL AND LIABILITIES Rs.P. Rs. P (iii) Current deposits (a) Government and other (a) Individuals** approved securities (b) Central co-operative banks (b) Other tangible securities[@] (c) Other societies Of the advances, amount due (iv) Money at call and short notice from individuals †.................... Of the advances, amount 5. BORROWINGS†: overdue:...................................... (i) From the Reserve Bank of India 1[the National Bank]/State/Central Considered bad and doubtful of recovery.................................... co-operative bank: (iii) long-term loans (a) Short-term loans, cash credits and overdrafts Of which secured against: Of which secured against: (a) government and other approved securities (A) Government and other approved securities (b) other tangible securities[@ ] (B) Other tangible securities[@] Of the advances, amount due from individuals..................... (b) Medium-term loans of which secured against: Of the advances, amount over due: (A) Government and other approved securities Considered bad and doubtful of recovery (B) Other tangible securities[@] 7. INTEREST RECEIVABLE: (c) Long-term loans Of which overdue Of which secured against: Considered bad and doubtful of (A) Government and other approved recovery securities 8. BILLS RECEIVABLE BEING (B) Other tangible securities[@] BILLS FOR COLLECTION (ii) From the State Bank of India AS per contra (a) Short-term loans, cash credits and 9. BRANCH ADJUSTMENTS overdrafts 10. PREMISES LESS Of which secured against: DEPRECIATION (A) Government and other approved 111. FURNITURE AND FIXTURES securities LESS DEPRECIATION (B) Other tangible securities[@] 12. OTHER ASSETS (to be (b) Medium-term loans Of which secured specified) 1. Ins. by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 1-5-1982). 89 Rs. P. Rs.P ----- against (A) Government and other approved securities (B) Other tangible securities[@] (c) Long-term loans Of which secured against: (A) Government and other approved securities (B) Other tangible securities[@] 13. NON-BANKING ASSETS ACQUIRED IN SATISFACTION OF CLAIMS (stating mode of valuation) 14. PROFIT AND LOSS 90 ----- CAPITAL AND LIABILITIES PROPERTY AND ASSETS Rs. P. Rs.P (iii) From the State Government (a) Short-term loans Of which secured against (A) Government and other approved securities (B) Other tangible securities[@] (b) Medium-term loans Of which secured against: (A) Government and other approved securities (B) Other tangible securities[@] (c) Long-term loans Of which secured against: (A) Government and other approved securities (B) Other tangible securities[@] (iv) Loan from other sources (source and security to be specified) 6.BILLS FOR COLLECTION BEING BILLS RECEIVABLE As _per contra_ 7. BRANCH ADJUSTMENTS 8. OVERDUE INTEREST RESERVE 9. INTEREST PAYABLE 10. OTHER LIABILITIES (i) Bills payable (ii) Unclaimed dividends (iii) Suspense. . . . . .. (iv) Sundries . . . . . .. 11. PROFIT AND LOSS Profit as per last balance-sheet _Less appropriations_ Add profit for the year brought from the Profit and Loss Account Total . . . . . . . . CONTINGENT LIABILITIES (i) Outstanding liabilities for guarantees issued (ii) Others Total. . . . . .. Rs. P. Rs.P NOTES Total . . . . . . . . *“Fixed deposits” will include reserve fund deposits of societies, employees provident fund deposits, staff security deposits, recurring deposits, cash certificates, etc. ** Under the item “individuals” deposits from institutions other than cooperative banks and societies may be included. † “Borrowings” and “Advances”.—Short-term loans will be for periods up to 15 months, medium-term loans from 15 months to 5 years and long-term loans over 5 years. @ “other tangible security” will include borrowings against gold and gold ornaments, repledge of goods, mortgage of land, etc. 91 ----- _General Instructions.— The corresponding figures (to the nearest rupees, if so desired) for the year immediately_ preceding the year to which the balance-sheet relates should be shown in separate columns. FORM B FORM OF PROFIT AND LOSS ACCOUNT _Profit and loss account for the year ended _________ EXPENDITURE INCOME Rs. P. Rs. P. 1. Interest on deposits, borrowings, etc. . . . 2. Salaries and allowances and provident fund. . . . . . . . . . 3. Directors’ and local committee members’ fees and allowances. . . . . . . 4. Rent, taxes, insurance, lighting, etc. . . 5. law charges. . . . . . . 6. Postage, telegrams and telephone Charges 7. Auditor’s fees . . . . . . . 8. Depreciation on and repairs to property 9. Stationery, printing and advertisement, etc. 10. Loss from sale of or dealing with non-banking assets. . . . . . . 11. Other expenditure . . . . . . 12. Balance of profit . . . . . . Total . . . . . . . 1. Interest and discount. . . . 2. Commission, exchange and brokerage . . . . . . . . . 3. Subsidies and donations. . . 4. Income from non-banking assets and profit from sale of or dealing with such assets. . 5. Other receipts. . . . . . . 6. Loss (if any). . . . . . . . Total. . . . . . . . Rs.P. Rs.P. _General Instructions.— The corresponding figures (to the nearest rupee, if so desired) for the year_ immediately preceding the year to which the profit and loss account relates should be shown in separate columns.”. 92 ----- THE FIRST SCHEDULE (See section 55) AMENDMENTS Year No. Short title Amendments 1 2 3 4 1934 2 The Reserve Bank of India Act, 1934 (1) In section 17, to clause (15A), the following shall be added, namely :— “and under the Banking Companies Act, 1949 (4 of 1949)”. (2) (a) Section 18 shall be renumbered as sub- section (1) of that section and in sub-section (1), as so renumbered,— (i) in clause (3) after the words “of that section”, the following words shall be added, namely:— “or when the loan or advance, is made to banking company as defined in the Banking Companies Act, 1949 (4 of 1949), against such other form of security as the Bank may consider sufficient”; (ii) for the words “under this section” wherever the occur, the words “under this sub section” shall be substituted; (b) after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:— “(2) Where a banking company to which a loan or advance has been made under the provisions of clause (3) of sub-section (1) is wound up, any sums due to the Bank in respect of such loan or advance, shall subject only to the claims, if any, of any other banking company in respect of any prior loan or advance made by such banking company against any security, be a first charge on the assets of the banking company.” (3) In section 42, for sub-section (6) the following sub-section shall be substituted, namely:— “(6) The bank shall, save as hereinafter provided, by notification in the Gazette of India,— (a) direct the inclusion in the Second Schedule of any bank not already so included which carries on the business of banking in any Province of India and which— (i) has a paid-up capital and reserves of an aggregate value of not less than five lakhs of rupees, and (ii) satisfies the Bank that its affairs are not being conducted in a manner detrimental to the interests of its depositors; and (iii) is a company as defined in clause (2) of section 2 of the Indian Companies Act, 1913 (7 of 1913) or a corporation or a company incorporated by or under any law in force in any place outside the Provinces of India; (b) direct the exclusion from that Schedule of any scheduled bank— (i) the aggregate value of whose paid-up capital and reserves becomes at any time less than five lakhs of rupees, or (ii) which is, in the opinion of the Bank after making an inspection under section 35 of the Banking Companies Act, 1949, conducting its affairs to the detriment of the interests of its depositors, or (iii) which goes into liquidation or otherwise ceases to carry on banking business: 93 ----- Year No. Short title Amendments 1 2 3 4 Provided that the Bank may, on application of the scheduled bank concerned and subject to such conditions, if any, as it may impose, defer the making of a direction under sub-clause (i) or sub-clauses (ii) of clause (b) for such period as the bank considers reasonable to give the scheduled bank and opportunity of increasing the aggregate value of its paid-up capital and reserves to not less than five lakhs of rupees or, as the case may be, of removing the defects in the conduct of its affairs; (c) alter the description is that Schedule whenever any scheduled bank changes its name. _Explanation.—In this sub-section the expression ‘value’ means the real or_ exchangeable value and not the nominal value which may be shown in the books of the 163 bank concerned; and if any dispute arises in computing the aggregate value of the paid up capital and reserves of a bank, a determination thereof by the Bank shall be final for the purposes of this sub-section. _THE SECOND SCHEDULE.—[Repeals] Rep. by the Repealing and Amending Act, 1957_ (36 of 1957), s. 52 and the First Schedule (w.e.f. 17-9-1957). THE THIRD SCHEDULE (See section 29) 1[FORM A FORM OF BALANCE SHEET Balance Sheet of ____________________(here enter name of the Banking Company) Balance Sheet as on 31st March _________________________(Year) (000's omitted) Capital and Liabilities Schedule As on 31-3- As on 31-3 (current year) (previous year) Capital Reserves and surplus Deposits Borrowings Other liabilities and provisions TOTAL: 1 2 3 4 5 ___________ ___________ 1. Subs. by S.O. 240 (E), dated 26th March, 1992 (w.e.f. 26-3-1992). 94 ----- Capital and Liabilities Schedule As on 31-3- As on 31-3 (current year) (previous year) ASSETS Cash and Balances with Reserve Bank of India Balances with Banks and money at call and short notice Investments Advances Fixed Assets Other Assets TOTAL: Contingent liabilities Bill for collection 6 7 8 9 10 11 12 SCHEDULE I—CAPITAL I. FOR NATIOINALISED BANKS Capital (Fully owned by Central Government) II. FOR BANKS INCORPORATED OUTSIDE INDIA Capital (i) (The amount brought in by banks by way of Start-up capital as prescribed by RBI should be shown under this head) (ii) Amount of deposit kept with the RBI As on 31-3___ As on 31-3____ (current year) (previous year) under Section 11(2) of the Banking Regulation Act, 1949. TOTAL: III. FOR OTHER BANKS Authorised Capital (Shares of Rs..... each) Issued Capital (Shares of Rs..... each) Subscribed Capital (Shares of Rs..... each) Called-up Capital (Shares of Rs..... each) Less : Calls unpaid Add : Forfeited shares 95 ----- SCHEDULE 2—RESERVES AND SURPLUS As on 31-3__ As on 31-3__ (current year) (previous year) I. Statutory Reserves Opening Balance Additions during the year Deductions during the year II. Capital Reserves Opening Balance Additions during the year Deductions during the year III. Share premium Opening Balance Additions during the year Deductions during the year IV. Revenue and other Reserves Opening Balance Additions during the year Deductions during the year V. Balance of Profit and Loss Account ____________ ____________ TOTAL : (I, II, III, IV and V) ____________ ____________ SCHEDULE 3—DEPOSITS As on 31-3__ As on 31-3__ (current year) (previous year) A. I. Demand Deposits (i) From Banks (ii) From others II. Savings Bank Deposits III. Term Deposits (i) From Banks (ii) From others ____________ ____________ TOTAL : (I, II, III) ____________ ____________ B. (i) Deposits of branches in India (ii) Deposits of branches outside India ________ ____________ TOTAL _________ ___________ 96 ----- SCHEDULE 4—BORROWINGS I. Borrowing in India (i) Reserve Bank of India (ii) Other Banks (iii) Other institutions and agencies II. Borrowings outside India As on 31-3__ As on 31-3__ (current year) (previous year) ____________ ____________ TOTAL : (I and II) ___________ ____________ Secured borrowings included in I and II above—Rs. SCHEDULE 5 —OTHER LIABILITIES AND PROVISIONS As on 31-3__ As on31-3__ (current year) (previous year) I. Bills payable II. Inter-office adjustments (net) III. Interests accrued IV. Others (Including provisions) ____________ ____________ TOTAL : ____________ ____________ SCHEDULE 6—CASH AND BALANCES WITH RESERVE BANK OF INDIA As on 31-3__ As on 31-3__ (current year) (previous year) I. Cash in hand (Including foreign currency notes) II. Balance with Reserve Bank of India (i) in Current Account (ii) in other Accounts ____________ ____________ TOAL : (I and II) ____________ ____________ SCHEDULE 7—BALANCES WITH BANKS AND MONEY AT CALL AND SHORT NOTICE As on 31-3__ As on 31-3__ (current year) (previous year) I. In India (i) Balances with banks (a) In Current Accounts 97 ----- (b) In Other Deposit Accounts (ii) Money at call and short notice (a) With banks (b) With other institutions ____________ ____________ TOTAL : (I and II) ____________ ____________ II. Outside India (i) in Current Accounts (ii) in Other Deposit Accounts (iii) Money at call and short notice ____________ ____________ TOTAL : (I, II and III) ____________ ____________ ____________ ____________ GRAND TOTAL : (I and II) ____________ ____________ SCHEDULE 8—INVESTMENTS As on 31-3__ As on 31-3__ (current year) (previous year) I. Investments in India in (i) Government Securities (ii) Other approved securities (iii) Shares (iv) Debentures and Bonds (v) Subsidiaries and/or joint ventures (vi) Others (to be specified) ____________ ____________ TOTAL : ____________ ____________ II. Investments outside India in (i) Government securities (Including local authorities) (ii) Subsidiaries and/or joint ventures abroad (iii) Other investments (to be specified) ____________ Total : ____________ GRAND TOTAL : (I and II) ____________ ____________ 98 ----- SCHEDULE 9—ADVANCES As on 31-3__ As on 31-3__ current year) (previous year) A. (i) Bills purchased and discounted (ii) Cash credits, overdrafts and loans repayable on demand (iii) Term loans ____________ ____________ TOTAL : ____________ ____________ B. (i) Secured by tangible assets (ii) Covered by Bank/Government Guarantees (iii) Unsecured TOTAL : ____________ ____________ ____________ ____________ C. I. Advances in India (i) Priority sectors (ii) Public sector (iii) Banks (iv) Others ____________ ____________ TOTAL : ____________ ____________ II. Advances Outside India (i) Due from banks (ii) Due from others (a) Bills purchased and discounted (b) Syndicated loans (c) Others ____________ ____________ TOTAL : ________ ___________ ____________ ____________ GRAND TOTAL : (C.I. & C.II) ____________ ____________ SCHEDULE 10—FIXED ASSETS As on 31-3__ As on 31-3__ (current year) (previous year) I. Premises At cost as on 31st March of the preceding year 99 ----- Additions during the year Deductions during the year Depreciation to date II. Other Fixed Assets (including furniture and fixtures) At cost as on 31st March of the preceding year Additions during the year Deductions during the year Depreciation to date TOTAL : (I and II) ____________ ____________ ____________ ____________ SCHEDULE 11—OTHER ASSETS As on 31-3__ As on 31-3__ (current year) (previous year) I. Inter-office adjustment (net) II. Interest accrued III. Tax paid in advance/tax deducted at source IV. Stationery and stamps V. Non-banking assets acquired in satisfaction of claims VI. Others* ____________ ____________ TOTAL : ____________ ____________ *In case there is any unadjusted balance of loss the same may be shown under this item with appropriate foot-note. SCHEDULE 12—CONTINGENT AVAIBILITIES As on 31-3__ As on 31-3__ (current year) (previous year) I. Claims against the bank not acknowledged as debts II. Liability for partly paid investments III. Liability on account of outstanding forward exchange contracts IV. Guarantees given on behalf of constituents (a) In India (b) Outside India V. Acceptances, endorsements and other obligations VI. Other items for which the bank is contingently Liable ____________ ____________ TOTAL : ____________ ____________ 100 ----- FORM B (000’s omitted) FORM OR PROFIT AND LOSS ACCOUT FOR THE YEAR ENDED ON 31ST MARCH (YEAR) Year ended 31-3_ (current year) Year ended 31-3_ (previous year) I. INCOME Interest earned Other Income II. EXPENDITURE TOTAL : Interest expended Operating expenses Provisions and contingencies TOTAL : III. PROFIT/LOSS Net Profit/Loss (-) for the year Profit/Loss (-) brought forward TOTAL : IV. APPROPRIATIONS Transfer to statutory reserves Transfer to other reserves Transfer to Government/proposed dividend Balance carried over to balance sheet TOTAL : Schedule No. 13 14 15 16 SCHEDULE 13—INTEREST EARNED Year ended on Year ended on 31-3__ 31-3__ (current year) (previous year) I. Interest/discount on advance/bills II. Income on investments 101 ----- III. Interest on balances with Reserve Bank of India and other inter-bank funds IV. Others ______________ ______________ TOTAL : ______________ ______________ SCHEDULE 14—OTHER INCOME Year ended on Year ended on 31-3__ 31-3___ (current year) (previous year) I. Commission, exchange and brokerage II. Profit on sale of investments Less : Loss on sale of investments III. Profit on revaluation of investments Less : Loss on revaluation of investments IV. Profit on sale of land, buildings and other assets Less : Loss on sale of land, buildings and other assets V. Profit on exchange transactions Less : Loss on exchange transactions VI. Income earned by way of dividends etc. from subsidiaries/companies and/or joint ventures abroad/in India VII. Miscellaneous Income ______________ ______________ TOTAL : ______________ ______________ NOTE : Under items II to V loss figures may be shown in brackets. SCHEDULE 15—INTEREST EXPENDED Year ended on Year ended on 31-3__ 31-3__ (current year) (previous year) I. Interest on deposits II. Interest on Reserve Bank of India/ Inter-back borrowings III. Others TOTAL : ______________ ______________ ______________ ______________ 102 ----- SCHEDULE 16—OPERATING EXPENSES Year ended on Year ended on 31-3......... 31-3................. (current year) (previous year) I. Payments to and provisions for employees II. Rent, taxes and lighting III. Printing and stationery IV. Advertisement and publicity V. Depreciation on Bank's property VI. Director's fees, allowances and expenses VII. Auditors' fees and expenses (Including branch auditors) VIII. Law charges IX. Postages. Telegrams, Telephones, etc. X. Repairs and maintenance XI. Insurance XII. Other expenditure ____________ ____________ TOTAL : ______________ __________ 103 ----- 1[THE FOURTH SCHEDULE [See section 45D(2)] LIST OF DEBTORS 1. The official liquidator shall from time to time submit list of debtors to the High Court, each list being verified by an affidavit. 2. Every such list shall contain the following particulars:— (a) names and addresses of the debtors; (b) amount of debt due to the banking company by each debtor; (c) rate of interest, if any, and the date up to which such interest has been calculated in the case of each debtor; (d) description of papers, writings, and documents, if any, relating to each debt; (e) relief or reliefs claimed against each debtor. 3. (a) In every such list, the official liquidator shall distinguish between the debts for which the banking company holds and security other than a personal security and the debts for which no security or only a personal security is given; (b) In the case of secured debts, particulars of the securities claimed by the banking company, and whenever possible their estimated value, and the names and addresses of person or persons, if any, having an interest in the securities or the right of redemption therein; (c) In case the debt is guaranteed by any person or persons, the name and address of the guarantor or guarantors with particulars as to the extent to which the debt is guaranteed and description of documents, papers or writings in support of such guarantee. 4. If the debtor is adjudged insolvent either before or after he has been included in any such list, but before such list is settled, the name and address of the assignee or the receiver of his estate, as the case may be, should be stated in, or added to, the list. 5. If the original debtor dies either before or after he has been included in any such list, but before such list is settled, there shall be substituted in his place the names and addresses of his legal representatives as far as the official liquidator is able to ascertain.] 1 Ins. by Act 52 of 1953, s. 12 (w.e.f. 30-12-1953). 104 ----- 1[THE FIFTH SCHEDULE (See section 36AG) PRINCIPLES OF COMPENSATION 1. The compensation to be given under section 36AG shall be an amount equal to the value of the assets of the acquired bank as on the day immediately before the appointed day, computed in accordance with the provisions of Part I of this Schedule less the total amount of liabilities thereof computed in accordance with the provisions of Part II of this Schedule. _Part I.—Assets_ For the purposes of this Part “assets” means the total of the following:— (a) the amount of cash in hand and with the Reserve Bank and the State Bank of India (including foreign currency notes which shall be converted at the market rate of exchange); (b) the amount of balances with any bank, whether on deposit or current account, and money at call and short notice, balance held outside India being converted at the market rate of exchange: Provided that any balance which are not realisable in full shall be deemed to be debts and valued accordingly:— (c) the market value, as on the day immediately before the appointed day, of any securities, shares debentures, bonds and other investments, held by the bank concerned. _Explanation.—For the purposes of this clause,—_ (i) securities of the Central and State Governments [other than the securities specified in sub clauses (ii) and (iii) of this _Explanation] maturing for redemption, within five years from the_ appointed day shall be valued at the face value or the market value, whichever is higher; (ii) securities of the Central Government, such as Post Office Certificates and Treasury Savings Deposit Certificates and any other securities or certificates issued or to be issued under the Small Savings Scheme of the Central Government, shall be valued at their face value or the encashable value of the market value, as on the day immediately before the appointed day, whichever is higher; (iii) where the market value of any Government security such as the zamindari abolition bonds or other similar security in respect of which the principal is payable in instalment, is not ascertainable or is, for any reason, not considered as reflecting the fair value thereof or as otherwise appropriate, the security shall be valued at such an amount as is considered reasonable having regard to the instalments of principal and interest remaining to be paid, the period during which such instalments are payable, the yield of any security, issued by the Government to which the security pertains and having the same or approximately the same maturity, and other relevant factors; (iv) where the market value of any security, share, debenture, bond or other investment is not considered reasonable by reason of its having been affected by abnormal factors, the investment may be valued on the basis of its average market value over any reasonable period; (v) where the market value of any security, share, debenture, bond or other investment is not ascertainable, only such value, if any, shall be taken into account as is considered reasonable having regard to the financial position of the issuing concern, the dividend paid by it during the preceding five years and other relevant factors; (d) the amount of advances (including loans, cash, credits, overdrafts, bills purchased and discounted), and other debts, whether secured or unsecured, to the extent to which they are reasonably considered recoverable, having regard to the value of the security, if any, the operations 1 Ins. by Act 58 of 1968, s. 22 (w.e.f. 1-2-1969). 105 ----- on the account, the reported worth and respectability of the borrower, the prospects of realisation and other relevant considerations; (e) the value of any land or buildings; (f) the total amount of premia paid, in respect of all leasehold properties, reduced in the case of each such premium by an amount which bears to such premium the same proportion as the expired term of the lease in respect of which such premium shall have been paid bears to the total term of the lease; (g) the written down value as per books, or the realisable value, as may be considered reasonable, of all furniture, fixture and fittings; (h) the market or realisable value, as may be a appropriate, of the other assets appearing on the books of the bank, no value being allowed for capitalised expenses, such as share selling commission, organisational expenses and brokerage, losses incurred and similar other items. _Part II.—Liabilities_ For the purpose of the Part “liabilities” means the total amount of all outside liabilities existing on the appointed day, and all contingent liabilities which the Central Government or the transferee bank may reasonably be expected to be required to be out of its own resources on or after the appointed day and where the acquired bank is a banking company incorporated outside India, includes the liabilities of the offices and branches in India of the acquired bank to its offices and branches outside India. 2. If the acquired bank is not incorporated in India, the assets or, as the case may be, the liabilities of the bank shall be, for the purposes of Part 1 and Part 11, and subject to the other provisions therein, the assets and liabilities of the offices of the bank situated in India. COMPENSATION PAYABLE TO SHAREHOLDERS 3. Every shareholder of the acquired bank to whom the compensation is payable, shall be given such amount as compensation, as bears to the total compensation, calculated in accordance with the provisions of paragraph 1, the same proportion as the amount of paid-up capital of the shares held by the shareholder bears to the total-up capital of the acquired bank. CERTAIN DIVIDENDS NOT TO BE TAKEN INTO ACCOUNT 4. No separate compensation shall be payable for any profits or any dividends in respect of any period immediately preceding the appointed day, for which, in the ordinary course, profits would have been transferred or dividend declared after the appointed day.] 106 -----

14-Apr-1949

20

The West Godavari District (Assimilation of Laws on Federal Subjects) Act, 1949

https://www.indiacode.nic.in/bitstream/123456789/1974/3/a1949-20.pdf

central

# THE WEST GODAVARI DISTRICT (ASSIMILATION OF LAWS ON FEDERAL SUBJECTS) ACT, 1949 ___________ ARRANGEMENT OF SECTIONS _____________ SECTIONS 1. Short title and commencement. 2. Interpretation. 3. Assimilation of laws. 4. Provision for removal of difficulties. THE SCHEDULE. 1 ----- # THE WEST GODAVARI DISTRICT (ASSIMILATION OF LAWS ON FEDERAL SUBJECTS) ACT, 1949 ACT NO. 20 OF 1949 [14th April, 1949.] # An Act to assimilate certain laws in force in different parts of the West Godavari District of the Province of Madras. WHEREAS by virtue of the Madras Partially Excluded Area (Cesser) Order, 1948, made under section 91 of the Government of India Act, 1935, the area comprised in the villages specified in Article 2 of the said Order ceased, as from the 1st day of July, 1948, to be part of a partially excluded area in the West Godavari District of the Province of Madras; AND WHEREAS it is expedient that the laws in force in the said area with respect to the matters enumerated in List I in the Seventh Schedule to the Government of India Act, 1935 (25 and 26 Geo. 5, c. 2), should be assimilated to the laws in force with respect to the said matters in the rest of the said district; It is hereby enacted as follows:— **1. Short title and commencement.—(1) This Act may be called the West Godavari District** (Assimilation of Laws on Federal Subjects) Act, 1949. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Interpretation.—In this Act—** (a) “appointed day” means the date appointed under sub-section (2) of section 1 for the coming into force of this Act; (b) “Eluru Taluk” means the taluk of that name in the West Godavari district of the State of Madras; (c) “law” means any Act, Ordinance, Regulation, rule, order or bye-law, relating to any of the matters enumerated in List I in the Seventh Schedule to the Government of India Act, 1935 (25 and 26 Geo. 5, c. 2); and (d) “Scheduled area” means the area comprised in the villages which are specified in the Schedule to this Act **3. Assimilation of laws.—(1) All laws which immediately before the appointed day extend to, or are** in force in, the Eluru Taluk, but not in the scheduled area, shall, as from that day, extend to, or as the case may be, come into force in, the scheduled area. (2) All laws which immediately before the appointed day are in force in the scheduled area, but not in the Eluru Taluk, shall on that day cease to be in force in the scheduled area, except as respects things done or omitted to be done before that day. **4. Provision for removal of difficulties.—If any difficulty arises in relation to the transition from the** laws mentioned in sub-section (2) of section 3 to the laws mentioned in sub-section (1) thereof, the Central Government may, by order notified in the Official Gazette, make such provision as it considers necessary for the removal of such difficulty. 1. 1st July, 1949, see Gazette of India, 1949, Extraordinary. 2 ----- A. Villages in Polavaram Firka— 1. Gangole. 2. Dondapudi. 3. Sagipadu. 4. Karakapadu. 5. Mangiparthi Devipeta. 6. Kannapuram. 7. Mahadevapuram. 8. Dippakayalapadu. 9. Venkatayipalem. 10. Cherukumilli. 11. Ballipadu. 12 Pattisam. 13. Gutala. 14. Tadipudi. (Gutala part). 15. Tadipudi (Pattisam part). 16. Ragolapalli (Gutala part). 17. Ragolapalli (Pattisam part). 18. Pochavaram. 19. Tupakulagudem. 20. Bayyavaram. 21. Venkatapuram. 22. Suggonda. B. Villages in Zangareddigudem Firka— 1. Saripalli (Zamindari). 2. Zangareddigudem (Zamindari). 3. Vedantapuram (Inam). 4. Ramanujapuram (Inam). 5. Parimpudi 6. Bayyangudem (Zamindari). 7. Akkampeta. 8. Sreenivasapuram (Inam). 9. Pullepudi (Inam). 10. Pattenapalem. C. Villages in Jeelugumilli Firka— 1. Mysenagudem. 2. Peddipalli. 3. Taduvayi. 4. Matanagudem. 5. Ayyavari (Polavaram) (Inam). THE SCHEDULE [See section 2(d)] 3 -----

1-May-1949

38

The Chartered Accountants Act, 1949

https://www.indiacode.nic.in/bitstream/123456789/1552/1/a1949-38.pdf

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# THE CHARTERED ACCOUNTANTS ACT, 1949 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Interpretation. CHAPTER II THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 3. Incorporation of the Institute. 4. Entry of names in the Register of members. 5. Fellows and Associates. 6. Certificate of practice. 7. Members to be known as Chartered Accountants. 8. Disabilities. CHAPTER III COUNCIL OF THE INSTITUTE 9. Constitution of the Council of the Institute. 9A. Coordination Committee. 10. Re-election or re-nomination to Council. 10A. Settlement of dispute regarding election. 10B. Establishment of Tribunal. 11. Nomination in default of election or nomination. 12. President and Vice-President. 13. Resignation of membership and casual vacancies. 14. Duration and dissolution of Council. 15. Functions of the Council. 15A. Imparting education by Universities and other bodies. 15B.Functions of Institute. 16. Officers and employees, salary, allowances, etc. 17. Committees of the Council. 18. Finance of the Council. CHAPTER IV REGISTER OF MEMBERS 19. Register of members. 20. Removal from the Register of members. CHAPTER V MISCONDUCT 21. Disciplinary Directorate. ----- SECTIONS 21A. Board of Discipline. 21B. Disciplinary Committee. 21C. Authority, Disciplinary Committee, Board of Discipline and Director (Discipline) to have powers of civil court. 21D. Transitional provisions. 22. Professional or other misconduct defined. 22A. Constitution of Appellate Authority. 22B. Term of office of Chairperson and members of Authority. 22C. Allowances and conditions of service of Chairperson and members of Authority. 22D. Procedure to be regulated by Authority. 22E. Officers and other staff of Authority. 22F. Resignation and removal of Chairperson and members. 22G. Appeal to Authority. CHAPTER VI REGIONAL COUNCILS 23. Constitution and functions of Regional Councils. CHAPTER VII PENALTIES 24. Penalty for falsely claiming to be a member, etc. 24A. Penalty for using name of the Council, awarding degrees of chartered accountancy, etc. 25. Companies not to engage in accountancy. 26. Unqualified persons not to sign documents. 27. Maintenance of branch offices. 28. Sanction to prosecute. CHAPTER VII A QUALITY REVIEW BOARD 28A. Establishment of Quality Review Board. 28B. Functions of Board. 28C. Procedure of Board. 28D. Terms and conditions of services of Chairperson and members of Board and its expenditure. CHAPTER VIII MISCELLANEOUS 29. Reciprocity. 29A. Power of Central Government to make rules 30. Power to make regulations. 30A. Powers of Central Government to direct regulations to be made or to make or amend regulations. ----- SECTIONS 30B. Rules, regulations and notifications to be laid before Parliament. 30C. Power of Central Government to issue directions. 30D. Protection of action taken in good faith. 30E. Members, etc., to be public servants. 31. Construction of references. 32. Act not to affect right of accountants to practise as such in Part B States. 33. [Repealed.] THE FIRST SCHEDULE. THE SECOND SCHEDULE. ----- # THE CHARTERED ACCOUNTANTS ACT, 1949 # ACT NO. 38 OF 1949 [1st May, 1949.] # An Act to make provision for the [1][regulation and development] of the [2][profession of chartered accountants]. WHEREAS it is expedient to make provision for the [1][regulation and development] of the 2[profession of chartered accountants] and for that purpose to establish an Institute of Chartered Accountants; It is hereby enacted as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Chartered Accountants** Act, 1949. 3[(2) It extends to the whole of India 4***.] (3) It shall come into force on such date[5] as the Central Government may, by notification in the Official Gazette, appoint in this behalf. **2. Interpretation.—(1) In this Act, unless there is anything repugnant in the subject or context,—** (a) “associate” means an associate member of the Institute; 6[(aa) “Authority” means the Appellate Authority constituted under section 22A; (aaa) “Board” means the Quality Review Board constituted under section 28A;] 7[(ab) “Board of Discipline” means the Board of Discipline constituted under sub-section (1) of section 21A;] (b) “chartered accountant” means a person who is a member of the Institute [8]***; 7[(ba) “Coordination Committee” means the Coordination Committee constituted under section 9A; (bb) “Companies Act” means the Companies Act, 2013 (18 of 2013) or any other previous company law as defined in clause (67) of section 2 of the said Act;] (c) “Council” means the Council of the Institute [7][constituted under section 9]; 9[(ca) “firm” shall have the meaning assigned to it in section 4 of the Indian Partnership Act, 1932 (9 of 1932), and includes,— (i) the limited liability partnership as defined in clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009); or 1. Subs. by Act 12 of 2022, s. 2, for “regulation” (w.e.f. 10-5-2022). 2. Subs. by Act 15 of 1959, s. 2, for “profession of accountants” (w.e.f. 1-7-1959). 3. Subs. by the A.O. 1950, for sub-section (2). 4. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1968, s. 3 and the Schedule (w.e.f. 15-8-1968). 5. 1st July, 1949, _vide Notification No. I OA (4)/49, dated 1st June, 1949,_ _see Gazette of India, Extraordinary, Part II,_ sec. 3(i) and this Act has been extended in its application to the union territory Goa, Daman and Diu by Act 11 of 1963, s. 3 and the Schedule (w.e.f. 1-2-1965). 6. Ins. by Act 9 of 2006, s. 2 (w.e.f. 8-8-2006). 7. Ins. by Act 12 of 2022, s. 3 (w.e.f. 10-5-2022). 8. The words “and who is in practice” omitted by Act 15 of 1959, s. 3 (w.e.f. 1-7-1959). 9. Ins. by Act 3 of 2012, s. 2 (w.e.f. 1-2-2012). ----- (ii) the sole proprietorship, registered with the Institute;] 1[(cb) “Director (Discipline)” means the Director (Discipline) referred to in section 21 and includes Joint Director (Discipline); (cc) “Disciplinary Committee” means the Disciplinary Committee constituted under sub-section (1) of section 21B; (cd) “Disciplinary Directorate” means the Disciplinary Directorate established under sub-section (1) of section 21; (ce) “fellow” means a fellow member of the Institute;] (d) “holder of a restricted certificate” means a person holding a permanent or temporary restricted certificate granted by a State Government under the Restricted Certificates Rules, 1932; (e) “Institute” means the Institute of Chartered Accountants of India constituted under this Act; 2[(ea) “notification” means a notification published in the Official Gazette and the term “notify” shall be construed accordingly;] 3[(eb) “partner” shall have the meaning assigned to it in section 4 of the Indian Partnership Act, 1932 (9 of 1932), or in clause (q) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009), as the case may be; (ec) “partnership” means — (A) a partnership as defined in section 4 of the Indian Partnership Act, 1932 (9 of 1932); or (B) a limited liability partnership which has no company as its partner;] (f) “prescribed” means prescribed by regulations made under this Act; 4[(g) “Register” means the Register of members of the Institute maintained under section 19 or the Register of firms of the Institute maintained under section 20B, as the case may be;] (h) “registered accountant” means any person who has been enrolled on the Register of Accountants maintained by the Central Government under the Auditor’s Certificates Rules, 1932; [3][(ha) “specified” means specified by rules made by the Central Government under this Act; 5[(haa) “sole proprietorship” means an individual who engages himself in the practice of accountancy or offers to perform services referred to in clauses (ii) to (iv) of sub-section (2);] 1[(haaa) “Standing Committee” means a Standing Committee constituted under sub-section (1) of section 17;] (hb) “Tribunal” means a Tribunal established under sub-section (1) of section 10B;] (i) “year” means the period commencing on the 1st day of April of any year and ending on the 31st day of March of the succeeding year. (2) A member of the Institute shall be deemed “to be in practice” when individually or in partnership with chartered accountants [6][in practice [7][or in partnership with members of such other recognised professions as may be prescribed]], he, in consideration of remuneration received or to be received— (i) engages himself in the practice of accountancy; or 1. Ins. by Act 12 of 2022, s. 3 (w.e.f. 10-5-2022). 2. Subs. by s. 3, ibid., for clause (ea) (w.e.f. 10-5-2022). 3. Ins. by Act 9 of 2006, s. 2 (w.e.f. 8-8-2006). 4. Subs. by Act 12 of 2022, s. 3, for clause (g) (w.e.f. 10-5-2022). 5. Ins. by Act 3 of 2012, s. 2 (w.e.f. 1-2-2012). 6. Ins. by Act 15 of 1959, s. 3 (w.e.f. 1-7-1959). 7. Ins. by Act 3 of 2012, s. 2 (w.e.f. 1-2-2012). ----- (ii) offers to perform or performs services involving the auditing or verification of financial transactions, books, accounts, or records or the preparation, verification or certification of financial accounting and related statements or holds himself out to the public as an accountant; or (iii) renders professional services or assistance in or about matters of principle or detail relating to accounting procedure or the recording, presentation or certification of financial facts or data; or (iv) renders such other services as, in the opinion of the Council, are or may be rendered by a chartered accountant [1][in practice]; and the words “to be in practice” with their grammatical variations and cognate expressions shall be construed accordingly. _Explanation.—An associate or a fellow of the Institute who is a salaried employee of a chartered_ accountant [1][in practice] or [2][a firm of such chartered accountants or firm consisting of one or more chartered accountants and members of any other professional body having prescribed qualifications] [1][in practice] shall, notwithstanding such employment, be deemed to be in practice for the limited purpose of the [3][training of articled assistants]. CHAPTER II THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA **3. Incorporation of the Institute.—(1) All persons whose names are entered in the Register at the** commencement of this Act and all persons who may hereafter have their names entered in the Register under the provisions of this Act, so long as they continue to have their names borne on the said Register, are hereby constituted a body corporate by the name of the Institute of Chartered Accountants of India, and all such persons shall be known as members of the Institute. (2) The Institute shall have perpetual succession and a common seal and shall have power to acquire, hold and dispose of property, both movable and immoveable, and shall by its name sue or be sued. **4. Entry of names in the** [4][Register of members].—(1) Any of the following persons shall be entitled to have his name entered in the [4][Register of members], namely,— (i) any person who is a registered accountant or a holder of a restricted certificate at the commencement of this Act; (ii) any person who has passed such examination and completed such training as may be prescribed for members of the Institute; (iii) any person who has passed the examination for the Government Diploma in Accountancy or an examination recognised as equivalent thereto by the rules for the award of the Government Diploma in Accountancy before the commencement of this Act, and who, although not duly qualified to be registered as an accountant under the Auditors' Certificates Rules, 1932, fulfils such conditions as the Central Government may specify in this behalf; (iv) any person who, at the commencement of this Act, is engaged in the practice of accountancy in any Part B State and who, although not possessing the requisite qualifications to be registered as an accountant under the Auditors’ Certificates Rules, 1932, fulfils such conditions as the Central Government may specify in this behalf; 5[(v) any person who has passed such other examination and completed such other training 6[outside India] as is recognised by the Central Government or the Council as being equivalent to the examination and training prescribed for members of the Institute: 1. Ins. by Act 15 of 1959, s. 3 (w.e.f. 1-7-1959) 2. Subs. by Act 3 of 2012, s. 2, for “a firm of such chartered accountants” (w.e.f. 1-2-2012). 3. Subs. by Act 9 of 2006, s. 2, for “training of articled clerks” (w.e.f. 8-8-2006). 4. Subs. by Act 12 of 2022, s. 4, for “Register” (w.e.f. 10-5-2022). 5. Subs. by Act 40 of 1955, s. 2, for clause (v) (w.e.f. 21-10-1955). 6. Subs. by Act 12 of 2022, s. 4, for “without India” (w.e.f. 10-5-2022). ----- Provided that in the case of any person who is not permanently residing in India, the Central Government or the Council, as the case may be, may impose such further conditions as it may deem fit;] (vi) any person domiciled in India, who at the commencement of this Act is studying for any foreign examination and is at the same time undergoing training, whether within or [1][outside India], or, who, having passed such foreign examination, is at the commencement of this Act undergoing training, whether within or without India: Provided that any such examination or training was recognised before the commencement of this Act for the purpose of conferring the right to be registered as an accountant under the Auditors' Certificates Rules, 1932, and provided further that such person passes the examination or completes the training within five years after the commencement of this Act. (2) Every person belonging to the class mentioned in clause (i) of sub-section (1) shall have his name entered in the [2][Register of members] without the payment of any entrance fee. 3[(3) Every person belonging to any of the classes mentioned in clauses (ii), (iii), (iv), (v) and (vi) of sub-section (1) shall have his name entered in the [2][Register of members] on application being made and granted in the prescribed manner and on payment of such fees, as may be determined, by notification, by the Council [4]***. 5* - - - *.] (4) The Central Government shall take such steps as may be necessary for the purpose of having the names of all persons belonging to the class mentioned in clause (i) of sub-section (1) entered in the 2[Register of members]. **5. Fellows and associates.—(1) The members of the Institute shall be divided into two classes** designated respectively as associates and fellows. (2) Any person shall, on his name being entered in the [6][Register of members], be deemed to have become an associate member of the Institute and be entitled to use the letters A. C. A. after his name to indicate that he is an associate member of the Institute of Chartered Accountants. 7[(3) A member, being an associate who has been in continuous practice in India for at least five years, whether before or after the commencement of this Act, or whether partly before and partly after the commencement of this Act, and a member who has been an associate for a continuous period of not less than five years and who possesses such qualifications as the Council may prescribe with a view to ensuring that he has experience equivalent to the experience normally acquired as a result of continuous practice for a period of five years as a chartered accountant shall, on payment of such fees, as may be determined, by notification, by the Council, [8]*** and on application made and granted in the prescribed manner, be entered in the [6][Register of members] as a fellow of the Institute and shall be entitled to use the letters F. C. A. after his name to indicate that he is a fellow of the Institute of Chartered Accountants. 9* - - - *] **6. Certificate of practice.—(1) No member of the Institute shall be entitled to practise [10][whether in** India or elsewhere] unless he has obtained from the Council a certificate of practice: 1. Subs. by Act 12 of 2022, s. 4, for “without India” (w.e.f. 10-5-2022). 2. Subs. by s. 4, ibid., for “Register” (w.e.f. 10-5-2022). 3. Subs. by Act 9 of 2006, s. 3, for sub-section (3) (w.e.f. 8-8-2006). 4. The words “, which shall not exceed rupees three thousand” omitted by Act 12 of 2022, s. 4 (w.e.f. 10-5-2022). 5. The Proviso omitted by s. 4, ibid. (w.e.f. 10-5-2022). 6. Subs. by s. 5, ibid., for “Register” (w.e.f. 10-5-2022). 7. Subs. by Act 9 of 2006, s. 4, for sub-section (3) (w.e.f. 8-8-2006). 8. The words “which shall not exceed rupees five thousand” omitted by Act 12 of 2022, s. 5 (w.e.f. 10-5-2022). 9. The Proviso omitted by s. 5, ibid. (w.e.f. 10-5-2022). 10. Ins. by Act 15 of 1959, s. 5 (w.e.f. 1-7-1959). ----- 1[(2)Every such member shall pay annual fee for the certificate as may be determined, by notification, by the Council, and such fee shall be payable on or before the 1st day of April each year:] 2[(3) The certificate of practice obtained under sub-section (1) may be cancelled by the Council under such circumstances as may be prescribed.] **7. Members to be known as Chartered Accountants.—[3][Every member of the Institute in practice** shall, and any other member may, use the designation of a chartered accountant and no member using such designation shall use any other description, whether in addition thereto or in substitution therefore]: Provided that nothing contained in this section shall be deemed to prohibit any such person from adding any other description or letters to his name, if entitled thereto, to indicate membership of such other Institute of Accountancy, whether in India or elsewhere, as may be recognised in this behalf by the Council, or any other qualification that he may possess, or to prohibit a firm, all the partners of which are members of the Institute and in practice, from being known by its firm name as Chartered Accountants. **8. Disabilities.—Notwithstanding anything contained in section 4, a person shall not be entitled to** have his name entered in or borne on the [4][Register of members] if he— (i) has not attained the age of twenty-one years at the time of his application for the entry of his name in the [4][Register of members]; or 5[(ii) is of unsound mind and stands so adjudged by a competent court; or] (iii) is an undischarged insolvent [6][or an undischarged bankrupt] ; or 6[(iiia) is declared bankrupt under the Insolvency and Bankruptcy Code, 2016 (31 of 2016); or] (iv) being a discharged insolvent, has not obtained from the Court a certificate stating that his insolvency was caused by misfortune without any misconduct on his part; or (v) has been convicted by a competent Court, whether within or [7][outside India], of an offence involving moral turpitude and punishable with [8]*** imprisonment or of an offence, not of a technical nature, committed by him in his professional capacity unless in respect of the offence committed he has either been granted a pardon or, on an application made by him in this behalf, the Central Government has, by an order in writing, removed the disability; or 9[(vi) has been removed from membership of the Institute on being found on inquiry to have been guilty of professional or other misconduct: Provided that a person who has been removed from membership for a specified period, shall not be entitled to have his name entered in the [4][Register of members] until the expiry of such period.] CHAPTER III COUNCIL OF THE INSTITUTE **9. Constitution of the Council of the Institute.—(1) There shall be a Council of the Institute for the** management of the affairs of the Institute and for discharging the functions assigned to it under this Act. 10[(2) The Council shall be composed of the following persons, namely:— 1. Subs. by Act 12 of 2022, s. 6, for sub-section (2) (w.e.f. 10-5-2022). 2. Ins. by Act 9 of 2006, s. 5 (w.e.f. 8-8-2006). 3. Subs. by Act 15 of 1959, s. 6, for certain words (w.e.f. 1-7-1959). 4. Subs. by Act 12 of 2022, s. 7, for “Register” (w.e.f. 10-5-2022). 5. Subs. by Act 15 of 1959, s. 7, for clause (ii) (w.e.f. 1-7-1959). 6. Ins. by Act 12 of 2022, s. 7 (w.e.f. 10-5-2022). 7. Subs. by s. 7, ibid., for “without India” (w.e.f. 10-5-2022). 8. The words “transportation or” omitted by s. 7, ibid. (w.e.f. 10-5-2022). 9. Subs. by Act 15 of 1959, s. 7, for clause (vi) (w.e.f. 1-7-1959). 10. Subs. by Act 9 of 2006, s. 6, for sub-section (2) (w.e.f. 5-9-2006). ----- (a) not more than thirty-two persons elected by the members of the Institute from amongst the fellows of the Institute chosen in such manner and from such regional constituencies as may be specified: Provided that a fellow of the Institute, who has been found guilty of any professional or other misconduct and whose name is removed from the [1][Register of members] or has been awarded penalty of fine, shall not be eligible to contest the election,— (i) in case of misconduct falling under the First Schedule of this Act, for a period of [2][four years]; (ii) in case of misconduct falling under the Second Schedule of this Act, for a period of 3[eight years], from the completion of the period of removal of name from the [1][Register of members] or payment of fine, as the case may be; (b) not more than eight persons to be nominated in the specified manner, by the Central Government.] 4[(3) No person holding a post under the Central Government or a State Government shall be eligible for election to the Council under clause (a) of sub-section (2). (4) No [5][member of the Institute or any partner of a firm] who has been auditor of the Institute shall be eligible for election to the Council under clause (a) of sub-section (2), for a period of [6][four years] after he ceases to be an auditor.] 7[9A. **Coordination Committee.—(1) There shall be a Coordination Committee consisting of the** President, Vice-President and the Secretary of the Council of each of the Institutes of Chartered Accountants of India, the Cost Accountants of India and the Company Secretaries of India for the development and harmonisation of the professions of Chartered Accountants, Cost Accountants and Company Secretaries. (2) The meeting of the Coordination Committee shall be chaired by the Secretary, Ministry of Corporate Affairs. (3) The meeting of the Coordination Committee shall be held once in every quarter of a year. (4) The Committee shall be responsible for the effective coordination of the functions assigned to each Institute and shall–– (i) ensure quality improvement of the academics, infrastructure, research and all related works of the Institute; (ii) focus on the coordination and collaboration among the professions, to make the profession more effective and robust; (iii) align the cross-disciplinary regulatory mechanisms for inter professional development; (iv) make recommendations in matters relating to regulatory policies for the professions; (v) perform such other functions incidental to clauses (i) to (iv) above.] 1. Subs. by Act 12 of 2022, s. 8, for “Register” (w.e.f. 10-5-2022). 2. Subs. by s. 8, ibid., for “three years” (w.e.f. 10-5-2022). 3. Subs. by s. 8, ibid., for “six years” (w.e.f. 10-5-2022). 4. Ins. by Act 9 of 2006, s. 6 (w.e.f. 5-9-2006). 5. Subs. by Act 12 of 2022, s. 8, for “person” (w.e.f. 10-5-2022). 6. Subs. by s. 8, ibid., for “three years” (w.e.f. 10-5-2022). 7. Ins. by s. 9, ibid. (w.e.f. 10-5-2022). ----- 1[10. Re-election or re-nomination to Council.—2[1] A member of the Council, elected or nominated under sub-section (2) of section 9, shall be eligible for re-election or, as the case may be, renomination: Provided that no member shall hold the office for more than [3][two consecutive terms]: Provided further that a member of the Council, who is or has been elected as President under sub-section (1) of section 12, shall not be eligible for election or nomination as a member of the Council.] 4[(2) Notwithstanding anything contained in sub-section (1), a member of the Council who immediately at the commencement of the Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Act, 2022, has held office as such member for two terms or is holding office for the second term of three years, shall be eligible to contest for one more term of four years and a member who has held office for one term or is holding office for the first term of three years, shall be eligible to contest for two more consecutive terms.] 5[10A. Settlement of dispute regarding election.—In case of any dispute regarding any election under clause (a) of sub-section (2) of section 9, the aggrieved person may make an application within thirty days from the date of declaration of the result of election to the Secretary of the Institute, who shall forward the same to the Central Government. **10B. Establishment of Tribunal.—(1) On receipt of any application under section 10A, the Central** Government shall, by notification, establish a Tribunal consisting of a Presiding Officer and two other Members to decide such dispute and the decision of such Tribunal shall be final. (2) A person shall not be qualified for appointment,— (a) as a Presiding Officer of the Tribunal unless he has been a member of the Indian Legal Service and has held a post in Grade I of the service for at least three years; (b) as a Member unless he has been a member of the Council for at least one full term and who is not a sitting member of the Council or who has not been a candidate in the election under dispute; or (c) as a Member unless he holds the post of a Joint Secretary to the Government of India or any other post under the Central Government carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India. (3) The terms and conditions of service of the Presiding Officer and Members of the Tribunal, their place of meetings and allowances shall be such as may be specified. (4) The expenses of the Tribunal shall be borne by the Council.] **11. Nomination in default of election or nomination.—If any body of persons referred to in** section 9 fails to elect any of the members of the Council which it is empowered under that section to elect, the Central Government may nominate a person duly qualified to fill the vacancy, and any person so nominated shall be deemed to be a member of the Council as if he had been duly elected. **12. President and Vice-President.—(1) The Council at its first meeting shall elect two of its** members to be respectively the President and Vice President thereof, and so often as the office of the President or the Vice-President becomes vacant the Council shall choose another person to be the President or the Vice-President as the case may be: 6* - - - (2) The President shall be the [7][Head] of the Council. 1. Subs. by Act 9 of 2006, s. 7, for section 10 (w.e.f. 8-8-2006). 2. Section 10 shall be renumbered as sub-section (1) by Act 12 of 2022, s. 10 (w.e.f. 10-5-2022). 3. Subs. by s. 10, ibid., for “three consecutive terms” (w.e.f. 10-5-2022). 4. Ins. by s. 10, ibid. (w.e.f. 10-5-2022). 5. Ins. by Act 9 of 2006, s. 8 (w.e.f. 17-11-2006). 6. The Proviso omitted by Act 12 of 2022, s. 11 (w.e.f. 10-5-2022). 7. Subs. by s. 11, ibid., for “Chief Executive Authority” (w.e.f.10-5-2022). ----- 1[(2A) The President shall preside at the meetings of the Council. (2B) The President and the Vice-resident shall exercise such powers and perform such duties and functions as may be prescribed. (2C) It shall be the duty of the President to ensure that the decisions taken by the Council are implemented. (2D) If, for any reason a vacancy occurs in the office of the President, or if the President is absent or for any other reason, is unable to exercise the powers or perform the duties assigned to him, the VicePresident shall act in his place and exercise the powers and perform the duties of the President.] (3) The President or the Vice-President shall hold office for a period of one year from the date on which he is chosen but so as not to extend beyond his term of office as, a member of the Council, and, subject to his being a member of the Council at the relevant time, he shall be eligible for re-election 2[under sub-section (1)]. (4) [3][On the expiration of the duration of the Council, the [4][President and the Vice-President] of the Council at the time of such expiration] shall continue to hold office and discharge such administrative and other duties as may be prescribed until such time as a new [3][President and the Vice-President] shall have been elected and shall have taken over [5][charge of their duties]. **13. Resignation of membership and casual vacancies.—(1) Any member of the Council may at any** time resign his membership by writing under his hand addressed to the President, and the seat of such member shall become vacant when such resignation is notified in the Official Gazette. (2) A member of the Council shall be deemed to have vacated his seat if he is declared by the Council to have been absent without sufficient excuse from three consecutive meetings of the Council, [6][or he has been found guilty of any professional or other misconduct and awarded penalty of fine,] or if his name is, for any cause, removed from the [7][Register of members] under the provisions of section 20. (3) A casual vacancy in the Council shall be filled by fresh election from the constituency concerned or by nomination by the Central Government, as the case may be, and the person elected or nominated to fill the vacancy shall hold office until the dissolution of the Council: 8[Provided that no election shall be held to fill a casual vacancy occurring within 9[one year] prior to the date of the expiration of the duration of the Council, but such a vacancy may be filled by nomination by the Central Government after consultation with the President of the Council.] (4) No act done by the Council shall be called in question on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Council. **14. Duration and dissolution of Council.—[10][(1)] The duration of any Council constituted under** this Act shall be [11][four years] from the date of its first meeting, on the expiry of which it shall stand dissolved and a new Council constituted in accordance with the provisions of this Act. 12[(2) Notwithstanding the expiration of the duration of a Council (hereinafter referred to as the former Council), the former Council shall continue to exercise its functions until a new Council is 1. Ins. by Act 12 of 2022, s. 11 (w.e.f. 10-5-2022). 2. Ins. by Act 9 of 2006, s. 9 (w.e.f. 8-8-2006). 3. Subs. by Act 15 of 1959, s. 10, for “On the Dissolution of the Council, the President of the Council at the time of such dissolution (w.e.f. 1-7-1959). 4. Subs. by Act 9 of 2006, s. 9, for “President” (w.e.f. 8-8-2006). 5. Subs. by s. 9, ibid., for “charge of his duties” (w.e.f. 8-8-2006). 6. Ins. by s. 10, ibid. (w.e.f. 17-11-2006). 7. Subs. by Act 12 of 2022, s. 12, for “Register” (w.e.f. 10-5-2022). 8. Added by Act 15 of 1959, s. 11 (w.e.f. 1-7-1959). 9. Subs. by Act 9 of 2006, s. 10, for “six months” (w.e.f. 17-11-2006). 10. Section 14 re-numbered as sub-section (1) thereof by Act 15 of 1959, s. 12 (w.e.f. 1-7-1959). 11. Subs. by Act 12 of 2022, s. 13, for “three years” (w.e.f. 10-5-2022). 12. Ins. by Act 15 of 1959, s. 12 (w.e.f. 1-7-1959). ----- constituted in accordance with the provisions of this Act, and on such constitution, the former Council shall stand dissolved.] 1[15. Functions of Council.—(1) The Institute shall function under the overall control, guidance and supervision of the Council and the duty of carrying out the provisions of this Act shall be vested in the Council. (2) In particular, and without prejudice to the generality of the foregoing powers, the duties of the Council shall include— (a) to approve academic courses and their contents; 2[(b) the prescribing of fees for the examination of candidates for enrolment; (c) the granting or refusal, of registration of a firm;] (d) the prescribing of qualifications for entry in the [3][Register of members]; (e) the recognition of foreign qualifications and training for the purposes of enrolment; 4[(f) the prescribing of guidelines for grant or refusal of certificates of practice under this Act; (fa) to issue guidelines for the purpose of carrying out the objects of this Act;] 5* - - - (h) the levy [6]*** of fees from members, examinees and other persons; 7* - - ** (j) the regulation and maintenance of the status and standard of professional qualifications of members of the Institute; (k) the carrying out, by granting financial assistance to persons other than members of the Council or in any other manner, of research in accountancy; 8[(l) to conduct investor education and awareness programmes; (la) to enter into any memorandum or arrangement with the prior approval of the Central Government, with any agency of a foreign country, for the purpose of performing its functions under this Act;] (m) to enable functioning of the Director (Discipline), the Board of Discipline, the Disciplinary Committee and the Appellate Authority constituted under the provisions of this Act; (n) to enable functioning of the Quality Review Board; (o) consideration of the recommendations of the Quality Review Board made under clause (a) of section 28B and the details of action taken thereon in its annual report; and (p) to ensure the functioning of the Institute in accordance with the provisions of this Act and in performance of other statutory duties as may be entrusted to the Institute from time to time.] 9[15A. Imparting education by Universities and other bodies.—(1) Subject to the provisions of this Act, any University established by law or any body affiliated to the Institute, may impart education on the subjects covered by the academic courses of the Institute. 1. Subs. by Act 9 of 2006, s. 11, for section 15 (w.e.f. 17-11-2006). 2. Subs. by Act 12 of 2022, s. 14, for clauses (b) and (c) (w.e.f. 10-5-2022). 3. Subs. by s. 14, ibid., for “Register” (w.e.f. 10-5-2022). 4. Subs. by s. 14, ibid., for clause (f) (w.e.f. 10-5-2022). 5. Clause (g) omitted by s. 14, ibid. (w.e.f. 10-5-2022). 6. The words “and collection” omitted by s. 14, ibid. (w.e.f. 10-5-2022). 7. Clause (i) omitted by s. 14, ibid. (w.e.f. 10-5-2022). 8. Subs. by s. 14, ibid., for clause (l) (w.e.f. 10-5-2022). 9. Ins. by Act 9 of 2006, s. 12 (w.e.f. 8-8-2006). ----- (2) The Universities or bodies referred to in sub-section (1) shall, while awarding degree, diploma or certificate or bestowing any designation, ensure that the award or designation do not resemble or is not identical to one awarded by the Institute. (3) Nothing contained in this section shall enable a University or a body to adopt a name or nomenclature which is in any way similar to that of the Institute.] **1[15B. Functions of Institute.—The functions of the Institute shall include––** (a) the examination of candidates for enrolment; (b) the regulation of the engagement and training of articled and audit assistants; (c) the maintenance and publication of a Register of persons qualified to practice as chartered accountants; (d) the maintenance and publication of Register of firms; (e) collection of fees from members, examinees and other persons; (f) subject to the orders of the appropriate authorities under this Act, the removal of names from the Register of members and firms and the restoration of names to the Register of members and firms which have been removed; (g) the maintenance of a library and publication of books and periodicals relating to accountancy and allied subjects; (h) the conduct of elections to the Council of the Institute; and (i) the granting or refusal of certificates of practice as per guidelines issued by the Council.] 2[16. Officers and employees, salary, allowances, etc.—(1) For the efficient performance of its duties, the Council shall— (a) appoint a Secretary to perform such duties as may be prescribed; (b) appoint a Director (Discipline) to perform such functions as are assigned to him under this Act and the rules and regulations framed thereunder. (2) The Council may also— (a) appoint such other officers and employees as it considers necessary; (b) require and take from the Secretary or from any other officer or employee such security for the due performance of his duties, as the Council considers necessary; 3[(c) prescribe the manner of appointment, powers, duties and functions of the Secretary and other officers and employees, their salaries, fees, allowances and other terms and conditions of service;] (d) with the previous sanction of the Central Government, fix the allowances of the President, Vice-President and other members of the Council and members of its Committees. (3) The Secretary of the Council shall be entitled to participate in the meetings of the Council but shall not be entitled to vote thereat.] **17. Committees of the Council.—(1) The Council shall constitute from amongst its members the** following Standing Committees, namely:— (i) an Executive Committee, (ii) an Examination Committee, and 4[(iii) a Finance Committee.] 1. Ins. by Act 12 of 2022, s. 15 (w.e.f. 10-5-2022). 2. Subs. by Act 9 of 2006, s. 13, for section 16 (w.e.f. 17-11-2006). 3. Subs. by Act 12 of 2022, s. 16, for clause (c) (w.e.f. 10-5-2022). 4. Subs. by Act 9 of 2006, s. 14, for clause (iii) (w.e.f. 17-11-2006). ----- 1[(2) The Council may also form such other committees from amongst its members as it consider necessary for the purpose of carrying out the provisions of this Act, and any Committee so formed may, with the sanction of the Council, co-opt such other members of the Institute not exceeding one-third of the members of the committee as it thinks fit, and any member so co-opted shall be entitled to exercise all the rights of a member of the committee. (3) Each of the Standing Committees shall consist of the President and the Vice-President ex officio, and minimum of three and maximum of five members to be elected by the Council from amongst its members.] (4) The President and the Vice-President of the Council shall be the Chairman and Vice-Chairman respectively of each of the Standing Committees. (5) Every member of the Standing Committee other than the Chairman and the Vice-Chairman shall hold office for one year from the date of his election, but subject to being a member of the Council, he shall be eligible for re-election. (6) The Standing Committees shall exercise such functions and be subject to such conditions in the exercise thereof as may be prescribed. **18. Finances of the Council.—(1) There shall be established a fund under the management and** control of the Council into which shall be paid all monies received by the Council and out of which shall be met all expenses and liabilities properly incurred by the Council. (2) The Council may invest any money for the time being standing to the credit of the fund in any Government security or in any other security approved by the Central Government. 2[(3) The Council shall keep proper accounts of the fund distinguishing capital from revenue in the manner prescribed. (4) The Council shall prepare in the manner prescribed and approve, prior to the start of the financial year, an annual financial statement (the budget) indicating all its anticipated revenues as well as all proposed expenditures for the forthcoming year. 3[(5) The annual accounts of the Council shall be prepared in such manner as may be prescribed and subject to audit by a firm of chartered accountants to be appointed annually by the Council from the panel of auditors maintained by the Comptroller and Auditor-General of India: Provided that a firm shall not be eligible for appointment as an auditor under this sub-section, if any of its partner is or has been a member of the Council during the last four years: Provided further that in the event it is brought to the notice of the Council that the accounts of the Council do not represent a true and fair view of its finances, then, the Council may itself cause a special audit to be conducted: Provided also that, if such information, that the accounts of the Council do not represent a true and fair view of its finances, is sent to the Council by the Central Government, then, the Council may, wherever appropriate cause a special audit or take such other action as it considers necessary and shall furnish an action taken report thereon to the Central Government.] 4[(5A) As soon as may be practicable at the end of each year, the Council shall circulate the audited accounts to its members at least fifteen days in advance and consider and approve these accounts in a special meeting convened for the purpose. (5B) The Council shall cause to be published in the Gazette of India not later than the 30th day of September of the year next following, a copy of the audited accounts and the Report of the Council for that year duly approved by the Council and copies of the said accounts and Report shall be forwarded to the Central Government and to all the members of the Institute.] 1. Subs. by Act 9 of 2006, s. 14, for sub-sections (2) and (3) (w.e.f. 17-11-2006). 2. Subs. by s. 15, ibid., for sub-sections (3), (4) and (5) (w.e.f. 17-11-2006). 3. Subs. by Act 12 of 2022, s. 17, for sub-section (5) (w.e.f. 10-5-2022). 4. Ins. by Act 9 of 2006, s. 15 (w.e.f. 17-11-2006). ----- (6) The Council may borrow from a scheduled bank, as defined in the Reserve Bank of India Act, 1934 (2 of 1934), or from the Central Government— (a) any money required for meeting its liabilities on capital account on the security of the fund or on the security of any other assets for the time being belonging to it, or (b) for the purpose of meeting current liabilities pending the receipt of income by way of temporary loan or overdraft. CHAPTER IV REGISTER OF MEMBERS **19. [1][Register of members].—[2][(1) The Council shall maintain a Register of members of the Institute** in such manner as may be prescribed.] (2) The [1][Register of members] shall include the following particulars about every member of the Institute, namely,— (a) his full name, date of birth domicile, residential and professional addresses; (b) the date on which his name is entered in the [1][Register of members]; (c) his qualifications; 3[(ca) whether any actionable information or complaint is pending or any penalty has been imposed against him under Chapter V, including details thereof, if any;] (d) whether he holds a certificate of practice; and (e) any other particulars which may be prescribed. 4[(3) The council shall cause to be published in such manner as may be prescribed, a list of members of the Institute as on the 1st day of April of each year, and shall, if requested to do so by any such member, send to him a copy of such list [5][on payment of such amount as may be prescribed].] 6[(4) Every member of the Institute shall, on his name being entered in the 1[Register of members], pay such annual membership fee as may be determined, by notification, by the Council [7]***. 8* - - - *] 9[20. Removal from the **10[Register of members].—(1) The Council may remove from the** 10[Register of members] the name of any member of the Institute (a) who is dead; or (b) from whom a request has been received to that effect, or (c) who has not paid any prescribed fee required to be paid by him; or (d) who is found to have been subject at the time when his name was entered in the [10][Register of members], or who at any time thereafter has become subject, to any of the disabilities mentioned in section 8, or who for any other reason has ceased to be entitled to have his name borne on the Register. (2) The Council shall remove from the Register the name of any member in respect of whom an order has been passed under this Act removing him from membership of the Institute.] 1. Subs. by Act 12 of 2022, s. 18, for “Register” (w.e.f. 10-5-2022). 2. Subs. by s. 18, ibid., for sub-section (1) (w.e.f. 10-5-2022). 3. Ins. by s.18, ibid. (w.e.f. 10-5-2022). 4. Subs. by Act 15 of 1959, s. 17, for sub-section (3) (w.e.f. 1-7-1959). 5. Ins. by Act 9 of 2006, s. 16 (w.e.f. 17-11-2006). 6. Subs. by Act 9 of 2006, s. 16, for sub-section (4) (w.e.f. 8-8-2006). 7. The words “, which shall not exceed rupees five thousand” omitted by Act 12 of 2022, s. 18 (w.e.f. 10-5-2022). 8. The Proviso omitted by s. 18, ibid. (w.e.f. 10-5-2022). 9. Subs. by Act 15 of 1959, s. 18, for section 20 (w.e.f. 1-7-1959). 10. Subs. by Act 12 of 2022, s. 19, for “Register” (w.e.f. 10-5-2022). ----- 1[(3) If the name of any member has been removed from the Register under clause (c) of sub-section (1), on receipt of an application, his name may be entered again in the Register on payment of the arrears of annual fee and entrance fee along with such additional fee, as may be determined, by notification, by the Council [2]***: 3* - - - 4[CHAPTER V MISCONDUCT 5[21. Disciplinary Directorate.—(1) The Council shall, by notification, establish a Disciplinary Directorate headed by an officer of the Institute designated as Director (Discipline) and such other employees for making investigations in respect of any information or complaint received by it. (2) On receipt of any information or complaint along with the prescribed fee, the Director (Discipline) shall arrive at a prima facie opinion on the occurrence of the alleged misconduct. (3) Where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the First Schedule, he shall place the matter before the Board of Discipline and where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the Second Schedule or in both the Schedules, he shall place the matter before the Disciplinary Committee. (4) In order to make investigations under the provisions of this Act, the Disciplinary Directorate shall follow such procedure as may be specified. (5) Where a complainant withdraws the complaint, the Director (Discipline) shall place such withdrawal before the Board of Discipline or, as the case may be, the Disciplinary Committee, and the said Board or Committee may, if it is of the view that the circumstances so warrant, permit the withdrawal at any stage.] 6[21A. Board of Discipline.—(1) The Council shall constitute a Board of Discipline consisting of— (a) a person with experience in law and having knowledge of disciplinary matters and the profession, to be its presiding officer; (b) two members one of whom shall be a member of the Council elected by the Council and the other member shall be nominated by the Central Government from amongst the persons of eminence having experience in the field of law, economics, business, finance or accountancy; (c) the Director (Discipline) shall function as the Secretary of the Board. (2) The Board of Discipline shall follow summary disposal procedure in dealing with all cases before it. (3) Where the Board of Discipline is of the opinion that a member is guilty of a professional or other misconduct mentioned in the First Schedule, it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely:— (a) reprimand the member; (b) remove the name of the member from the Register up to a period of three months; (c) impose such fine as it may think fit, which may extend to rupees one lakh. 1. Ins. by Act 9 of 2006, s. 17 (w.e.f. 8-8-2006). 2. The words “, which shall not exceed rupees two thousand” omitted by Act 12 of 2022, s. 19 (w.e.f. 10-5-2022) 3. The Proviso omitted by s. 19, ibid. (w.e.f. 10-5-2022). 4. Subs. by Act 15 of 1959, s. 19, for CHAPTER V (w.e.f. 1-7-1959). 5. Subs. by Act 9 of 2006, s. 18, for section 21 (w.e.f. 17-11-2006). 6. Ins. by Act 9 of 2006, s. 19 (w.e.f. 17-11-2006). ----- (4) The Director (Discipline) shall submit before the Board of Discipline all information and complaints where he is of the opinion that there is no prima facie case and the Board of Discipline may, if it agrees with the opinion of the Director (Discipline), close the matter or in case of disagreement, may advise the Director (Discipline) to further investigate the matter. **21B. Disciplinary Committee.—(1) The Council shall constitute a Disciplinary Committee** consisting of the President or the Vice-President of the Council as the Presiding Officer and two members to be elected from amongst the members of the Council and two members to be nominated by the Central Government from amongst the persons of eminence having experience in the field of law, economics, business, finance or accountancy: Provided that the Council may constitute more Disciplinary Committees as and when it considers necessary. (2) The Disciplinary Committee, while considering the cases placed before it shall follow such procedure as may be specified. (3) Where the Disciplinary Committee is of the opinion that a member is guilty of a professional or other misconduct mentioned in the Second Schedule or both the First Schedule and the Second Schedule, it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely:— (a) reprimand the member; (b) remove the name of the member from the Register permanently or for such period, as it thinks fit; (c) impose such fine as it may think fit, which may extend to rupees five lakhs. (4) The allowances payable to the members nominated by the Central Government shall be such as may be specified. **21C. Authority, Disciplinary Committee, Board of Discipline and Director (Discipline) to have** **powers of civil court.—For the purposes of an inquiry under the provisions of this Act, the Authority, the** Disciplinary Committee, Board of Discipline and the Director (Discipline) shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) the discovery and production of any document; and (c) receiving evidence on affidavit. 1* _*_ _*_ _*_ _*._ **21D. Transitional provisions.—All complaints pending before the Council or any inquiry initiated** by the Disciplinary Committee or any reference or appeal made to a High Court prior to the commencement of the Chartered Accountants (Amendment) Act, 2006 (9 of 2006), shall continue to be governed by the provisions of this Act, as if this Act had not been amended by the Chartered Accountants (Amendment) Act, 2006.] 2[22. Professional or other misconduct defined.—For the purposes of this Act, the expression “professional or other misconduct” shall be deemed to include any act or omission provided in any of the Schedules, but nothing in this section shall be construed to limit or abridge in any way the power conferred or duty cast on the Director (Discipline) under sub-section (1) of section 21 to inquire into the conduct of any member of the Institute under any other circumstances.] 1. The Explanation omitted by Act 12 of 2022, s. 24 (w.e.f. 10-5-2022). 2. Subs. by Act 9 of 2006, s. 20, for section 22 (w.e.f. 17-11-2006). ----- 1[22A. Constitution of Appellate Authority.—(1) The Central Government shall, by notification, constitute an Appellate Authority consisting of— (a) a person who is or has been a judge of a High Court, to be its Chairperson; (b) two members to be appointed from amongst the persons who have been members of the Council for at least one full term and who is not a sitting member of the Council; (c) two members to be nominated by the Central Government from amongst persons having knowledge and practical experience in the field of law, economics, business, finance or accountancy. (2) The Chairperson and other members shall be part-time members. **22B. Term of office of Chairperson and members of Authority.—(1) A person appointed as the** Chairperson shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier. (2) A person appointed as a member shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-two years, whichever is earlier. **22C. Allowances and conditions of service of Chairperson and members of Authority.—The** allowances payable to, and other terms and conditions of service of, the Chairperson and members and the manner of meeting expenditure of the Authority by the Council and such other authorities shall be such as may be specified. **22D. Procedure to be regulated by Authority.—(1) The office of the Authority shall be at Delhi.** (2) The Authority shall regulate its own procedure. (3) All orders and decisions of the Authority shall be authenticated by an officer duly authorised by the Chairperson in this behalf. **22E. Officers and other staff of Authority.—(1) The Council shall make available to the Authority** such officers and other staff members as may be necessary for the efficient performance of the functions of the Authority. (2) The salaries and allowances and conditions of service of the officers and other staff members of the Authority shall be such as may be prescribed. **22F. Resignation and removal of Chairperson and members.—(1) The Chairperson or a member** may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that the Chairperson or a member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of term of office, whichever is earlier. (2) The Chairperson or a member shall not be removed from his office except by an order of the Central Government on the ground of proved misbehaviour or incapacity after an inquiry made by such person as the Central Government may appoint for this purpose in which the Chairperson or a member concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of such charges. **22G. Appeal to Authority.—(1) Any member of the Institute aggrieved by any order of the Board of** Discipline or the Disciplinary Committee imposing on him any of the penalties referred to in sub-section (3) of section 21A and sub-section (3) of section 21B, may within ninety days from the date on which the order is communicated to him, prefer an appeal to the Authority: 1. Subs. by Act 9 of 2006, s. 21, for section 22A (w.e.f. 17-11-2006). ----- Provided that the Director (Discipline) may also appeal against the decision of the Board of Discipline or the Disciplinary Committee to the Authority, if so authorised by the Council, within ninety days: Provided further that the Authority may entertain any such appeal after the expiry of the said period of ninety days, if it is satisfied that there was sufficient cause for not filing the appeal in time. (2) The Authority may, after calling for the records of any case, revise any order made by the Board of Discipline or the Disciplinary Committee under sub-section (3) of section 21A and sub-section (3) of section 21B and may— (a) confirm, modify or set aside the order; (b) impose any penalty or set aside, reduce, or enhance the penalty imposed by the order; (c) remit the case to the Board of Discipline or Disciplinary Committee for such further enquiry as the Authority considers proper in the circumstances of the case; or (d) pass such other order as the Authority thinks fit: Provided that the Authority shall give an opportunity of being heard to the parties concerned before passing any order.] CHAPTER VI REGIONAL COUNCILS **23. Constitution and functions of Regional Councils.—(1)** [1][For the purpose of advising and assisting it on matters concerning its functions, the Council may constitute such Regional Councils] as and when it deems fit for one or more of the regional constituencies that may be specified by the Central Government under clause (a) of sub-section (2) of section 9. (2) The Regional Councils shall be constituted in such manner and exercise such functions as may be prescribed. CHAPTER VII PENALTIES **24. Penalty for falsely claiming to be a member, etc.—Any person who,—** (i) not being a member of the Institute,— (a) represents that he is a member of the Institute; or (b) uses the designation Chartered Accountant, or (ii) being a member of the Institute, but not having a certificate of practice, represents that he is in practice or practices as a chartered accountants, shall be punishable on first conviction with fine which may extend to [2][one lakh rupees], and on any subsequent conviction with imprisonment which may extend to six months or with fine which may extend to [3][five lakh rupees], or with both. 4[24A. Penalty for using name of the Council, awarding degrees of chartered accountancy, **etc.—(1) Save as otherwise provided in this Act, no person shall—** (i) use a name or a common seal which is identical with the name or the common seal of the Institute or so nearly resembles it as to deceive or as is likely to deceive the public; 1. Subs. by Act 15 of 1959, s. 20, for “The Council may constitute such Regional Councils” (w.e.f. 1-7-1959). 2. Subs. by Act 12 of 2022, s. 28, for “one thousand rupees” (w.e.f. 10-5-2022). 3. Subs. by s. 28, ibid., for “five thousand rupees” (w.e.f. 10-5-2022). 4. Ins. by Act 15 of 1959, s. 21 (w.e.f. 1-7-1959). ----- (ii) award any degree, diploma or certificate or bestow any designation which indicates or purports to indicate the position or attainment of any qualification or competence similar to that of a member of the Institute; or (iii) seek to regulate in any manner whatsoever the profession of chartered accountants. (2) Any person contravening the provisions of sub-section (1) shall, without prejudice to any other proceedings which may be taken against him, [1][be punishable with imprisonment which may extend to six months, or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both on first conviction] and on any subsequent conviction with imprisonment which may extend to [2][one year, or with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees], or with both. 3* - - - *] **25. Companies not to engage in accountancy.—(1) No company, whether incorporated in India or** elsewhere, shall practice as chartered accountants. 4[Explanation.—For the removal of doubts, it is hereby declared that the “company” shall include any limited liability partnership which has company as its partner for the purposes of this section.] (2) If any company contravenes the provisions of sub-section (1), then, without prejudice to any other proceedings which may be taken against the company, every director, manager, secretary and any other officer thereof who is knowingly a party to such contravention shall be punishable with fine [5][which shall not be less than two lakh rupees but] which may extend on first conviction to [6][ten lakh rupees], and on any subsequent conviction [7][with fine which shall not be less than four lakh rupees but which may extend to twenty lakh rupees]. **26. Unqualified persons not to sign documents.—(1) No person other than a member of the** Institute shall sign any document on behalf of a [8][chartered accountant in practice] or a [9][firm of such chartered accountants] in his or its professional capacity. 10[(2) Any person who contravenes the provisions of sub-section (1) shall, without prejudice to any other proceedings, which may be taken against him, be punishable on first conviction with a fine not less than [11][one lakh rupees] but which may extend to [12][five lakh rupees], and in the event of a second or subsequent conviction with imprisonment for a term which may extend to one year or with fine not less 13[two lakh rupees] but which may extend to 14[ten lakh rupees] or with both.] **27. Maintenance of branch offices.—(1) Where a [15][chartered accountant in practice] or a [16][firm of** such chartered accountants] has more than one office in India, each one of such offices shall be in the separate charge of a member of the Institute: Provided that the Council may in suitable cases exempt any [2][chartered accountant in practice] or a 3[firm of such chartered accountants] from the operation of this sub-section. (2) Every [2][chartered accountant in practice] or a [3][firm of such chartered accountants] maintaining more than one office shall send to the Council a list of offices and the persons in charge thereof and shall keep the Council informed of any changes in relation thereto. 1. Subs. by Act 12 of 2022, s. 29, for “be punishable with fine which may extend on first conviction to one thousand rupees” (w.e.f. 10-5-2022). 2. Subs. by s. 29, ibid., for “six months, or with fine which may extend to five thousand rupees” (w.e.f.10-5-2022). 3. Omitted by Act 9 of 2006, s. 22 (w.e.f. 8-8-2006). 4. Ins. by Act 3 of 2012, s. 3 (w.e.f. 1-2-2012). 5. Ins. by Act 12 of 2022, s. 30 (w.e.f. 10-5-2022). 6. Subs. by s. 30, ibid., for “one thousand rupees” (w.e.f. 10-5-2022). 7. Subs. by s. 30, ibid., for “to five thousand rupees” (w.e.f. 10-5-2022). 8. Subs. by Act 15 of 1959, s. 22, for “chartered accountant” (w.e.f. 1-7-1959). 9. Subs. by s. 22, ibid., for “firm of chartered accountants” (w.e.f. 1-7-1959). 10. Subs. by Act 9 of 2006, s. 23, for sub-section (2) (w.e.f. 8-8-2006). 11. Subs. by Act 12 of 2022, s. 31, for “five thousand rupees” (w.e.f. 10-5-2022). 12. Subs. by s. 31, ibid., for “one lakh rupees” (w.e.f. 10-5-2022). 13. Subs. by s. 31, ibid., for “ten thousand rupees” (w.e.f. 10-5-2022). 14. Subs. by s. 31, ibid., for “two lakh rupees” (w.e.f. 10-5-2022). 15. Subs. by Act 15 of 1959, s. 22, for “chartered accountant” (w.e.f. 1-7-1959). 16. Subs. by s. 22, ibid., for “firm of chartered accountants” (w.e.f. 1-7-1959). ----- **28. Sanction to prosecute.—No person shall be prosecuted under this Act except on a complaint** made by or under the order of the Council or of the Central Government. 1[CHAPTER VII A QUALITY REVIEW BOARD **28A. Establishment of Quality Review Board.—(1) The Central Government shall, by notification,** constitute a Quality Review Board consisting of a Chairperson and ten other members. (2) The Chairperson and members of the Board shall be appointed from amongst the persons of eminence having experience in the field of law, economics, business, finance or accountancy. (3) Five members of the Board shall be nominated by the Council and other five members shall be nominated by the Central Government. **28B. Functions of Board.—The Board shall perform the following functions, namely:—** (a) to make recommendations to the Council with regard to the quality of services provided by the members of the Institute; (b) to review the quality of services provided by the members of the Institute including audit services; and (c) to guide the members of the Institute to improve the quality of services and adherence to the various statutory and other regulatory requirements. 2[(d) to forward cases of non-compliance with various statutory and regulatory requirements by the members of the Institute or firms, noticed by it during the course of its reviews, to the Disciplinary Directorate for its examination.] **28C. Procedure of Board.—The Board shall meet at such time and place and follow in its meetings** such procedure as may be specified. **28D. Terms and conditions of services of Chairperson and members of Board and its** **expenditure.—(1) The terms and conditions of service of the Chairperson and the members of the Board,** and their allowances shall be such as may be specified. (2) The expenditure of the Board shall be borne by the Council.] CHAPTER VIII MISCELLANEOUS **29. Reciprocity.—(1) Where any country, specified by the Central Government in this behalf by** notification in the official Gazette, prevents persons of Indian domicile from becoming members of any institution similar to the Institute of Chartered Accountants of India or from practicing the profession of accountancy or subjects them to unfair discrimination in that country, no subject of any such country shall be entitled to become a member of the Institute or practice the profession of accountancy in India. (2) Subject to the provisions of sub-section (1), the Council may prescribe the conditions, if any, subject to which foreign qualifications relating to accountancy shall be recognised for the purposes of entry in the [3][Register of members]. 4[29A. Power of Central Government to make rules.—(1) The Central Government may, by notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:— 1. Ins. by Act 9 of 2006, s. 24 (w.e.f. 17-11-2006). 2. Ins. by Act 12 of 2022, s. 32 (w.e.f. 10-5-2022). 3. Subs. by s. 33, ibid., for “Register” (w.e.f. 10-5-2022). 4. Ins. by Act 9 of 2006, s. 25 (w.e.f. 8-8-2006). ----- (a) the manner of election and nomination in respect of members to the Council under sub-section (2) of section 9; (b) the terms and conditions of service of the Presiding Officer and Members of the Tribunal, place of meetings and allowances to be paid to them under sub-section (3) of section 10B; 1[(c) the form and fee for filing an information or a complaint under sub-section (1), the manner of deciding a complaint or information as actionable or non-actionable under sub-section (2) and the procedure of investigation under sub-section (7), of section 21; (d) the procedure while considering the cases by the Board of Discipline under sub-section (2) and time limit for payment of fine under sub-section (7), of section 21A; (da) the procedure while considering the cases by the Disciplinary Committee under sub-section (2) and time limit for payment of fine under sub-section (7), of section 21B;] (e) the allowances and terms and conditions of service of the Chairperson and members of the Authority and the manner of meeting expenditure by the Council under section 22C; (f) the procedure to be followed by the Board in its meetings under section 28C; and (g) the terms and conditions of service of the Chairperson and members of the Board under sub section (1) of section 28D.] **30. Power to make regulations.—(1) The Council may, by notification in the Gazette of India, make** regulations for the purpose of carrying out the objects of this Act [2]***. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters:— (a) the standard and conduct of examinations under this Act; (b) the qualifications for the entry of the name of any person in the [3][Register of members] as a member of the Institute; (c) the conditions under which any examination or training may be treated as equivalent to the examination and training prescribed for members of the Institute; (d) the conditions under which any foreign qualification may be recognised; (e) the manner in which and the conditions subject to which applications for entry in the 3[Register of members] may be made; (f) the fees payable for membership of the Institute and the annual fees payable by associates and fellows of the Institute in respect of their certificates; 4* - - - *; (h) the particulars to be entered in the [3][Register of members]; 5* - - - *; 6[(j) the training of articled and audit 7[assistants], the fixation of limits within which premia may be charged from articled [7][assistants] and the cancellation of articles and termination of audit service for misconduct or for any other sufficient cause;] 1. Subs. by Act 12 of 2022, s. 34, for clauses (c) and (d) (w.e.f. 10-5-2022). 2.The words “and a copy of such regulations shall be sent to each member of the Institute” omitted by Act 9 of 2006, s. 26, (w.e.f. 8-8-2006). 3. Subs. by Act 12 of 2022, s. 35, for “Register” (w.e.f. 10-5-2022). 4. Clause (g) omitted by s. 35, ibid. (w.e.f. 10-5-2022). 5. Clause (i) omitted by s. 35, ibid. (w.e.f. 10-5-2022). 6. Subs. by Act 15 of 1959, s. 23, for clause (j) (w.e.f. 1-7-1959). 7. Subs. by Act 9 of 2006, s. 26, for “clerks” (w.e.f. 8-8-2006). ----- (k) the regulation and maintenance of the status and standard of professional qualifications of members of the Institute; (l) the carrying out of research in accountancy; (m) the maintenance of a library and publication of books and periodicals on accountancy; (n) the management of the property of the Council and the maintenance and audit of its accounts; (o) the summoning and holding of meetings of the Council, the times and places of such meetings, the conduct of business thereat and the number of members necessary to form a quorum; (p) the powers, duties and functions of the President and the Vice-President of the Council; (q) the functions of the standing and other committees and the conditions subject to which such functions shall be discharged; 1[(r) the qualification required for the purposes of sub-section (3) of section 5; (ra) the circumstances under which certificates of practice may be cancelled under sub-section (3) of section 6; (rb) the guidelines for granting or refusal of certificates of practice under clause (f) of sub-section (2) of section 15; (rc) the manner of appointment, powers, duties, functions, salaries, fees, allowances and other terms and conditions of service of the Secretary and other officers and employees of the Council under clause (c) of sub-section (2) of section 16; (rd) the manner of preparing annual financial statement under sub-section (4) and the annual accounts under sub-section (5), of section 18; (re) the manner of maintaining a Register of members of the Institute under sub-section (1) and the manner in which the annual list of members registered with the Institute shall be published under sub-section (3), of section 19; (rf) the manner of making an application for grant of registration of a firm and the terms and conditions of such registration under section 20A; (rg) the manner of maintenance of Register of firms, and other particulars including details of pendency of any actionable information or complaint or imposition of penalty against the firm under sub-section (1) and sub-section (2) and the manner in which the annual list of firms registered with the Institute shall be published under sub-section (3), of section 20B; (rh) the manner of making available status of actionable information and complaints and orders passed under sub-section (9) of section 21; (ri) the manner of preparing panel of persons under clauses (a), (b) and (c) of sub-section (1) and the allowances payable to the Presiding Officers and members of the Boards of Discipline under subsection (8), of section 21A; (rj) the manner of preparing panel of persons under clauses (a), (b) and (c) of sub-section (1) and the allowances payable to the Presiding Officers and members of the Disciplinary Committees under sub-section (8), of section 21B; (rk) the salaries and allowances and conditions of service of officers and other staff of Authority under sub-section (2) of section 22E; (rl) the manner in which Regional Council may be constituted under sub-section (2) of section 23 and the functions thereof; and] 2* - - - 1. Subs. by Act 12 of 2022, s. 35, for clause (r) (w.e.f. 10-5-2022). 2. Omitted by Act 9 of 2006, s. 26 (w.e.f. 8-8-2006). ----- (t) any other matter which is required to be or may be prescribed under this Act. (3) All regulations made by the Council under this Act shall be subject to the condition of previous publication and to the approval of the Central Government. (4) Notwithstanding anything contained in sub-sections (1) and (2) the Central Government may frame the first regulations for the purpose mentioned in this section, and such regulations shall be deemed to have been made by the Council, and shall remain in force from the date of the coming into force of this Act, until they are amended, altered or revoked by the Council. 1[30A. Powers of Central Government to direct regulations to be made or to make or amend **regulations.—(1) Where the Central Government considers it expedient so to do, it may, by order in** writing, direct the Council to make any regulations or to amend or revoke any regulations already made within such period as it may specify in this behalf. (2) If the Council fails or neglects to comply with such order within the specified period, the Central Government may make the regulations or amend or revoke the regulations made by the Council, as the case may be, either in the form specified in the order or with such modifications thereof as the Central Government thinks fit.] 2[30B. Rules, regulations and notifications to be laid before Parliament.—Every rule and every regulation made and every notification issued under this Act shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, regulation or notification, or both Houses agree that the rule, regulation or notification should not be made or issued, the rule, regulation or notification, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation or notification.] 3[30C. Power of Central Government to issue directions.—(1) In the event of non-compliance by the Council of any provisions of this Act, the Central Government may give to the Council such general or special directions as it considers necessary to ensure compliance and the Council shall, in the discharge of its functions under this Act, comply with such directions. (2) If, in the opinion of the Central Government, the Council has persistently made default in giving effect to the directions issued under sub-section (1), it may, after giving an opportunity of being heard to the Council, by notification, dissolve the Council, where after a new Council shall be constituted in accordance with the provisions of this Act with effect from such date as may be decided by the Central Government: Provided that the Central Government shall ensure constitution of a new Council in accordance with the provisions of this Act within a period of one year from the date of its dissolution. (3) Where the Central Government has issued a notification under sub-section (2) dissolving the Council, it shall, pending the constitution of a new Council in accordance with the provisions of this Act, nominate any person or body of persons not exceeding five members to manage the affairs and discharge all or any of the functions of the Council under this Act. ***30D. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding** shall lie against the Central Government or the Council or the Authority or the Disciplinary Committee or the Tribunal or the Board or the Board of Discipline or the Disciplinary Directorate or any officer of that Government, Council, Authority, Disciplinary Committee, Tribunal, Board, Board of Discipline or the Disciplinary Directorate, for anything which is in good faith done or intended to be done under this Act or any rule, regulation, notification, direction or order made thereunder. 1. Ins. by Act 15 of 1959, s. 24 (w.e.f. 1-7-1959). 2. Subs. by Act 9 of 2006, s. 27, for section 30B (w.e.f. 8-8-2006). 3. Ins. by Act 9 of 2006, s. 28 (w.e.f. 8-8-2006). - Ins. by s. 28, ibid. (w.e.f. 17-11-2006). ----- ***30E. Members, etc., to be public servants.—The Chairperson, Presiding Officer, members and** other officers and employees of the Authority, Disciplinary Committee, Tribunal, Board, Board of Discipline or the Disciplinary Directorate shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).] 1[31. Construction of references.—Any reference to a chartered accountant or a registered accountant or a certified or qualified auditor in any other law or in any document whatsoever shall be construed as a reference to a chartered accountant in practice within the meaning of this Act.] **32. Act not to affect right of accountants to practise as such in Part B States.—Nothing contained** in this Act shall affect the right of any person who, at the commencement of this Act, is entitled to engage himself in the practice of accountancy in any [Part B State] under any law in force in that State, to continue to engage himself in the practice of accountancy in that State after the commencement of this Act. **33. [Amendment of section 144, Indian Companies Act, 1913.]—Rep. by the Repealing and Amending** _Act, 1952 (48 of 1952), s. 2 and the First Schedule (w.e.f. 2-8-1952)._ 1. Subs. by Act 15 of 1959, s. 25, for section 31 (w.e.f. 1-7-1959). ----- 1[THE FIRST SCHEDULE (See sections 21(3), 21A(3) and 22) PART I _Professional misconduct in relation to chartered accountants in practice_ A chartered accountant in practice shall be deemed to be guilty of professional misconduct, if he— (1) allows any person to practice in his name as a chartered accountant unless such person is also a chartered accountant in practice and is in partnership with or employed by him; (2) pays or allows or agrees to pay or allow, directly or indirectly, any share, commission or brokerage in the fees or profits of his professional business, to any person other than a member of the Institute or a partner or a retired partner or the legal representative of a deceased partner, or a member of any other professional body or with such other persons having such qualifications as may be prescribed, for the purpose of rendering such professional services from time to time in or outside India. _Explanation.—In this item, “partner” includes a person residing outside India with whom a chartered_ accountant in practice has entered into partnership which is not in contravention of item (4) of this Part; (3) accepts or agrees to accept any part of the profits of the professional work of a person who is not a member of the Institute: Provided that nothing herein contained shall be construed as prohibiting a member from entering into profit sharing or other similar arrangements, including receiving any share commission or brokerage in the fees, with a member of such professional body or other person having qualifications, as is referred to in item (2) of this Part; (4) enters into partnership, in or outside India, with any person other than a chartered accountant in practice or such other person who is a member of any other professional body having such qualifications as may be prescribed, including a resident who but for his residence abroad would be entitled to be registered as a member under clause (v) of sub-section (1) of section 4 or whose qualifications are recognised by the Central Government or the Council for the purpose of permitting such partnerships; (5) secures, either through the services of a person who is not an employee of such chartered accountant or who is not his partner or by means which are not open to a chartered accountant, any professional business: Provided that nothing herein contained shall be construed as prohibiting any arrangement permitted in terms of items (2), (3) and (4) of this Part; (6) solicits clients or professional work either directly or indirectly by circular, advertisement, personal communication or interview or by any other means: Provided that nothing herein contained shall be construed as preventing or prohibiting— (i) any chartered accountant from applying or requesting for or inviting or securing professional work from another chartered accountant in practice; or (ii) a member from responding to tenders or enquiries issued by various users of professional services or organisations from time to time and securing professional work as a consequence; (7) advertises his professional attainments or services, or uses any designation or expressions other than chartered accountant on professional documents, visiting cards, letter heads or sign boards, unless it be a degree of a University established by law in India or recognised by the Central Government or a title indicating membership of the Institute of Chartered Accountants of India or of any other institution that has been recognised by the Central Government or may be recognised by the Council: 1. Subs. by Act 9 of 2006, s. 29, for the First Schedule and the Second Schedule (w.e.f. 17-11-2006). ----- Provided that a member in practice may advertise through a write up, setting out the services provided by him or his firm and particulars of his firm subject to such guidelines as may be issued by the Council; (8) accepts a position as auditor previously held by another chartered accountant or a certified auditor who has been issued certificate under the Restricted Certificate Rules, 1932 without first communicating with him in writing; (9) accepts an appointment as auditor of a company without first ascertaining from it whether the requirements of section 225 of the Companies Act, 1956 (1 of 1956) [1][or sections 139 to 141 of the Companies Act, 2013 (18 of 2013) or any other law pertaining to appointment of auditors for the time being in force] in respect of such appointment have been duly complied with; (10) charges or offers to charge, accepts or offers to accept in respect of any professional employment, fees which are based on a percentage of profits or which are contingent upon the findings, or results of such employment, except as permitted under any regulation made under this Act; (11) engages in any business or occupation other than the profession of chartered accountant unless permitted by the Council so to engage: Provided that nothing contained herein shall disentitle a chartered accountant from being a director of a company (not being a managing director or a whole time director) unless he or any of his partners is interested in such company as an auditor; (12) allows a person not being a member of the Institute in practice, or a member not being his partner to sign on his behalf or on behalf of his firm, any balance-sheet, profit and loss account, report or financial statements. PART II _Professional misconduct in relation to members of the Institute in service_ A member of the Institute (other than a member in practice) shall be deemed to be guilty of professional misconduct, if he being an employee of any company, firm or person— (1) pays or allows or agrees to pay directly or indirectly to any person any share in the emoluments of the employment undertaken by him; (2) accepts or agrees to accept any part of fees, profits or gains from a lawyer, a chartered accountant or broker engaged by such company, firm or person or agent or customer of such company, firm or person by way of commission or gratification. PART III _Professional misconduct in relation to members of the Institute generally_ A member of the Institute, whether in practice or not, shall be deemed to be guilty of professional misconduct, if he— (1) not being a fellow of the Institute, acts as a fellow of the Institute; _(2) does not supply the information called for, or does not comply with the requirements asked for, by_ the Institute, Council or any of its Committees, Director (Discipline), Board of Discipline, Disciplinary Committee, Quality Review Board or the Appellate Authority; 1. Subs. by Act 12 of 2022, s. 36 clause (ii), for “Companies act, 1956 (1 of 1956)” (w.e.f. 10-5-2022). ----- (3) while inviting professional work from another chartered accountant or while responding to tenders or enquiries or while advertising through a write up or anything as provided for in items (6) and (7) of Part I of this Schedule, gives information knowing it to be false. PART IV _Other misconduct in relation to members of the Institute generally_ A member of the Institute, whether in practice or not, shall be deemed to be guilty of other misconduct, if he— (1) is held guilty by any civil or criminal court for an offence which is punishable with imprisonment for a term not exceeding six months; (2) in the opinion of the Council, brings disrepute to the profession or the Institute as a result of his action whether or not related to his professional work. ----- THE SECOND SCHEDULE (See sections 21(3), 21B(3) and 22) PART I _Professional misconduct in relation to chartered accountants in practice_ A chartered accountant in practice shall be deemed to be guilty of professional misconduct, if he— (1) discloses information acquired in the course of his professional engagement to any person other than his client so engaging him, without the consent of his client or otherwise than as required by any law for the time being in force; (2) certifies or submits in his name, or in the name of his firm, a report of an examination of financial statements unless the examination of such statements and the related records has been made by him or by a partner or an employee in his firm or by another chartered accountant in practice; (3) permits his name or the name of his firm to be used in connection with an estimate of earnings contingent upon future transactions in a manner which may lead to the belief that he vouches for the accuracy of the forecast; (4) expresses his opinion on financial statements of any business or enterprise in which he, his firm, or a partner in his firm has a substantial interest; (5) fails to disclose a material fact known to him which is not disclosed in a financial statement, but disclosure of which is necessary in making such financial statement where he is concerned with that financial statement in a professional capacity; (6) fails to report a material misstatement known to him to appear in a financial statement with which he is concerned in a professional capacity; (7) does not exercise due diligence, or is grossly negligent in the conduct of his professional duties; (8) fails to obtain sufficient information which is necessary for expression of an opinion or its exceptions are sufficiently material to negate the expression of an opinion; (9) fails to invite attention to any material departure from the generally accepted procedure of audit applicable to the circumstances; (10) fails to keep moneys of his client other than fees or remuneration or money meant to be expended in a separate banking account or to use such moneys for purposes for which they are intended within a reasonable time. PART II _Professional misconduct in relation to members of the Institute generally_ A member of the Institute, whether in practice or not, shall be deemed to be guilty of professional misconduct, if he— (1) contravenes any of the provisions of this Act or the regulations made thereunder or any guidelines issued by the Council; (2) being an employee of any company, firm or person, discloses confidential information acquired in the course of his employment except as and when required by any law for the time being in force or except as permitted by the employer; (3) includes in any information, statement, return or form to be submitted to the Institute, Council or any of its Committees, Director (Discipline), Board of Discipline, Disciplinary Committee, Quality Review Board or the Appellate Authority any particulars knowing them to be false; (4) defalcates or embezzles moneys received in his professional capacity. ----- 1[(5) acts as an auditor of the company in contravention of the provisions of the Companies Act, 2013 (18 of 2013).] PART III _Other misconduct in relation to members of the Institute generally_ A member of the Institute, whether in practice or not, shall be deemed to be guilty of other misconduct, if he is held guilty by any civil or criminal court for an offence which is punishable with imprisonment for a term exceeding six months.] 1. Ins. by Act 12 of 2022, s. 37 (w.e.f. 10-5-2022). -----

14-Dec-1949

54

The Industrial Disputes (Banking and Insurance Companies) Act, 1949

https://www.indiacode.nic.in/bitstream/123456789/1919/1/a1949-54.pdf

central

# THE INDUSTRIAL DISPUTES (BANKING AND INSURANCE COMPANIES) ACT, 1949 ________ ARRANGEMENT OF SECTIONS _______ SECTIONS 1. Short title and extent. 2. Definitions. 3. [Repealed.] 4. Prohibition of references by State Governments of certain industrial disputes for adjudication, inquiry or settlement. 5. Abatement of proceedings relating to disputes pending before State tribunals and reference of such disputes to tribunals constituted by the Central Government. 6. Powers of Central Government to refer disputes in respect of which awards or decisions have been made for adjudication. 7. Repeal of Ordinance 28 of 1949. 1 ----- # THE INDUSTRIAL DISPUTES (BANKING AND INSURANCE COMPANIES) ACT, 1949 ACT NO. 54 OF 1949[1] [14th December, 1949.] # An Act to provide for the adjudication of industrial disputes concerning certain banking and insurance companies. WHEREAS it is expedient to provide for the adjudication of industrial disputes concerning banking and insurance companies having branches or other establishments in more than one State; It is hereby enacted as follows:— **1. Short title and extent.—(1) This Act may be called the Industrial Disputes (Banking and** Insurance Companies) Act, 1949. (2) It extends to the whole of India [2][except the State of Jammu and Kashmir*]. **2. Definitions.—In this Act, unless there is anything repugnant in the subject or context, the** expressions “award”, “banking company”, “industrial dispute” and “insurance company” have the meanings respectively assigned to them in section 2 of the Industrial Disputes Act, 1947 (14 of 1947) as amended by this Act. **3.** [Amendment of section 2, Act 14 of 1947.] _Rep. by the Repealing and Amending Act, 1952_ (48 of 1952), s. 2 and the First Schedule. **4. Prohibition of references by** **[3][State] Governments of certain industrial disputes for** **adjudication, inquiry or settlement.—Notwithstanding anything contained in any other law, it shall not** be competent for a State Government or any officer or authority subordinate to such Government to refer an industrial dispute concerning any banking or insurance company, or any matter relating to such dispute, to any tribunal or other authority for adjudication, inquiry or settlement. **5. Abatement of proceedings relating to disputes pending before [3][State] tribunals and reference** **of such disputes to tribunals constituted by the Central Government.—(1) Where under any law any** industrial dispute concerning any banking or insurance company or any matter relating to such dispute has, before the 30th day of April, 1949, been referred by a 3[State] Government or any officer or authority subordinate to such Government to any tribunal or other authority for adjudication or settlement and any proceedings in respect of or arising out of such reference were immediately before that date pending before any tribunal or other authority, then on the aforesaid date such refence shall be deemed to have been withdrawn and all such proceedings shall have abated. (2) The Central Government shall, as soon as may be after the commencement of this Act, by order in writing, refer under section 10 of the said Act every industrial dispute to which the provisions of sub-section (1) apply to an Industrial Tribunal constituted under the said Act for adjudication. **6. Powers of Central Government to refer disputes in respect of which awards or decisions have** **been made for adjudication.—(1) Where any award or decision has been made in respect of any** industrial dispute concerning any banking or insurance company by any tribunal or other authority constituted or appointed by a [3][State] Government, or any officer or authority subordinate to such Government, then the Central Government may, notwithstanding that the said award or decision is in force, by order in writing refer under section 10 of the said Act the dispute or any of the matters in dispute to an Industrial Tribunal constituted under the said Act for adjudication and stay the implementation of the award or decision so made or of any part of such award or decision until the Industrial Tribunal to 1. The Act has been extended to the Scheduled Areas of the State of Orissa by Orissa Reg. 1 of 1956 and amended in U.P. by U.P. Act 25 of 1951. 2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “except Part B States” (w.e.f. 1-4-1951). 3. Subs. by the A.O. 1950, for “Provincial”. *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 2 ----- which the dispute or any of the matters in dispute is referred for adjudication has submitted its award or for such further period as the Central Government may consider necessary. (2) After the Industrial Tribunal to which the dispute or any of the matters in dispute has been so referred for adjudication has submitted its award under sub-section (1) of section 15 of the said Act, the Central Government may, by order in writing, declare that the award or decision previously made in respect of such dispute by the tribunal or other authority constituted or appointed by the [1][State] Government or any officer or authority subordinate to such Government or such part of that award or decision as may be specified in the order shall cease to be in operation. **7. Repeal of Ordinance 28 of 1949.—(1) The Industrial Disputes (Banking and Insurance** Companies) Second Ordinance, 1949 (28 of 1949) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken in the exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such thing was done or action taken. 1. Subs. by the A.O. 1950, for “Provincial”. 3 -----

27-Dec-1949

64

The Police Act, 1949

https://www.indiacode.nic.in/bitstream/123456789/1430/1/A1949-64.pdf

central

# THE POLICE ACT, 1949 ________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title, extent and commencement. 2. Definition. 3. Constitution of general police-district embracing two or more Union territories. 4. Constitution of one police force for general police-district. 5. Superintendence and administration of police. 6. Application of the Police Act, 1861. 7. Saving. 1 ----- # THE POLICE ACT, 1949[1] ACT NO. 64 OF 1949 [27th December, 1949.] # An Act to provide for the constitution of a general police-district embracing two or more [2][Union territories] and for the establishment of a police force therefor. WHEREAS it is expedient to provide for the constitution of a general police-district embracing two or more [2][Union territories] and for the establishment of a police force therefor; It is hereby enacted as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Police Act, 1949.** (2) It extends to all the [3][Union territories]. (3) It shall come into force in a [4][Union territory] on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf for [5][such territory]. **2. Definition.—In this Act “general police-district” means the general police-district constituted** under section 3. **3. Constitution of general police-district embracing two or more Union territories.—** Notwithstanding anything contained in the Police Act, 1861 (5 of 1861), the Central Government may, by notification in the Official Gazette, constitute a general police-district embracing two or more [2][Union territories]. **4. Constitution of one police force for general police-district.—The entire police establishment in a** general police-district shall be one police force and shall consist of such number of officers and men and shall be constituted in such manner as the Central Government may, by order, direct. **5. Superintendence and administration of police.—(1) The superintendence of the police** throughout a general police-district shall vest in, and be exercised by, the Central Government. (2) The administration of the said police force shall vest in an officer, appointed in this behalf by the Central Government, who shall exercise in respect of that police force such of the powers exercisable by an Inspector-General of Police under the Police Act, 1861 (5 of 1861), as the Central Government may, by notification in the Official Gazette, specify in this behalf. **6. Application of the Police Act, 1861.—Save as otherwise expressly provided in this Act, the** provisions of the Police Act, 1861 (5 of 1861), shall apply to the police force constituted for the general police-district as if it were one police force constituted for a State, and members of the said police force shall have, in every part of [6][any territory] which is included in the general police-district, the same powers, duties and privileges, and shall be subject to the same liabilities, as they would have had, or would have been subject to, as police officers if they had formed a police establishment under one State Government. **7. Saving.—Nothing in this Act shall be deemed to affect the provisions contained in the Delhi** Special Police Establishment Act, 1946 (25 of 1946). 1. This Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and the Schedule and comes into force in Pondicherry on 1-10-1963 _vide Reg. 7 of 1963, s. 3 and First Schedule in respect of Dadra and Nagar Haveli_ (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Schedule and Lakshadweep vide Reg. 8 of 1965, s. 3 and Schedule (w.e.f. 1-101967). 2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Chief Commissioners’ Provinces”. 3. Subs., ibid., for “Part C States”. 4. Subs., ibid., for “Part C State.” 5. Subs., ibid., for “such state”. 6. Subs., ibid., for “any State”. 2 -----

28-Dec-1949

66

The Central Reserve Police Force Act, 1949

https://www.indiacode.nic.in/bitstream/123456789/1608/1/A1949-66.pdf

central

# THE CENTRAL RESERVE POLICE FORCE ACT, 1949 __________ ARRANGEMENT OF SECTIONS _______ PRELIMINARY SECTIONS 1. Short title and extent. 2. Definitions. CONSTITUTION OF THE FORCE 3. Constitution of the Force. 4. Appointment and powers of superior officers. 5. Enrolment. 6. Resignation and withdrawal from the Force. GENERAL DUTIES OF MEMBERS OF THE FORCE 7. General duties of members of the Force. SUPERINTENDENCE CONTROL AND ADMINISTRATION OF THE FORCE 8. Superintendence, control and administration of the Force. OFFENCES AND PUNISHMENTS 9. More heinous offences. 10. Less heinous offences. 11. Minor punishments. 12. Place of imprisonment and liability to dismissal on imprisonment. 13. Deductions from pay and allowances. 14. Collective fines. ARREST 15. Arrest. MISCELLANEOUS 16. Powers and duties conferrable and imposable on members of the Force. 17. Protection for acts of members of the Force. 18. Power to make rules. 19. Validation of acts done before commencement of Act. THE SCHEDULE. 1 ----- # THE CENTRAL RESERVE POLICE FORCE ACT, 1949 ACT NO. 66 OF 1949 [28th December, 1949.] # An Act to provide for the constitution and regulation of an armed Central Reserve Police Force. WHEREAS it is expedient to provide for the constitution and regulation of an armed Central Reserve Police Force; It is hereby enacted as follows:— PRELIMINARY **1. Short title and extent.—(1) This Act may be called the Central Reserve Police Force Act, 1949.** (2) It extends to the whole of India [1]*** and applies to members of the Force, wherever they may be. **2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—** (a) “active duty” means the duty to restore and preserve order in any local area in the event of any disturbance therein; (b) “close arrest” means confinement within the Force or a detachment of the Force or a post quarter-guard building or tent under charge of a guard; (c) “the Force” means the Central Reserve Police Force; (d) “member of the Force” means a person who has been appointed to the Force by the Commandant, whether before or after the commencement of this Act, and in sections 1, 3, 6, 7, 16, 17, 18 and 19, includes also a person appointed to the Force by the Central Government, whether before or after such commencement; (e) “open arrest” means confinement within the precincts of any barracks, lines or camp for the time being occupied by any part of the Force; (f) “prescribed” means prescribed by rules made under this Act; (g) “subordinate officer” means a member of the Force of the rank of subedar-major, subedar, jemadar or sub-inspector; (h) the expressions “assault”, “criminal force”, “fraudulently”, “reason to believe” and “voluntarily causing hurt” have the meanings assigned to them respectively in the Indian Penal Code (45 of 1860). CONSTITUTION OF THE FORCE **3. Constitution of the Force.—(1) There shall continue to be an armed force maintained by the** Central Government and called the Central Reserve Police Force. (2) The Force shall be constituted in such manner, and the members of the Force shall receive such pay, pension and other remuneration, as may be prescribed. **4. Appointment and powers of superior officers.— (1) The Central Government may appoint to the** Force a Commandant and such other persons as it thinks fit to be assistant commandants and company officers. (2) The Commandant and every other officer so appointed shall have, and may exercise, such powers and authority as may be provided by or under this Act. **5. Enrolment.—Before a person is appointed to be a member of the Force, the statement contained in** the recruiting roll set out in the Schedule shall be read out and, if necessary, explained to him in the presence of an officer appointed under sub-section (1) of section 4, and shall be signed by such person in acknowledgement of its having been so read out to him: 1. The words “except the State of Hyderabad” omitted by Act 3 of 1951, s. 3 and the Schedule (w.e.f. 1-4-1952). 2 ----- Provided that any person who has for a period of six months served with the Force, shall, on appointment to the Force thereafter, be deemed to be a member of the Force notwithstanding that the provisions of this section have not been complied with in his case. **6. Resignation and withdrawal from the Force.—No member of the Force shall be at liberty to—** (a) resign his appointment during the term of his engagement, except before the expiration of the first three months of his service; or (b) withdraw himself from all or any of the duties of his appointment, without the previous permission in writing of the Commandant or assistant commandant or any other officer authorised by the Commandant to grant such permission. GENERAL DUTIES OF MEMBERS OF THE FORCE **7. General duties of members of the Force.—(1) It shall be the duty of every member of the Force** promptly to obey and to execute all orders and warrants lawfully issued to him by any competent authority, to detect and bring offenders to justice and to apprehend all persons whom he is legally authorised to apprehend and for whose apprehension sufficient grounds exist. (2) Every member of the Force shall be liable to serve without and beyond, as well as within, the territory of India. SUPERINTENDENCE CONTROL AND ADMINISTRATION OF THE FORCE **8. Superintendence, control and administration of the Force.—(1) The superintendence of, and** control over, the Force shall vest in the Central Government; and the Force shall be administered by the Central Government in accordance with the provisions of this Act and of any rules made thereunder, through such officers as the Central Government may from time to time appoint in this behalf. (2) The Headquarters of the Force shall be at Neemuch or at such other place as may from time to time be specified by the Central Government. (3) While on active duty outside its headquarters, the Force shall be subject to the general control and direction of such authority or officer as may be prescribed or as may be specially appointed by the Central Government in this behalf. OFFENCES AND PUNISHMENTS **9. More heinous offences.—Every member of the Force who—** (a) begins, excites, causes or conspires to cause or joins in any mutiny, or, being present at any mutiny, does not use his utmost endeavour to suppress it, or knowing, or having reason to believe in, the existence of any mutiny, or of any intention or conspiracy to mutiny or of any conspiracy against the State does not, without delay, give information thereof to his superior officer; or (b) uses, or attempts to use, criminal force to, or commits an assault on, his superior officer, whether on or off duty, knowing or having reason to believe him to be such; or (c) shamefully abandons or delivers up any post or guard which is committed to his charge, or which it is his duty to defend; or (d) directly or indirectly holds correspondence with, or assists or relieves any person in arms against the State or omits to discover immediately to his superior officer any such correspondence coming to his knowledge ; or who, while on active duty,— (e) disobeys the lawful command of his superior officer; or (f) deserts the Force; or (g) being a sentry, sleeps upon his post or quits it without being regularly relieved or without leave; or (h) leaves his commanding officer, or his post or party, to go in search of plunder; or 3 ----- (i) quits his guard, picquet, party or patrol without being regularly relieved or without leave; or (j) uses criminal force to, or commits an assault on, any person bringing provisions or other necessaries to camp or quarters, or forces a safeguard or breaks into any house or other place for plunder, or plunders, destroys or damages property of any kind; or (k) intentionally causes or spreads a false alarm in action or in camp, garrison or quarters; or (l) displays cowardice in the execution of his duty, shall be punishable with transportation for life for a term of not less than seven years or with imprisonment for a term which may extend to fourteen years or with fine which may extend to three months’ pay or with fine to that extent in addition to such sentence of transportation or imprisonment. **10. Less heinous offences.—Every member of the Force who—** (a) is in a state of intoxication when on, or after having been warned for, any duty or on parade or on the line of march; or (b) strikesor attempts to force any sentry; or (c) being in command of a guard, picquet or patrol, refuses to receive any prisoner or person duly committed to his charge, or without proper authority releases any person or prisoner placed under his charge, or negligently suffers any such prisoner or person to escape; or (d) being under arrest or in confinement, leaves his arrest or confinement, before he is set at liberty by lawful authority; or (e) is grossly insubordinate or insolvent to his superior officer in the execution of his office; or (f) refuses to superintend or assist in the making of any field-work or other work of any description ordered to be made either in quarters or in the field; or (g) strikes or otherwise ill-uses any member of the Force subordinate to him in rank or position; or (h) designedly or through neglect injuries or loses or fraudulently disposes of his arms, clothes, tools, equipments, ammunition or accoutrements, or any such articles entrusted to him or belonging to any other person; or (i) malingers or feigns or produces disease or infirmity in himself, or intentionally delays his cure, or aggravates his disease or infirmity; or (j) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or any other person; or (k) does not, when called upon by his superior officer so to do or upon ceasing to be a member of the Force forthwith deliver up, or duly account for, all or any arms, ammunition, stores, accoutrements or other property issued or supplied to him or in his custody or possession as such member; or (l) knowingly furnishes a false return or report of the number or state of any men under his command or charge or of any money, arms, ammunition, clothing, equipments, stores or other property in his charge, whether belonging to such men or to the Government or to any member of, or any person attached to the Force, or who, through design or culpable neglect, omits or refuses to make or send any return or report of the matters aforesaid; or (m) absents himself without leave, or without sufficient cause over-stays leave granted to him; or (n) is guilty of any act or omission which, though not specified in this Act, is prejudicial to good order and discipline; or (o) contravenes any provision of this Act for which no punishment is expressly provided; or who, while not on active duty,— 4 ----- (p) commits any of the offences specified in clauses (e) to (l) (both inclusive) of section 9, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to three months' pay, or with both. **11. Minor punishments.—(1) The Commandant or any other authority or officer as may be** prescribed, may, subject to any rules made under this Act, award in lieu of, or in addition to, suspension or dismissal any one or more of the following punishments to any member of the Force whom he considers to be guilty of disobedience, neglect of duty, or remissness in the discharge of any duty or of other misconduct in his capacity as a member of the Force, that is to say,— (a) reduction in rank; (b)fine of any amount not exceeding one month's pay and allowances; (c) confinement to quarters, lines or camp for a term not exceeding one month; (d) confinement in the quarter-guard for not more than twenty-eight days, with or without punishment drill or extra guard, fatigue or other duty; and (e) removal from any office of distinction or special emolument in the Force. (2) Any punishment specified in clause (c) or clause (d) of sub-section (1) may be awarded by any gazetted officer when in command of any detachment of the Force away from headquarters, provided he is specially authorised in this behalf by the Commandant. (3) The assistant commandant, a company officer or a subordinate officer, not being below the rank of subedar or inspector, commanding a separate detachment or an outpost, or in temporary command at the headquarters of the Force, may, without a formal trial, award to any member of the Force who is for the time being subject to his authority any one or more of the following punishments for the commission of any petty offence against discipline which is not otherwise provided for in this Act, or which is not of a sufficiently serious nature to require prosecution before a criminal Court, that is to say,— (a) confinement for not more than seven days in the quarter-guard or such other place as may be considered suitable, with forfeiture of all pay and allowances during its continuance; (b) punishment drill, or extra guard, fatigue or other duty, for not more than thirty days, with or without confinement to quarters, lines or camp; (c) censure or severe censure:provided that this punishment may be awarded to a subordinate officer only by the Commandant. (4) A jemadar or sub-inspector who is temporarily in command of a detachment or an outpost may, in like manner and for the commission of any like offence, award to any member of the Force for the time being subject to his authority any of the punishments specified in clause (b) of sub-section (3) for not more than fifteen days. **12. Place of imprisonment and liability to dismissal on imprisonment.—(1) Every person** sentenced under this Act to imprisonment may be dismissed from the Force, and shall further be liable to forfeiture of pay, allowance and any other moneys due to him, as well as of any medals and decorations received by him. (2) Every such person shall, if he is so dismissed, be imprisoned in the prescribed prison, but if he is not also dismissed from the Force, he may, if the Court or the Commandant so directs, be confined in the quarter-guard or such other place as the Court or the Commandant may consider suitable. 5 ----- **13. Deductions from pay and allowances.—The following penal deductions may be made from the** pay and allowances of a member of the Force by his company officer, that is to say,— (a) all pay and allowances for every day of absence either on desertion or without leave and for every day of imprisonment awarded by a criminal Court or of confinement awarded under section 11; (b) all pay and allowances for every day whilst he is in custody on a charge for an offence of which he is afterwards convicted; (c) all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him at the hospital to have been caused by an offence committed by him under this Act; (d) all pay and allowances ordered to be forfeited under section 11; and (e) such sum as may be ordered by the Commandant or assistant commandant in order to make good any expenses caused by the member of the Force, or any loss of, or damage or destruction done by him to, any arms, ammunition, equipment, clothing, instruments or decorations belonging to the Force or to any buildings or property. **14. Collective fines.—Whenever any weapon, part of a weapon or ammunition, forming part of the** equipment of a company or other similar unit of the Force, is lost or stolen the Commandant may, after making such inquiry as he thinks fit and subject to such rules as may be prescribed, impose a collective fine upon the subordinate officers and men of such unit, or upon so many of them as, in his judgment, should be held responsible for such loss or theft. ARREST **15. Arrest.—(1) Any member of the Force who commits any offence specified in section 9 or section** 10 may be placed on open or close arrest by any officer of the Force. (2) Where any subordinate officer orders an arrest under sub-section (1), he shall forthwith or at the earliest opportunity report the arrest to his company or detachment commander who shall after investigating the case order the release or the continued arrest of the member of the Force arrested. MISCELLANEOUS **16. Powers and duties conferrable and imposable on members of the Force.—(1) The Central** Government may, by general or special order, confer or impose upon any member of the force any of the powers or duties conferred or imposed on a police officer of any class or grade by any law for the time being in force. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), the Central Government may invest the Commandant or an assistant commandant with the powers of a Magistrate of any class for the purpose of inquiring into or trying any offence committed by a member of the Force and punishable under this Act, or any offence committed by a member of the Force against the person or property of another member: Provided that— (i) when the offender is on leave or absent from duty, or (ii) when the offence is not connected with the offender’s duties as a member of the Force, or (iii) when it is a petty offence, even if connected with the offender's duties as a member of the Force, the offence may, if the prescribed authority within the limits of whose jurisdiction the offence has been committed, so directs, be inquired into or tried by an ordinary criminal Court having jurisdiction in the matter. **17. Protection for acts of members of the Force.—(1) In any suit or proceeding against any** member of the Force for any act done by him in pursuance of a warrant or order of a competent authority, 6 ----- it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order. (2) Any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved the member of the Force shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order. (3) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding (whether civil or criminal) which may lawfully be brought against any member of the Force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules thereunder, shall be commenced within three months after the act complained of was committed and not otherwise, and notice in, writing of such proceeding and of the cause thereof shall be given to the defendant or his superior officer at least one month before the commencement of such proceeding. **18. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) regulating the classes and grades of, and the pay, pension and other remuneration of, members of the Force, and their conditions of service in the Force; (b) regulating the powers and duties of officers authorised to exercise any functions by or under this Act; (c) fixing the period of service for members of the Force; (d) regulating the award of minor punishments under section 11, and providing for appeals from, or the revision of, orders under that section, or the remission of fines imposed under that section, and the remission of deductions made under section 13; (e) regulating the several or collective liability of members of the Force in the case of the loss or theft of weapons and ammunition; (f) for the disposal of criminal cases arising under this Act and for specifying the prison in which a person convicted in any such case may be confined. 1[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **19. Validation of acts done before commencement of Act.—Any order made, thing done, or action** taken by or in relation to a member of the Force, on or after the 15th day of August, 1947, but before the commencement of this Act, shall for all purposes be deemed to have been made, done or taken under this Act as if this Act were in force on the day on which such order was made, thing was done or action was taken 1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 7 ----- THE SCHEDULE RECRUITING ROLL (See section 5) After you have served in the Force for such period as the Central Government may prescribe, you may, at any time when not on active duty, apply for discharge, through the officer to whom you may be subordinate, to the Commandant, and you will be granted your discharge after two months from the date of your application, unless your discharge would cause the vacancies in the Force to exceed one-tenth of the sanctioned strength in which case you shall be bound to remain until this objection is waived or removed. But when on active duty, you shall have no claim to a discharge, and you shall be bound to remain to do your duty until the necessity for retaining you in the Force ceases when you may make your application in the above mentioned manner: Provided that, if you wish to withdraw from the Force, you may submit your resignation at any time before the expiration of the first three months of your service, but not afterwards until the completion of the period prescribed as aforesaid; the Commandant may either accept your resignation forthwith or at the end of three months from the date of its receipt: Provided, also, that the Commandant may, if he thinks fit, allow you to resign at any time on your giving three months' notice of your wish to do so. Signature of the member of the Force in acknowledgement of the above having been read out to him. Space for impression of the member's left thumb to be taken in the presence of the enrolling officer, Signed in my presence after I had ascertained that the candidate understood the purport of what he signed. _Commandant_ _or other authorised enrolling officer_ Place Date 8 -----

27-Feb-1950

07

The High Courts (Seals) Act, 1950

https://www.indiacode.nic.in/bitstream/123456789/1475/5/A1950-07.pdf

central

# THE HIGH COURTS (SEALS) ACT, 1950 ________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title. 2. Seals of High Courts. 3. [Repealed.] 1 ----- # THE HIGH COURTS (SEALS) ACT, 1950 ACT NO. 7 OF 1950 [27th February, 1950.] # An Act to provide for the use of seals of common form and design by the High Courts in the States. BE it enacted by Parliament as follows:— **1. Short title.—This Act may be called the High Courts (Seals) Act, 1950.** **2. Seals of High Courts.—(1) Every High Court in a [1][State] shall have and use, as occasion may** arise, a seal bearing a device and impression of the Asoka capital within an exergue or label surrounding the same, with the following inscriptions at convenient places, namely, “THE SEAL OF THE HIGH COURT AT (or OF) ..............”, followed by the name of the seal of the High Court or the name of the State, as the case may be, and “Satyameva Jayate” in Devanagari script. (2) Every Court of the Judicial Commissioner for a [2][Union territory] shall have and use, as occasion may arise, a seal similar to the seal of a High Court in a [3]* * * State, but with the first inscription reading “THE SEAL OF THE JUDICIAL COMMISSIONER'S COURT FOR .......................” followed by the 4[name of the Union territory]. (3) The provisions of this shall supersede any provision contrary thereto or inconsistent therewith contained in any Letters Patent, Order, direction or other law relating to the use of seals by High Courts. **3. [Repeal of Ordinance 13 of 1950.]—Rep. by the Repealing and Amending Act, 1957 (36 of 1957)** _s. 2 and the First Schedule._ 1. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part A State or Part B State”. 2. Subs., ibid., for “Part C State”. 3. The word and letter “Part A” omitted, ibid. 4. Subs., ibid., for “name of the State”. 2 -----

1-Mar-1950

12

The Emblems and Names (Prevention of Improper Use) Act, 1950

https://www.indiacode.nic.in/bitstream/123456789/1896/5/A1950-12.pdf

central

# THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950 _________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title, extent, application and commencement. 2. Definitions. 3. Prohibition of improper use of certain emblems and names. 4. Prohibition of registration of certain companies, etc. 5. Penalty. 6. Previous sanction for prosecution. 7. Savings. 8. Power of the Central Government to amend the Schedule. 9. Power to make rules. THE SCHEDULE. 1 ----- # THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950 ACT NO. 12 OF 1950[1] [1st March, 1950.] # An Act to prevent the improper use of certain emblems and names for professional and commercial purposes. BE it enacted by Parliament as follows:— **1. Short title, extent, application and commencement.—(1) This Act may be called the Emblems** and Names (Prevention of Improper Use) Act, 1950. (2) It extends to the whole of India [2]* * * and also applies to citizens of India outside India. (3) It shall come into force on such date[3] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “emblem” means any emblem, seal, flag, insignia, coat-of-arms or pictorial representation specified in the Schedule; (b) “competent authority” means any authority competent under any law for the time being in force to register any company, firm, or other body of persons or any trade mark or design or to grant a patent; (c) “name” includes any abbreviation of a name. **3. Prohibition of improper use of certain emblems and names.—Notwithstanding anything** contained in any law for the time being in force, no person shall, except in such cases and under such conditions as may be prescribed by the Central Government, use, or continue to use, for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trade mark or design, any name or emblem specified in the Schedule or any colourable imitation thereof without the previous permission of the Central Government or such officer of Government as may be authorised in this behalf by the Central Government. **4. Prohibition of registration of certain companies, etc.—(1) Notwithstanding anything contained** in any law for the time being in force, no competent authority shall,— (a) register any company, firm or other body of persons which bears any name, or (b) register a trade mark or design which bears any emblem or name, or (c) grant a patent in respect of an invention which bears a title containing any emblem or name, if the use of such name or emblem is in contravention of section 3. (2) If any question arises before a competent authority whether any emblem is an emblem specified in the Schedule or a colourable imitation thereof, the competent authority may refer the question to the Central Government, and the decision of the Central Government thereon shall be final. **5. Penalty.—Any person who contravenes the provisions of section 3 shall be punishable with fine** which may extend to five hundred rupees. 1. This Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and the Schedule (w.e.f. 1-8-1965) and brought into force in Pondicherry on 1-10-1963, _vide Reg. 7 of 1963, s. 3 and the Schedule I, in_ Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the Schedule I and in Sikkim (w.e.f. 1-9-1975), vide S.O. 4292 dated 16-9-1975. 2. The words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), s. 2 and the Schedule (w.e.f. 1-11-1956). 3. 1st September, 1950, see Gazette of India, 1950, Part II, s. 3. 2 ----- **6. Previous sanction for prosecution.—No prosecution for any offence punishable under this Act** shall be instituted, except with the previous sanction of the Central Government or of any officer authorised in this behalf by general or special order of the Central Government. **7. Savings.—Nothing in this Act shall exempt any person from any suit or other proceeding which** might, apart from this Act, be brought against him. **8. Power of the Central Government to amend the Schedule.—The Central Government may, by** notification in the Official Gazette, add to or alter the Schedule, and any such addition or alteration shall have effect as if it had been made by this Act. **9. Power to make rules.—** **[1][(1)] The Central Government may, by notification in the Official** Gazette, make rules to carry out the purposes of this Act. 2[(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 1. Section 9 renumbered as sub-section (1) thereof by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 2. Ins. by s. 9, ibid. (w.e.f. 15-5-1986). 3 ----- THE SCHEDULE [See sections 2(a) and 3] 1.The name, emblem or official seal of the United Nations Organization. 2.The name, emblem or official seal of the World Health Organization. 3.The Indian National Flag. 1[4.The name, emblem or official seal of the Government of India or of any State, or any other insignia or coat-of-arms used by any such Government or by a Department of any such Government.] 2[5.The emblems of the St. John’s Ambulance Association (India), and the St. John’s Ambulance Brigade (India), consisting of the device of a white eight pointed cross embellished in the four principal angles [3]***, whether or not the device is surrounded or accompanied by concentric circles or other decoration or by lettering.] 4[6.The name, emblem or official seal of the President, Governor, 5 - * * 6 [Sadar-i-Riyasat] or Republic or Union of India.] 4[7. Any name which may suggest or be calculated to suggest— (i) the patronage of the Government of India or the Government of a State; or (ii) connection with any local authority or any corporation or body constituted by the Government under any law for the time being in force.] 4[8.The name, emblem or official seal of the United Nations Educational, Scientific and Cultural Organisation.] 7[9.The name or pictorial representation of Rashtrapati, 8* * * Rashtrapati Bhavan, Raj Bhavan.] 9 [9A. 10 [The name or pictorial representation of Mahatma Gandhi 11 [Shrimati Indira Gandhi,] Chatrapati Shivaji Maharaj or the Prime Minister of India or the words ‘Gandhi’ ‘Nehru’ or ‘Shivaji’, except the pictorial use thereof on calendars where only the name of the manufacturers and printers of the calendars are given and the calendars are not used for advertising goods.]] 12[9B. The name or pictorial representation of “Shri Lal Bahadur Shastri”.] 13[10.The medals, badges or decorations instituted by the Government from time to time or the miniatures or replicas of such medals, badges or decorations [14][or the names of such medals, badges or decorations or of the miniatures or replicas thereof].] 15[11.The name, emblem or official seal of the International Civil Aviation Organisation.] 16[12.The word “Interpol” which is an integral part of the International Criminal Police Organisation.] 1. Subs. by Notification No. S.R.O. 1230, dated the 4[th] June, 1955, Gazette of India, 1955, Part II, s. 3. 2. Added by Notification No. S.R.O. 561, dated the 20th March, 1952, ibid., 1952, Part II, s. 3. 3. The words “alternatively with a lion passant quadrant and a unicome passant” omitted by S.O. 2135, dated 12[th] August, 1972. 4. Added by Notification No S.R.O. 1230, dated the 4[th] June, 1955, ibid., 1955, Part II, s. 3. 5. The word “Rajpramukh” omitted by the Adaptation of Laws (No. 3) Order, 1956. 6. Ins. by Notification No S.R.O. 2011, dated the 7th September, 1955, ibid., 1955, Part II, s. 3. 7. Ins. by Notification No. S.R.O. 2011, dated the 7th September, 1955,ibid., 1955, Part II, s. 3. 8. The words “Rashtra Bhavan” omitted by Notification No. S.O. 1916, dated the 30th July, 1960, _ibid., 1960, Part II,_ s. 3(ii). 9. Added by Notification No. S.O. 416, dated the 14th February, 1959, ibid., 1959, Part II, s. 3(ii). 10. Subs. by Notification No. S.O. 1503, dated the 8th April, 1970. 11. Ins. by Notification No. S.O. 239(E), dated the 27th March, 1964. 12. Ins. by Notification No. S.O. 448(E), dated the 28th February, 2011. 13. Ins. by Notification No. S.R.O. 525, dated the 23th February, 1956, ibid., 1956, Part II, s. 3(ii). 14. Added by Notification No. S.R.O. 1862, dated the 17th August, 1956, ibid., 1956, Part II, s. 3(ii). 15. Added by Notification No. S.R.O. 2906, dated the 4th September, 1957, ibid., 1957, Part II, s. 3(ii). 16. Added by Notification No. S.O. 1429, dated the 19th June, 1959, ibid., 1959, Part II, s. 3(ii). 4 ----- 1[13.The name, emblem or official seal of the World Meteorological Organisation.] 2[14.The name and emblem of the Tuberculosis Association of India.] 3[15.The name, emblem and official seal of the International Atomic Energy Agency.] 4[16.The names “Ashoka Chakra” or “Dharma Chakra” or the pictorial representation of Ashoka Chakra as used in the Indian National Flag or in the official seal or emblem of the Government of India or of any State Government or of a Department of any such Government.] 5[17.The name of the Parliament or the Legislature of any State, or the Supreme Court, or the High Court of any State, or the Central Secretariat, or the Secretariat of any State Government or any other Government Office or the pictorial representation of any building occupied by any of the aforesaid institutions.] 6[18.The name and emblem of the Rama Krishna Math and Mission consisting of a swan floating on waters, with a Lotus in the foreground and the rising sun in the background, the whole being encircled by a wild serpent (facing right) with the words [“तन्नो ह्रंस: प्रचोदयात”] superimposed on the bottom portion.] 7[19.The name and emblems of the Sri Sarda Math and Ramakrishna Sarda Mission consisting of a swan (facing right) floating on waters, with a Lotus in the foreground and the rising sun in the background, the whole being encircled by a wild serpent (facing right) with the words [“तन्नो ह्रंस: प्रचोदयात”] superimposed on the bottom portion.] 8[20.The name of The Bharat Scouts and Guides’ with its ‘Emblem’.] 9[21. The name and emblem of the International Olympic Committee consisting of five inter-laced rings.] 10[22. The name and the emblem of the National Youth Emblem which is in black and white and carries the profiles of the faces of two onward looking young persons-male and female-inscribed within a circle. Both faces are turning towards the right and the profile of the male face is in black and is situated behind that of the female face. The back of profile of the female face forms the tail and wing of a dove flying in the opposite direction with its beak extending outside the circle and carrying a twig with leaf. The profile of the dove is in white and the balance space of the profile of the female face is covered with horizontal lines in black. The space between the black profile of the male face and the circle is also covered by horizontal lines in black. The space in between the profile of the dove and the circle to the left of the dove is also in black. The leaf and twig is in black. One eye of the dove is shown in the form of a dot.] 11[23 12[The name and emblem of the Auroville consisting of two concentric circles; the inner circle is joined to the outer circle with five equidistant radial lines to form five petals; one of the radial lines is oriented vertically downwards. An inner dot is placed at the center of the symbol. The petals may be shaded in orange or any other colour, or may be unshaded.] 1. Added by Notification No. S.O. 1544, dated the 6[th] July, 1959, ibid., 1959, Part II, s. 3(ii). 2. Added by Notification No. S.O. 1605, dated the 13[th] July, 1959, Gazette of India, 1959, Part II, s. 3(ii). 3. Added by Notification No. S.O. 2438, dated the 7th October, 1961, ibid., Part II, s. 3(ii). 4. Added by Notification No. S.O. 671, dated the 18th February, 1964, ibid., Part II, s. 3(ii). 5. Added by Notification No. S.O. 3760, dated the 24th October, 1964, ibid., 1964, Part II, s. 3(ii). 6. Added by Notification No. S.O. 2356, dated the 4th August, 1973, ibid., 1973, Part II, s. 3(ii). 7. Added by Notification No. S.O. 2697, dated the 11th September, 1973, ibid., 1973, Part II, s. 3(ii). 8. Added by Notification No. S.O. 1841, dated the 10th July, 1974, ibid., 1974, Part II, s. 3(ii). 9. Added by Notification No. S.O. 2457, dated the 18th August, 1978. 10. Ins. by S.O. 373 (E), dated 23rd June, 1986. 11. Ins. by Notification No. S.O. 593 (3), dated the 22nd July, 1999. 12. Subs. by S.O. 276 (E), dated the 28 th March, 2000 published in the Gazette of India, Extra., Pt. II, Sec. 3 (ii), dated the 28[th] March, 2000. 5 ----- 1[24. The name of Sri Sathya Sai Central Trust and its two emblems described below: (i) In the middle, it has a lotus flame that is spreading light of goodwill in all directions. Five universal human values—Truth, Right conduct, Peace, Love and Non-violence are placed in the outer circle. These are universal values that are common to all faiths and beliefs. The emblem has no specific colour stipulation (ii) This emblem is a Sarvadharma (multi-religious) Symbol and equality of all religions symbol. It depicts symbols of major world religions-Om-in Sanskrit/Devnagri (Hindusim and Sikhism), Cross (Christianity), Crescent & Star (Islam), Fire (Zoroastrianism), and Wheel (Dharma Chakra revered by Budhists & Jains). All signs are placed in a circle signifying their equality. In the middle circle, there is a Lotus Flame that signified Purity, Virtue & Character. This emblem is used in various colours and no specific colour is officially notified.] 2[25. The name of Sri Sathya Sai.] 3[26. The logo/emblem of the NHRC described below : (i) The logo features the Ashoka Chakra at its heart. The petals in the upper half of the Chakra, which is derived from the national flag, change to brilliant orange rays radiating upwards and outwards. Like the sun's rays, these too are indicative of hope and movement, with a far reaching penetrating quality. The rays benefit all, without distinction, and are not subject to limitations of any kind. The entire symbol is guarded by two side arms which seem to raise it and protect it, thereby suggesting universal love and hope-qualities which are the birthright of all mankind. (ii) The Sanskrit quotation "Sarve Bhavantu Sukhinah” is also incorporated in the logo.] [4][27. The name "National Human Rights Commission" and its abbreviation 'NHRC/'nhrc’.] 5[28. The Names and Emblems of Federation Internationale de Football Association (FIFA) and Federation of Internationale de Football Association (FIFA) Under 17-World Cup described below: — The Emblem of FIFA of the letter FIFA in blue on a white background. The letter FIFA are the acronym of Federation Internationale de Football Association.] 1. Ins. by S.O. 77 (E), dated the 15 th January, 2004, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated the 15th January, 2004. 2. Ins. by S.O. 578 (E), dated the 14th May, 2004, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated the 14th May, 2004. 3. Ins. by S.O. 1323 (E), dated 3rd December, 2004, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated the 3rd December, 2004. 4. Ins. by Notification No. S.O. 458(E), dated 10th March, 2008. 5. Ins. by Notification No. S.O. 2764(E), dated 13th September, 2013. 6 -----

1-Mar-1950

10

The Immigrants (Expulsion from Assam) Act, 1950

https://www.indiacode.nic.in/bitstream/123456789/1674/5/A1950-10.pdf

central

# THE IMMIGRANTS (EXPULSION FROM ASSAM) ACT, 1950 __________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title and extent. 2. Power to order expulsion of certain immigrants. 3. Delegation of power. 4. Power to give effect to orders, etc. 5. Penalties. 6. Protection to persons acting under this Act. 7. [Repealed.] 1 ----- # THE IMMIGRANTS (EXPULSION FROM ASSAM) ACT, 1950 ACT NO. 10 OF 1950 [1st March, 1950.] # An Act to provide for the expulsion of certain immigrants from Assam. BE it enacted by Parliament as follows:— **1. Short title and extent.—(1) This Act may be called the Immigrants (Expulsion from Assam)** Act, 1950. (2) It extends to the whole of India. **2. Power to order expulsion of certain immigrants.—If the Central Government is of opinion that** any person or class of persons, having been ordinarily resident in any place outside India, has or have, whether before or after the commencement of this Act, come into Assam and that the stay of such person or class of persons in Assam is detrimental to the interests of the general public of India or of any section thereof or of any Scheduled Tribe in Assam, the Central Government may by order— (a) direct such person or class of persons to remove himself or themselves from India or Assam within such time and by such route as may be specified in the order; and (b) give such further directions in regard to his or their removal from India or Assam as it may consider necessary or expedient: Provided that nothing in this section shall apply to any person who on account of civil disturbances or the fear of such disturbances in any area now forming part of Pakistan has been displaced from or has left his place of residence in such area and who has been subsequently residing in Assam. **3. Delegation of power.—The Central Government may, by notification in the Official Gazette,** direct that the powers and duties conferred or imposed on it by section 2 shall, subject to such conditions, if any, as may be specified in the notification, be exercised or discharged also by— (a) any officer subordinate to the Central Government; (b) the [1][ [2][Government of Assam, Meghalaya] or Nagaland] any officer subordinate to that Government. **4. Power to give effect to orders, etc.—Any authority empowered by or in pursuance of the** provisions of this Act to exercise any power may, in addition to any other action expressly provided for in this Act, take or cause to be taken such steps, and use or cause to be used such force, as may in its opinion be reasonably necessary for the effective exercise of such power. **5. Penalties.—Any person who—** (a) contravenes or attempts to contravene or abets the contravention of any order made under section 2, or (b) fails to comply with any direction given by any such order, or (c) harbours any person who has contravened any order made under section 2 or has failed to comply with any direction given by any such order, shall be punishable with imprisonment which may extend to three years and shall also be liable to fine. **6. Protection to persons acting under this Act.—No suit, prosecution or other legal proceeding** shall lie against any person for anything which is in good faith done or intended to be done under this Act. **7. [Repeal and saving.]—Rep. by the Repealing and Amending Act, 1957 (36** _of 1957),_ _s. 2_ _and_ _Schedule._ 1. Subs. by the State of Nagaland (Adaptation of Laws on Union Subjects) Order, 1965, for “Government of Assam” (w.e.f. 1-12-1963). 2. Subs. by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974, for “Government of Assam” (w.e.f. 21-1-1972). 2 -----

10-Mar-1950

18

The Special Criminal Courts (Jurisdiction) Act, 1950

https://www.indiacode.nic.in/bitstream/123456789/2041/5/A1950-18.pdf

central

# THE SPECIAL CRIMINAL COURTS (JURISDICTION) ACT, 1950 _______ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title and extent. 2. Definition. 3. Jurisdiction of special criminal courts to try offences with respect to matters in the Union List. 4. Power to add to Schedule. 5. Repeal of Ordinance VII of 1950. THE SCHEDULE. 1 ----- # THE SPECIAL CRIMINAL COURTS (JURISDICTION) ACT, 1950 ACT NO. 18 OF 1950 [10th March, 1950.] # An Act to confer upon special criminal courts, constituted by or under certain State laws, jurisdiction to try offences against laws with respect to any of the matters enumerated in the Union List. BE it enacted by Parliament as follows:— **1. Short title and extent.—(1)** This Act may be called the Special Criminal Courts (Jurisdiction) Act, 1950. (2) It extends to the whole of India except [1] [the territories which, immediately before the 1st November, 1956, were comprised in Part B States]. **2. Definition.—In this Act, “special criminal court” means any special court of criminal jurisdiction** constituted by or under any law included in the Schedule. **3. Jurisdiction of special criminal courts to try offences with respect to matters in the Union** **List.—Notwithstanding anything contained in any law for the time being in force, it shall be lawful for any** special criminal court to try offences against laws with respect to any of the matters enumerated in List I in the Seventh Schedule to the Constitution, if such court is otherwise competent to try such offence under the law constituting it. **4. Power to add to Schedule.—The Central Government may, by notification in the Official Gazette, add** to the Schedule any other State law providing for the trial of offences by special criminal courts, and any such addition shall take effect as if such law had been included in the Schedule by this Act. **5. Repeal of Ordinance VII of 1950.—(1) The Special Criminal Courts (Jurisdiction) Ordinance, 1950** (7 of 1950) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken in the exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such thing was done or action was taken. 1. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part B States”. 2 ----- THE SCHEDULE (See section 2) Year No. Short title 1947 6 The Bombay Public Security Measures Act, 1947. 1948 62 The Central Provinces and Berar Public Safety Act, 1948. 1949 3 The West Bengal Special Courts Ordinance, 1949. 1[1950 10 The West Bengal Special Courts Act, 1950.] 2[1950 19 The Assam Special Courts Act, 1950.] 3[1949 21 The West Bengal Criminal Law Amendment (Special Courts) Act, 1949.] 4[1952 1 The Tribunals of Criminal Jurisdiction Ordinance, 952 (West Bengal Ordinance. (1 of 1952).] ________ 1. Ins. by Notification No. S.R.O. 12, dated 18th April, 1950, see Gazette of India, Part II, s. 3. 2. Ins. by Notification No. S.R.O. 29, dated 29th April, 1950, see Gazette of India, Part II, s. 3. 3. Ins. by Notification No. S.R.O. 117, dated 6th April, 1949, see Gazette of India, Part II, s. 3. 4. Ins. by Notification No. S.R.O. 672, dated 15th April, 1952, see Gazette of India, Part II, s. 3. 3 -----

12-Apr-1950

29

The Transfer of Prisoners Act, 1950

https://www.indiacode.nic.in/bitstream/123456789/1574/5/A1950-29.pdf

central

# THE TRANSFER OF PRISONERS ACT, 1950 _______ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title and extent. 2. Definitions. 3. Removal of prisoners from one State to another. 4. [Repealed.] 1 ----- # THE TRANSFER OF PRISONERS ACT, 1950 ACT NO. 29 OF 1950[1] [12th April, 1950.] # An Act to provide for the removal from one State to another of persons confined in a prison. BE it enacted by Parliament as follows:— **1. Short title and extent.—(1) This Act may be called the Transfer of Prisoners Act, 1950.** (2) It extends to the whole of India [2]* * *. **2. Definitions.—In this Act,—** (a) “court” includes any officer lawfully exercising civil, criminal or revenue jurisdiction; 3[(b) “Government” or “State Government”, in relation to a Part C State, means the administrator thereof;] (c) “prison” includes any place which has been declared by State Government, by general or special order, to be a subsidiary jail. **3. Removal of prisoners from one State to another.—(1) Where any person is confined in a prison** in a State,— (a) under sentence of death, or (b) under, or in lieu of, a sentence of imprisonment or transportation, or (c) in default of payment of a fine, or (d) in default of giving security for keeping the peace or for maintaining good behaviour; the Government of that State may, with the consent of the Government of any other State, by order, provide for the removal of the prisoner from that prison to any prison in the other State. (2) The officer in charge of the prison to which any person is removed under sub-section (1) shall receive and detain him, so far as may be, according to the exigency of any writ, warrant or order of the court by which such person has been committed, or until such person is discharged or removed in due course of law. **4. [Amendment of section 29,** _Act_ _III of 1900.]—Rep. by the Repealing and Amending Act, 1957_ (36 of 1957), s. 2 and Schedule I. 1. The Act has been extended to— Kohima and Mokakchung Districts by Reg. 7 of 1961; Dadra and Nagar Haveli by Reg. 6 of 1963; Goa, Daman and Diu by notification No. GSR 430, dated 9-3-1965, see Gazette of India, Part II, s. 3(i). 2. The words “extends to the State of Jammu and Kashmir” omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968). 3. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for clause (b) (w.e.f. 1-11-1956). 2 -----

15-Apr-1950

30

The Union Territories (Laws) Act, 1950

https://www.indiacode.nic.in/bitstream/123456789/1874/5/A1950-30.pdf

central

# THE UNION TERRITORIES (LAWS) ACT 1950 _________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and commencement. 2. Power to extend enactments to certain Union territories. 3. Extension of laws to Tripura, Vindhya Pradesh and Manipur. 4. Repeals and Savings. THE SCHEDULE. 1 ----- # THE UNION TERRITORIES (LAWS) ACT 1950 ACT NO. 30 OF 1950 An Act to provide for the extension of laws to certain [1][Union territories.] [15th April, 1950.] BE it enacted by Parliament as follows:— **1. Short title and commencement.—(1) This Act may be called the** [1][Union Territories] (Laws) Act, 1950. (2) It shall come into force on the 16th day of April, 1950. **2. Power to extend enactments to certain Union territories.—The Central Government may, by** notification in the Official Gazette, extend to [2][the Union territory of Delhi, Himachal Pradesh, Manipur or Tripura or to any part of such territory], with such restrictions and modifications as it thinks fit, any enactment which is in force in a [3][State] at the date of the notification, [4]* * *. **3. Extension of laws to Tripura, Vindhya Pradesh and Manipur.—(1) The Acts and Ordinances** specified in the Schedule to the Merged States (Laws) Act, 1949 (59 of 1949), are hereby extended to, and shall be in force in, the States of Tripura and Vindhya Pradesh, as they are generally in force in the territories to which they extend immediately before the commencement of this Act. (2) [5][Subject to the provisions contained in sub-section (2A), the Acts and ordinances referred to in sub-section (1)], are hereby extended to, and shall be in force in, the State of Manipur as they are generally in force in the territories to which they extend immediately before the commencement of this Act: Provided that the Indian Penal Code (45 of 1860) in its application to the State of Manipur shall have effect as if— (a) in section 361, for the word “eighteen” the word “fifteen” had been substituted, and (b) in section 375, for the word “sixteen” in clause _Fifthly the word “fourteen” had been_ substituted, and for the word “fifteen” in the Exception the word “thirteen” had been substituted. 6[(2A) The Acts specified in Part A of the Schedule to this Act shall not extend to the State of Manipur, and the Acts specified in Part B thereof shall extend to, and be in force in that State only as from the date of commencement of the Union Territories (Laws) Amendment Act, 1956 (68 of 1956), and shall with effect from that date, be amended to the manner and to the extent specified in the said Part.] (3) For the purpose of facilities the application in the said States of any such Act or Ordinance as aforeaid any Court or other authority may construe the Act or Ordinance with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the Court or other authority. 6[Explanation.—For the purposes of this section and section 4, any reference to the State of Manipur or Tripura in relation to any period after the 31st October, 1956, shall be construed as a reference to the Union territory of Manipur or Tripura as the case may be]. **4. Repeals and Savings.—Section 7 of the Delhi Laws Act, 1912 (13 of 1912), the Ajmer Merwara** (Extension of Laws) Act, 1947 (52 of 1947), and any law which immediately [7][before the coming into force of any Act or Ordinance extended by this Act to any of the States of Manipur, Tripura and Vindhya Pradesh is in force in that State and corresponds to the Act or Ordinance as so extended], are hereby repealed: Provided that the repeal shall not affect— (a) the previous operation of any such law, or 1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C States”. 2. Subs. ibid., for certain words. 3. Subs., ibid., for “Part A State”. 4. Certain words, brackets and letters, omitted by Act 48 of 1952, s. 3 and the Second Schedule. 5. Subs. by Act 68 of 1956, s. 2, for certain words (w.e.f. 1-1-1957). 6. Ins. by s. 2, ibid. (w.e.f. 1-1-1957). 7. Subs. by s. 3, ibid., for certain words (w.e.f. 1-1-1957). 2 ----- (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any such law; or (c) any investigation, legal proceeding or remedy in respect of any such penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed: Provided further that, subject to the preceding proviso, anything done or any action taken, including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, form, bye-law or scheme framed, certificate, patent, permit or licence granted or registration effected, under such law shall be deemed to have been done or taken under section 2 or, as the case may be, under the corresponding provision of the Act or Ordinance [1][as extended] to the State by section 3, and shall continue in force accordingly, unless and until superseded by anything done or any action taken under the said section 2 or, as the case may be, under the said Act or Ordinance. 1. Subs. by Act 68 of 1956, s. 3, for “as now extended” (w.e.f. 1-1-1957). 3 ----- 1THE SCHEDULE [See section 3 (2A)] _Part A_ _Acts not extended to Manipur by this Act_ Year Number Short Title 1 2 3 1866 1872 1879 XXI XV 2* XVIII The Converts’ Marriage Dissolution Act, 1866 The Indian Christian Marriage Act, 1872 - * * * The Legal Practitioners Act, 1879 _Part B_ _Acts extended to Manipur by this Act as from the commencement of the Union Territories’ (Laws)_ _Amendment Act, 1956._ Year Number Short Title Amendment (if any) 1 2 3 4 1873 X The Indian Oaths Act, 1873 In section 1, for the second paragraph, the following paragraph shall be substituted, namely:—“It extends to the whole of India except the State of Jammu and Kashmir*.” 1882 IV The Transfer of Property Act, 1882. 1887 VII The Suits Valuation Act, 1887. 1898 V The Code of Criminal Procedure, 1898. 1908 V The Code of Civil Procedure, 1908. 1925 XXXIX The Indian Succession Act, 1925. (1) In section 1, in sub-section (2), the words “and the Union territory of Manipur” shall be omitted, and (2) in section 93A, in sub-section (1), the words “or in the Union territory of Manipur” shall be omitted. In section 1, in sub-section (3) the word “and” at the end of clauses (c) and clause (d) shall be omitted. _________ 1. Subs. by Act 68 of 1956, s. 4, for the original Schedule. 2. Entry relating to the Married Women’s Property Act, 1874 (3 of 1874) omitted by Act 61 of 1959, s. 4 (w.e.f. 1-3-1960). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 4 -----

28-Apr-1950

40

The Army and Air Force (Disposal of Private Property) Act, 1950

https://www.indiacode.nic.in/bitstream/123456789/2029/5/A1950-40.pdf

central

# THE ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) ACT, 1950. ___________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Property of deceased persons and deserters other than officers. 4. Property of officers who die or desert. 5. Decision of questions as to regimental and other debts in camp or quarters. 6. Representative powers of commanding officer or Committee. 7. Power of Central Government to hand over estate or deceased person to the Administrator General. 8. Disposal of surplus by prescribed persons. 9. Disposal of effects, not money. 10. Disposal of certain property without production of probate, etc. 11. Discharge of commanding officer, Committee, prescribed person and the Central Government. 12. Property in the hands of commanding officer, Committee or prescribed person not to be assets where commanding officer, Committee or prescribed person is stationed. 13. Saving of rights of representative. 14. Application of sections 3 to 13 to persons of unsound mind or to persons reported missing on active service. 15. Appointment of standing Committee of Adjustment in certain cases. 16. Power to make rules. 17. [Repealed.] 1 ----- # THE ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) ACT, 1950. ACT NO. 40 OF 1950[1] [28th April, 1950.] # An Act to provide for the disposal of the private property of persons subject to the Army Act, 1950 or the Air Force Act, 1950, who die or desert or are ascertained to be of unsound mind or while on active service are officially reported to be missing. BE it enacted by Parliament as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Army and Air Force** (Disposal of Private Property) Act, 1950. (2) It extends to the whole of India, and applies to citizens of India and persons subject to the Army Act, 1950 (46 of 1950), or the Air Force Act, 1950 (45 of 1950), wherever they may be. (3) It shall come into force on such date[2] as the Central Government may, by notification in the Official Gazette, appoint in this behalf. **2. Definitions.—In this Act, unless the context otherwise requires,—** (1) “Committee” means the Committee of Adjustment constituted under section 4; (2) “prescribed” means prescribed by rules made under this Act; (3) “regimental and other debts in camp or quarters” includes— (i) in relation to any person subject to the Army Act, 1950 (45 of 1950), moneys due as military debts, namely, sums due in respect of or of any advance in respect of— (a) quarters; (b) mess, band and other regimental accounts; (c) military clothing, appointments and equipments, not exceeding a sum equal to three months’ pay of the deceased and having become due within eighteen months before the date of his death; and (ii) in relation to any person subject to the Air Force Act, 1950 (45 of 1950), moneys due as air force debts, namely, sums due in respect of or of any advance in respect of— (a) quarters; (b) mess, band and other service accounts; (c) air force clothing, appointments and equipments, not exceeding a sum equal to three months’ pay of the deceased and having become due within eighteen months before the date of his death; (4) “representation” includes probate, letters of administration, with or without the will annexed and a succession certificate, constituting a person executor or administrator of the estate of a deceased person or authorising him to receive or realise the assets of a deceased person; 1. This Act has been extended to— Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Schedule (w.e.f. 31-1-1963) and comes into force in Pondicherry _vide Reg. 7 of 1963, s. 3 and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and_ Schedule I (w.e.f. 1-10-1963); 2. 22nd July, 1950, vide notification No. S.R.O. 123, dated 22nd July, 1950, see Gazette of India, 1950, part II, s. 3. 2 ----- (5) “representative” means any person who has taken out representation, but does not include an Administrator General; (6) all words and expressions used herein and defined in the Army Act, 1950 (45 of 1950), or the Air Force Act, 1950 (45 of 1950), and not in this Act defined shall be deemed to have the meaning respectively attributed to them by those Acts. **3. Property of deceased persons and deserters other than officers.—(1) On the death or desertion** of any person, not being an officer, subject to the Army Act, 1950 (45 of 1950), or the Air Force Act, 1950 (45 of 1950), as the case may be, the commanding officer of the corps, department, detachment or unit to which the deceased or deserter belonged, shall, as soon as may be and subject to any rules that may be made in this behalf— (a) secure all the movable property belonging to the deceased or deserter that is in camp or quarters, and cause an inventory thereof to be made, (b) draw the pay and allowances due to such person, (c) make due provision for the payment of regimental and other debts in camp or quarters, if any, of such persons. (2) In the case of a deceased person, the commanding officer,— (a) if in any case not otherwise provided for by rules made under this Act it appears to him to be necessary to make provision for the payment of regimental and other debts in camp or quarters, the funeral expenses of the deceased and the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased, shall, and— (b) in any other case, may,— collect all moneys left by the deceased in any banking company (including any post office savings bank, co-operative bank or society or any other institution receiving deposits in money however named) and for that purpose may require the agent, manager or other proper officer of such banking company, society or other institution to pay the moneys to the commanding officer forthwith, notwithstanding anything in the rules of the banking company, society or other institution, and such agent, manager or other officer shall be bound to comply with the requisition. (3) Where any money has been paid by a banking company, society or other institution in compliance with a requisition made under sub-section (2), no person shall have any claim against the banking company, society or other institution in respect of such money. (4) Where the representative of a deceased has given security to the satisfaction of the commanding officer for the payment of the regimental and other debts in camp or quarters, if any, and of the funeral expenses of the deceased in cases where no provision for the payment of such expenses has been made otherwise and of the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased, the commanding officer shall deliver over the property received by him under sub-sections (1) and (2) to that representative, whereupon his responsibility for the administration of the estate of the deceased shall cease. (5) In the case of a deceased whose estate has not been dealt with under sub-section (4), or under section 10, and in the case of a deserter, the commanding officer,— (i) if in any case it is necessary in his opinion so to do for the purpose of securing the payment of the regimental and other debts in camp or quarters of the deceased or deserter, the funeral expenses of the deceased, if any, and the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased or deserter, shall, and 3 ----- (ii) in any other case, may cause the movable property of the deceased or deserter, as the case may be, to be sold or converted into money. (6) The commanding officer shall, out of the moneys received, collected or realised under sub-sections (1), (2) and (5), pay the regimental and other debts in camp or quarters, if any, of the deceased or deserter, as the case may be, the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased or deserter, and in the case of a deceased his funeral expenses in cases where no provision for the payment of such expenses has been made otherwise. (7) The surplus, if any, after payment of the debts and expenses specified in sub-section (6), shall,— (a) in the case of a deceased, be paid to his representative, if any, or in the event of no claim to such surplus being established within twelve months after the death, to the prescribed person; and _(b) in the case of a deserter, be forthwith paid to the prescribed person, and shall, on the expiry of_ three years from the date of desertion, be forfeited to the Central Government, unless the deserter shall have surrendered or been apprehended in the meantime: Provided that the prescribed person may, if the deserter has not surrendered or been apprehended in the meantime, pay the whole or any part of the surplus received by him under clause (b) to the wife or children or any other dependant of the deserter at any time during the said period of three years. _Explanation.—In this section and in section 4, the word “officer” with reference to persons subject to_ the Air Force Act, 1950 (45 of 1950), includes a warrant officer who has died or deserted. **4. Property of officers who die or desert.—The provisions of section 3 shall also apply to the** disposal of the property of any officer subject to the Army Act, 1950 (45 of 1950), or the Air Force Act, 1950 (45 of 1950), who dies or deserts, but with the following modifications, namely:— (i) the functions of the commanding officer under section 3 shall be performed by a Committee of Adjustment constituted in this behalf in the prescribed manner; (ii) the surplus, if any, after payment of the debts and expenses specified in sub-section (6) of section 3, shall in the case of a deceased officer, be paid to the prescribed person. **5. Decision of questions as to regimental and other debts in camp or quarters.—If in any case a** doubt or difference arises as to what are the regimental and other debts in camp or quarters of a deceased or deserter or as to the amount payable in respect thereof, the decision of the prescribed person shall be final and shall be binding on all persons for all purposes. **6. Representative powers of commanding officer or Committee.—For the purpose of the exercise** of his or its duties under section 3 or section 4, the commanding officer or the Committee, as the case may be, shall, to the exclusion of all other persons and authorities whomsoever or whatsoever, have the same rights and powers as if he or it had taken out representation to the estate of the deceased, and any receipt given by the commanding officer or the Committee, as the case may be, shall have effect accordingly. **7. Power of Central Government to hand over estate or deceased person to the Administrator** **General.—(1) Notwithstanding anything contained in** [1] [the Administrators-General Act, 1963 (45 of 1963)], an Administrator General shall not interpose in any manner in relation to any property of a deceased which has been dealt with under the provisions of section 3 or section 4, except in so far as he is expressly required or permitted to do so by or under the provisions of this Act. (2) The Central Government may, at any time and in such circumstances as it thinks fit, direct that the estate of a deceased shall be handed over by the commanding officer or the Committee, as the case may 1. Subs. by Act 31 of 2000, s. 2, for “the Administrator General’s Act,1913 (3 of 1913)” (w.e.f. 25-8-2000). 4 ----- be, to the Administrator General of a State for administration, and thereupon the commanding officer or the Committee, as the case may be, shall make over the estate to such Administrator General. (3) Where under this section any estate is handed over to the Administrator General, the Administrator General shall administer such estate in accordance with the provisions of [1] [the Administrators General Act, 1963 (45 of 1963)], or, if that Act is not in force in any State, of the corresponding law in force in that State: Provided that the regimental and other debts in camp or quarters of the deceased, if any, shall be paid by the Administrator General in priority to any other debts due by the deceased. (4) The Administrator General shall pay the surplus, if any, remaining in his hands after discharging all debts and charges, to the heirs of the deceased, and, if no heir is traceable, shall make over the surplus in the prescribed manner to the prescribed person. (5) The Administrator General shall not charge in respect of his duties under this section any fee exceeding three per cent. of the gross amount coming to or remaining in his hands after payment of the regimental and other debts in camp or quarters. **8. Disposal of surplus by prescribed persons.—On receipt of the surplus referred to in** sub-section (7) of section 3 or clause (ii) of section 4 or sub-section (4) of section 7, the prescribed person shall,— (a) if he knows of a representative of the deceased, pay the surplus to that representative; (b) if he does not know of any such representative and the surplus has not been disposed of under section 10, publish every year a notice in the prescribed form and manner for six consecutive years and if no claim to the surplus is made by a representative of the deceased within six months even after the publication of the last of such notices, the prescribed person shall deposit the surplus together with any income or accumulation of income accrued therefrom to the credit of the Central Government: Provided that such deposit shall not bar the claim of any person to such surplus or any part thereof, if he is otherwise entitled to it. **9. Disposal of effects, not money.—Where any part of the estate of a deceased person consists of** effects, securities or other property not converted into money, the provisions of sub-section (7) of section 3, clause (ii) of section 4 and section 8, with respect to the payment of the surplus, shall, save as may be prescribed, extend to the delivery, transmission or transfer of such effects, securities or property, and the prescribed person shall have the same power of converting the same into money as a representative of the deceased **10. Disposal of certain property without production of probate, etc.—Property deliverable and** money payable to the representative of a deceased under section 3 or section 4 or section 8 may, if the total amount or value thereof does not exceed [2][two lakhs] rupees and if the prescribed person thinks fit, be delivered or paid to any person appearing to him to be entitled to receive it or to administer the estate of the deceased without requiring such person to produce any probate, letters of administration, succession certificate or other such conclusive evidence of title. **11. Discharge of commanding officer, Committee, prescribed person and the Central** **Government.—Any payment or application of money or application, delivery, sale or other disposition** of any property made, or purported to be made, by the commanding officer, the Committee or the 1. Subs. by Act 31 of 2000, s. 2, for “the Administrator General’s Act, 1913 (3 of 1913)” (w.e.f. 25-8-2000). 2. Subs. by s. 3, ibid., for “ten thousand” (w.e.f. 25-8-2000). 5 ----- prescribed person in good faith in pursuance of section 3, section 4, section 8, section 9 or section 10 shall be valid and shall be a full discharge to the commanding officer, the Committee or the prescribed person, as the case may be, and to the Central Government from all further liability in respect of that money of property; but nothing herein contained shall affect the right of any executor or administrator or other representative, or of any creditor of the deceased against any person to whom such payment or delivery has been made. **12. Property in the hands of commanding officer, Committee or prescribed person not to be** **assets where commanding officer, Committee or prescribed person is stationed.—Any property** coming into the hands of the commanding officer or the Committee or the prescribed person under section 3, section 4 or sub-section (4) of section 7 shall not, by reason thereof, be deemed to be assets of effects at the place in which that commanding officer or the Committee or the prescribed persons is stationed, and it shall not be necessary by reason thereof that representation be taken out in respect of that property for that place. **13. Saving of rights of representative.—After the commanding officer, or the Committee has paid** to the prescribed person the surplus of the property of any deceased under sub-section (7) of section 3 or clause (ii) of section 4, any representative of the deceased or any Administrator General, shall, as regards any property of the deceased not collected by the commanding officer or the Committee, as the case may be, and not forming part of the aforesaid surplus, have the same rights and duties as if sections 3 and 4 had not been enacted. **14. Application of sections 3 to 13 to persons of unsound mind or to persons reported missing on** **active service.—The provisions of sections 3 to 13 shall, so far as they can be made applicable, also** apply in the case of a person subject to the Army Act, 1950 (45 of 1950), or the Air Force Act, 1950 (45 of 1950), as the case may be, who, notwithstanding anything contained [1][the Mental Health Act, 1987 (14 of 1987)], is ascertained in the prescribed manner to be of unsound mind, or who, while on active service, is officially reported missing, as if he had died on the day on which his unsoundness of mind is so ascertained or, as the case may be, on the day on which he is officially reported missing: Provided that in the case of a person so reported missing, no action shall be taken under sub-section (2) to (6) or section 3 or section 4 or section 7 until such time as he is officially presumed to be dead. **15. Appointment of standing Committee of Adjustment in certain cases.—When an officer dies** or deserts or is ascertained in the prescribed manner to be of unsound mind or while on active service is officially reported missing, the references in the foregoing provisions of this Act to the Committee shall be construed as references to the Standing Committee of Adjustment, if any, constituted in this behalf in the prescribed manner and such Standing Committee shall alone be entitled to perform all the functions of the Committee under this Act. **16. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules[2] for the purpose of carrying into effect the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may— (a) prescribe the manner in which any property belonging to a deceased or deserter may be secured or collected and his regimental and other debts in camp or quarters paid; (b) provide for the payment of the funeral expenses of any deceased; 1. Subs. by Act 31 of 2000, s. 4, for “the Indian Lunacy Act, 1912 (4 of 1912)” (w.e.f. 25-8-2000). 2. Subs. by Act 20 of 1983, s. 2, and the Schedule (w.e.f. 15-3-1984). 6 ----- (c) provide for the constitution of the Committee of Adjustment or any Standing Committee of Adjustment under this Act; (d) specify the person who shall be regarded as the prescribed person for the purposes of this Act; (e) prescribe the circumstances in which the estate of any deceased shall be handed over to the Administrator General; (f) prescribe the form and manner in which a notice under section 8 shall be published; _(g) prescribe the procedure by which any person may be ascertained to be of unsound mind._ 1[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **17. [Repeals.]—Rep. by the Repealing and Amending Act,** 1957 (36 _of 1957),_ _s. 2_ _and the_ _First Schedule._ _______ 1. For the Army and Air Force (Disposal of Private Property) Rules, 1953, see Gazette of India, 1953, Part II, s. 4. 7 -----

10-May-1950

42

The Ajmer Tenancy and Land Records Act, 1950

https://www.indiacode.nic.in/bitstream/123456789/1796/3/A1950-42.pdf

central

THE AJMER TENANCY AND LAND RECORDS ACT, 1950 # _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Repeal. 3. Savings. 4. Definitions. 5. Power of landlord and tenant to act through agent. CHAPTER II PRIMARY RIGHTS 6. Primary rights of tenant. 7. Prohibition of certain acts. 8. Prohibition against deprivation of certain rights. 9. Certain rights of landlord. CHAPTER III _Niji jot_ 10. Definition. 11. Application for demarcation. 12. Order of demarcation of niji jot. 13. Demarcation. 14. Status of tenant of niji jot. 15. Succession to niji jot. 16. Collector’s powers to let to tenants. CHAPTER IV CLASSES OF TENANTS 17. Classes of tenants. 18. Occupancy tenants. 19. Exproprietary tenants. 20. Acquisition of exproprietary rights. 21. Relinquishment of exproprietary rights. 22. Hereditary tenants. 23. Land in which hereditary rights shall not accrue. 24. Non-occupancy tenants. 1 ----- CHAPTER V DEVOLUTION, TRANSFER, EXTINOTION, DIVISION, EXCHANGE AND ACQUISITION _Devolution and transfer of tenancies_ SECTIONS 25. Interest of a tenant, if heritable and transferable. 26. Prohibition against certain kind of transfer or sub-lease. 27. Right to sub-let. _Extinction of tenancies_ 28. Tenancy, when extinguished. 29. Life tenancy of female, when extinguished. 30. Rights of sub-tenant on extinction of tenant’s interest. 31. Vacating of holding on extinction of right. 32. Possession of land not vacated. _Division, exchange and acquisition of holdings_ 33. Division of holdings. 34. Co-tenant’s right to claim division of produce. 35. Right of tenant in land received in exchange. 36. Exchange of land for consolidation of cultivated area. 37. Acquisition of land by the landlord for certain purposes. 38. Decision of certain disputes arising out of acquisition proceedings. 39. Reinstatement of tenant ejected under section 37. 40. Acquisition of proprietary right by tenant. CHAPTER VI GENERAL PROVISIONS RELATING TO TENANCIES _Leases_ 41. Right to written lease and procedure to obtain it. 42. Registration of leases. _Declaration of rights_ 43. Declaration of rights in certain cases. _Improvements_ 44. Right of certain tenants to make improvements. 45. Right of non-occupancy tenants to make improvements. 46. Right of landlord to make improvement. 47. Provision when both landlord and tenant want to make the same improvement. 48. Restrictions on making improvement. 49. Compensation for improvement, when permissible. 50. Determination of compensation. 2 ----- SECTIONS 51. Works benefiting other land. 52. Disputes as regards improvements. _Trees_ 53. Right of tenant paying fixed money rent to plant tree. 54. Right of a tenant paying batai or bighori to plant tree. 55. Tenant’s rights in tree existing at the commencement of the Act. 56. Decision of disputes regarding trees. _Surrender and abandonment_ 57. Surrender by tenant. 58. Abandonment. 59. Taking possession of holding surrendered or abandoned. 60. Dispute arising out of surrender and abandonment of land. CHAPTER VII PREMIA AND OTHER LEVIES 61. Acceptance of premium; how far permissible. 62. Lag, neg and cess. CHAPTER VIII RENT AND ITS RECOVERY PART I—Basic rent of tenants 63. Liability for payment of rent. 64. Scale of rent for different classes of tenants. 65. Status and liability of person permitted to retain possession. PART II—Payment and recovery of rent General provisions 66. Hypothecation of produce towards payment of rent. 67. Procedure when produce is attached by civil or revenue court. 68. Right of landlord to collect rent from cultivator. 69. No cartage allowed. 70. Presumption as to payment by tenant and application of such payment. 71. Modes of making payment of money rent. 72. Right to get receipt. 73. Penalty for not issuing proper receipt. 74. Obligation of Chief Commissioner to print and supply books of receipt. 75. Penalty for non-production of receipt book with counterfoils. 76. Rights and liabilities in respect of produce. 77. Application for officer to make division. 78. Application for kuta. 79. Procedure on application. 3 ----- SECTIONS 80. Collector to publish return of current prices. 81. Assessment of bighori by court. 82. Commutation of batai rent into bighori in certain cases. 83. Payment of commuted rent. _Arrears_ 84. Rent when and how payable. 85. Claim for arrears of rent. 86. Interest in cases of arrears of rent. 87. Landlord’s power to charge irrigation dues. 88. Method of recovering sayar. 89. Realisation of sayar as arrears of revenue. PART III—Emergency provision 90. Recovery of arrears in the event of general refusal to pay. PART IV—Payment of revenue by biswadars to jagirdars and muafidars 91. Application of certain sections to biswadars. CHAPTER IX EJECTMENT OF TENANTS _General_ 92. Arrears deemed satisfied when tenant is ejected. 93. Decree for arrears, how executed. 94. Adjustment of arrears and compensation on ejectment. 95. Entry of landholder on land from which tenant is ordered to be ejected. _Grounds of ejectment_ 96. Grounds of ejectment. 97. Special grounds of ejectment of non-occupancy tenants. 98. Procedure in ejectment for decreed arrears. 99. Procedure for ejectment on other grounds. 100. Application for ejectment of non-occupancy tenant. 101. Procedure on application. _Remedies for wrongful ejectment_ 102. Remedies for wrongful ejectment. 103. Procedure on application. _Ejectment of person occupying land without title_ 104. Ejectment of person occupying land without title. 105. Procedure on application. 106. Consequences of failure to file application under section 102 or 104. 107. No separate relief claimable, if not claimed in revenue court. 4 ----- CHAPTER X COMPENSATION AND PENALTIES SECTIONS 108. Tenant’s right to claim inquiry for illegal exaction and other matters. 109. Power to award compensation in proceedings for arrears of rent. 110. Prosecution of landholder for illegal exaction. 111. Compensation for exaction by landholder and for false complaint by tenant. 112. Penalty for habitual infringement of rights of tenant. 113. Penalty for illegal entry on a holding. 114. Compensation, how realisable. CHAPTER XI GRANTS 115. Exemption of muafidar. 116. Interpretation. 117. Grant which cannot be resumed. 118. Grounds on which certain grants may be resumed. 119. How to deal with resumable grant. 120. Application of certain Chapters and sections to grantees. 121. Grants, how far transferable. 122. Void transactions. 123. Power to hear cases of grantees. CHAPTER XII PREPARATION OF RECORD-OF-RIGHTS AND DETERMINATION AND MODIFICATION OF RENT AND RENT-RATES 124. Applicability of Part III. PART I.—Preparation and maintenance of maps and records 125. Power to form and alter Patwaris circles. 126. Appointment of patwaris. 127. Appointment of girdawars. 128. Cadre and pay of girdawars and patwaris. 129. Girdawars and patwaris to be public servants. 130. Maintenance of maps and fieldbooks. 131. Obligation of owners as to boundary marks. 132. Record-of-rights. 133. Contents of certain registers. 134. Registers of revenue-paying, revenue-assigned and revenue-free villages. 135. The annual registers. 136. Obligation to furnish information necessary for compilation of certain record-of-rights. 5 ----- SECTIONS 137. Decision of disputes. 138. Inquiry into cases. 139. Certain decisions, no bar to civil suit. 140. Value of entries and decisions in contested cases. 141. Appointment and punishment of lambardars and patels. PART II. —Record and rent-rate operations and the appointment of officers 142. Record and rent-rate operations. 143. Powers of the record officer, assistant record officer and rent-rate officer. 144. Sanctioned rates. 145. Duration of rent-rates. _Procedure in determining cash rent-rates_ 146. Circle and soil classification. 147. Basis of rates for hereditary tenants. 148. Provision for rates in special cases. 149. Procedure in publishing and sanctioning rates. 150. Civil suit relating to record-of-rights and certain other matters barred. PART III.—Commutation, abatement, enhancement, and determination of rent 151. Commutation of rent from kind to cash. 152. Commutation of rent from cash to kind. 153. Grounds of abatement of fixed money rent. 154. Ground of enhancement of fixed money rent. 155. Order for determination, commutation or variation of rent, when to take effect. 156. Joinder of parties in cases relating to variation of rent. 157. Determination of rent on partial ejectment. 158. Rent, how calculated for commutation, variation or determination. 159. Meaning of “substantial” in certain sections. 160. Basis of variation of rent in certain cases. 161. Period for which rent is not liable to modification. 162. Applications for variation of rent, by whom to be entertained. CHAPTER XIII EXTRAORDINARY AND EMERGENCY PROVISIONS 163. Provision of rent and revenue in an emergency. 164. Remission or suspension of rent in agricultural calamities. 165. Bar to collection of rent remitted or suspended. 166. Period of suspension to be excluded in computing period of limitation. 167. Remission for calamity by court decreeing claim for arrears. 6 ----- SECTIONS 168. Jurisdiction of certain courts excluded in cases of remission and suspension of rent or revenue. CHAPTER XIV PROCEDURE AND JURISDICTION OF COURTS _General provisions_ 169. Cases cognizable by revenue courts. 170. Procedure of revenue courts. 171. Application of Indian Limitation Act, 1908. 172. Limitation in cases under this Act. 173. Payment of court-fees under this Act. _Subordination of courts_ 174. Subordination of courts. _Powers of courts and places for holding courts_ 175. Place of sitting of revenue courts. 176. Chief Commissioner’s power to confer powers. 177. Collector’s power to place assistant commissioner in charge of sub division. 178. Collector’s powers to authorise certain courts to entertain and dispose of applications. 179. Powers of revenue courts to refer cases for investigation and report. 180. Powers of Chief Commissioner to create shamlat committee and courts. _Confirmation of orders_ 181. Decree or order to be final in certain circumstances. 182. Submission to confirming court. 183. Form of decree or order to be submitted for confirmation. 184. Procedure for confirmation. _Review_ 185. Review by the Chief Commissioner. 186. Review by other courts. _Revision_ 187. Revision. _Transfer of cases_ 188. Power to transfer cases. 189. Power of collector to transfer and withdraw cases. 190. Sub-divisional officer’s power to transfer cases. 191. Power of record officer to transfer and withdraw cases. 192. Transfer of cases by the district judge. _Question of proprietary right in revenue court_ 193. Dispute as regards ownership of land. 7 ----- SECTIONS 194. Procedure when plea of proprietary right raised in revenue court. _Question of tenancy right in civil courts_ 195. Procedure when plea of tenancy raised in civil court. _Conflict of jurisdiction_ 196. Reference to Judicial Commissioner. CHAPTER XV MISCELLANEOUS PROVISIONS 197. Provision for injunction and appointment of receiver. 198. Cases in which legal practitioners may appear. 199. Persons who may appear before a revenue court. 200. Costs in revenue courts. 201. Power of revenue court to summon persons. 202. Mode of service of summons or notice. CHAPTER XVI POWER TO MAKE RULES 203. Power to make rules. CHAPTER XVII TRANSITIONAL PROVISIONS 204. Reinstatement of tenant ejected before commencement of this Act. 205. Provision for pending and other cases. THE FIRST SCHEDULE. THE SECOND SCHEDULE. 8 ----- # THE AJMER TENANCY AND LAND RECORDS ACT, 1950 ACT NO. 42 OF 1950 [10th May, 1950.] # An Act to declare and amend the law relating to agricultural tenancies, record-of-rights and certain other matters in Ajmer. BE it enacted by Parliament as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Ajmer Tenancy and** Land Records Act, 1950. (2) It extends to the whole of the State of Ajmer. (3) It shall come into force at once, except Part III of Chapter XII which shall come into force on such date as the Chief Commissioner may, by notification in the Official Gazette, appoint in this behalf. **2. Repeal.—(1) The Ajmer-Merwara Agrarian Relief (Second) Ordinance, 1949 (30 of 1949), is** hereby repealed. (2) When this Act or any portion thereof comes into force in Ajmer, so much of any Act, Regulation or notification in force therein, or any condition of a jagir or istimrari sanad, as is inconsistent with this Act or with such portion, shall be deemed to have been repealed or superseded by this Act or by such portion, as the case may be. **3. Savings.—Any rule, notification, proclamation and order issued, authority and power conferred,** lease granted, right acquired, liability incurred, rent fixed, and any other thing done under any Act, Ordinance, Regulation or notification, or under any jagir or istimrari sanad, as the case may be, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been respectively issued, conferred, granted, acquired, incurred, fixed and done under this Act. **4. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—** (1) all words and expressions used to denote the possessor of any right title or interest, whether the same be proprietary or otherwise, shall be deemed to include the predecessors and successors in right, title or interest of such person; (2) “agricultural year” means the year commencing on the first day of June and ending on the thirty-first day of May next following; (3) “agriculturist” means a person who earns his livelihood wholly or principally— (a) by the cultivation of land personally, or through servants or by hired labour, or (b) as artisan or field-labourer, paid in cash or kind for work connected with agriculture, and includes— (i) a landlord whose interest in the stable land of the village does not exceed 120 acres, and (ii) a tenant who sub-lets his land in accordance with the provisions of this Act; _Explanation.—An agriculturist who, without any intention of changing his profession as such,_ temporarily ceases to so earn his livelihood, or who if prevented from so earning his livelihood by age or bodily infirmity, or by absence due to service in the military, naval or air forces of India, or by confinement in prison, does not thereby cease to be an agriculturist; (4) “assistant commissioner” includes an additional assistant commissioner and an extra assistant commissioner; (5) “batai” means division of the produce on the threshing-floor; 9 ----- (6) “bighori” means money rent per bigha of land;(7) “biswadar” means— (a) any person who is recorded as plot-proprietor in the settlement _khewat of 1874 and is_ continuously so recorded since, or who, but for an error or omission, would have been so continuously recorded; or (b) any member of the proprietary body who becomes an owner of land under section 7 of the Ajmer Land and Revenue Regulation, 1877 (2 of 1877), or (c) any person who becomes, or is declared, a biswadar under the provisions of this Act, and includes a person admitted to the occupation of land under a lease guaranteeing hereditary rights of ownership and enjoyment on condition of his permanently developing such land by sinking a well or otherwise, and who accordingly developed such land and was, before the commencement of this Act, recorded as plot proprietor thereof in the khewat; (8) “cess” means a cess declared payable under sub-section (2) of section 62; (9) “collector” means the collector of Ajmer or any other office appointed by the Chief Commissioner to discharge the functions of a collector under this Act, and includes an additional collector; (10) “confirming court” means a court to which the record of a case is submitted in accordance with the provisions of this Act for confirmation of any decree or order passed therein; (11) “decree” means an order which is drawn up in the form of a decree as prescribed; (12) “holding” means a parcel or parcels of land held under one lease, engagement or grant or, in the absence of such lease, engagement or grant, under one tenure, and in section 26 includes a well on a holding; (13) “improvement” means, with reference to a tenant’s holding,— (i) a dwelling house erected on the holding by the tenant for his own occupation, or a cattle shed, or a store-house or any other construction for agricultural purposes, erected or set up by him on his holding, and (ii) any work which adds materially to the value of the holding and is consistent with the purpose for which it was let, and which, if not executed on the holding, is either executed directly for its benefit or is, after execution, made directly beneficial to it, and, subject to the foregoing provisions of this clause, includes— (a) the construction of a well, water channel, and other work for the supply or distribution of water for agricultural purposes, (b) the construction of any work for the drainage of land, or for the protection of land from floods, or from erosion or other damage by water, (c) the reclaiming, clearing, enclosing, levelling, or terracing of land, (d) the erection in the immediate vicinity of the holding, otherwise than on the village site, of a building required for the convenient or profitable use or occupation of the holding, (e) the construction of a tank or other work for the storage of water for agricultural purposes, and (f) the renewal or reconstruction of any of the foregoing works, or such alterations therein, or additions thereto, as are not of the nature of mere repairs: Provided that such clearance, water channel, levelling, embankment, enclosure, temporary well or other work as is made in the ordinary course of cultivation and without incurring any special expenditure shall not be deemed to be an improvement; _Explanation.—A work which benefits several holdings may be deemed to be an_ improvement with respect to each of such holdings; 10 ----- (14) “istimrari estate” means an estate in respect of which an _istimrari sanad has been granted_ by the Chief Commissioner before the commencement of the Ajmer Land and Revenue Regulation, 1877 (2 of 1877); and “istimrardar” means the person to whom such sanad has been granted, or any other person who becomes entitled to the istimrari estate in succession to him in accordance with the provisions of the said Regulation; (15) “jagirdar” means a person to whom the revenue of any land has been assigned under a sanad issued by the Chief Commissioner before the commencement of the Ajmer Land and Revenue Regulation, 1877; (16) “khudkasht” means land cultivated by a proprietor as such, either himself, or by servants or by hired labour; (17) “kuta” means an estimate or appraisement of the standing crop; (18) “lag” means— (a) a levy in cash imposed on a tenant— (i) on the occasion of a ceremony in the family of the landlord or the tenant, or (ii) by way of tax on a well or plough or as fee for settlement of rent accounts; or (b) any other levy in cash over and above the rent payable by a tenant, but does not include a fee specified in the First Schedule or an assessment leviable, or a local rate payable under any law for the time being in force in the State; (19) “land” means land which is let or held for the raising of crops or garden produce, or for purposes subservient thereto, and includes land covered by water used for the purpose of growing _singhara or other producer but does not include land for the time being occupied by a building or_ appurtenant thereto, other than a building which is an improvement; (20) “landholder” means the person to whom rent is, or, but for a contract, express or implied, would be, payable, and includes _shamlat_ committee created or recognised under the provisions of section 180; (21) “landlord” means the proprietor of a village, or of a share or specified plot therein, and includes— (i) in case of land in respect of which an _istimrari sanad has been granted, any person by_ whom an estate, a village, or a portion of an estate or village is held, whether under a separate engagement to pay revenue or otherwise; (ii) a jagirdar; and (iii) a trustee, a manager, a superintendent, a _mutawalli, or a body of persons appointed to_ administer a religious endowment, a trust, or waqf property, or the shamlat deh land of a village; _Explanation.—In clauses (20) and (21), the word “landholder” or “landlord” shall include—_ (i) a mortgagee with possession, (ii) a lessee of proprietary right, and (iii) in case of property of which superintendence has been assumed by the Court of Wards under section 6 of the Ajmere Government Wards Regulation, 1888 (1 of 1888) or which has been attached under section 82 of the Ajmere Land and Revenue Regulation, 1877 (2 of 1877), the collector; (22) “lease” includes the counterpart of a lease; (23) “legal practitioner” means any person who is, for the time being enrolled as an advocate or pleader by the Judicial Commissioner of Ajmer; 11 ----- (24) “minor” means a person who, under section 3 of the Indian Majority Act, 1875 (9 of 1875), has not attained majority; (25) “muafi” means a definite portion of land held revenue-free under a sanad issued by the Chief Commissioner, and a “muafidar” means the holder of such muafi; (26) “neg” means— (a) a levy in kind imposed on a tenant as— (i) seri, sawai-batti or any other kind of levy made on the division of the produce of a holding, or (ii) kasas (dishes) of food or sweetmeats given on the occasion of marriage or any other ceremony or the money equivalent thereof; or (b) any other levy in kind over and above the rent payable by a tenant; (27) “order” means the formal expression of a decision of any authority under this Act; (28) “parabund-barani” means enclosed low lying land, the cultivation of which depends on the rainfall and the silt deposited thereon by the inflow of water from the catchment area; (29) “pay”, “payable” and “payment”, when used with reference to rent, include “deliver”, “deliverable” and “delivery”; (30) “prescribed” means prescribed by rules made under this Act; (31) “produce of a holding” means a crop or any other produce of the land standing on the holding, or which has been grown on the holding and has been reaped or gathered, and is deposited on the holding or on a threshing floor; (32) “State” means the State of Ajmer; (33) “rent” means whatever is paid or payable in money or kind, or partly in money and partly in kind, by a tenant on account of the use or occupation of land held by him; (34) “registered” means registered under any law for the time being in force for the registration of documents; (35) “revenue court” means all or any of the following authorities when acting under this Act or any rule made thereunder, namely,— (i) the Chief Commissioner, (ii) the collector, (iii) a record officer, an assistant record officer and a rent-rate officer, (iv) a sub-divisional officer, (v) an assistant commissioner, (vi) a tahsildar, (vii) a naib-tahsildar empowered by the collector under clause (b) of section 178, and (viii) a person or a body of persons invested with powers to hear and dispose of cases under clause (a) or (b) of section 180; (36) “revenue” means land revenue; (37) “sayar” means whatever is payable by a lessee or licensee on account of the right of gathering produce, forest rights, fisheries or the use of water for irrigation from artificial sources; and includes a fee specified in the First Schedule; (38) “stable land” means land which, because of facilities of irrigation, quality of the soil or other advantages, is capable of being regularly cultivated, and is demarcated as stable land by the rent-rate officer, or any other authority, appointed for the purpose, and, subject to the foregoing provisions, includes— 12 ----- (i) land in the bed of a tank or nadi which dries up in time for the rabi sowing, and (ii) mal, _gormia or parabund-barani:_ Provided that, until such time as demarcation is made, the provisions regarding demarcation shall not be deemed to be a part of this clause; _Explanation.—A land which is capable of being regularly cultivated shall not cease to be so_ regarded if, in any year, it has been left fallow, or could not be cultivated on account of failure of rainfall or for any other reason; (39) “sub-tenant” means a person who holds land from the tenant thereof, or from a rent-free grantee, or from a grantee at a favourable rate of rent, and by whom rent is, or, but for a contract express or implied, would be, payable; (40) “tenant” means a person who holds land of another person and is, or, but for a contract express or implied, would be, liable to pay rent for such land to such other person and, except when a contrary intention appears, includes a sub-tenant, but does not include— (a) a person to whom a tenancy holding is transferred otherwise than under the provisions of this Act, (b) except as otherwise provided, a rent-free grantee, a grantee at a favourable rate of rent or a holder of village service grant, and (c) a person to whom only the right to cut grass or to graze cattle is granted, whether with or without consideration; and (41) “year of settlement” means, with reference to any area of the State, any year or period between November 1940 and June 1947 during which the record or settlement operations were in force in such area. **5. Power of landlord and tenant to act through agent.—Anything which is by this Act required or** permitted to be done by a landlord or a tenant may be done by his authorised agent, and, in the absence of evidence of a contrary intention, in dealings between a landlord and a tenant such agent shall be deemed to be acting under the authority of his principal: Provided that, except as provided in section 198, a legal practitioner or his clerk or employee, or a petition-writer shall not act as authorised agent of such landlord or tenant. _Explanation.—In this section “authorised agent” includes a kamdar of a jagirdar or istimrardar._ CHAPTER II PRIMARY RIGHTS **6. Primary rights of tenant.—A tenant, other than a sub-tenant, shall have a right—** (i) subject, in the case of clause (a), or (b), to the provisions of the First Schedule and to the payment of fee, if any, specified therein— (a) to possess, in the village in which his holding is situated, a site on which he may build one residential house for himself and his family and, when necessary, to repair and rebuild it, to sell the materials of such house and, with the written consent of the landlord, to transfer the right of residence therein to any tenant of such village; _Explanation.—In this clause ‘residential house’ shall include a cattleshed, and a store-house_ for stocking fodder, manure and agricultural implements. (b) to use the waste-land of the village for grazing and, pasturing his cattle and other domestic animals and for threshing corn; (ii) when rent is paid by _batai or bighori, to allow only prescribed weights and measures to be_ used for determining such rent; and 13 ----- (iii) where in any area _bighori is charged at customary rate, to grow cotton at such rate on not_ more than one-fourth of the irrigable area of his holding. **7. Prohibition of certain acts.—(1) A tenant shall not be—** (i) ejected from his holding otherwise than in accordance with the provisions of this Act; or (ii) evicted from his residential house, other than a house which is an improvement, merely because he has surrendered, or has been ejected from his holding in the village; or (iii) compelled to render any service, or to allow the use of his cattle or agricultural implements, to his landholder, with or without remuneration. (2) The provisions of this section and of sections 6 and 62 shall, so far as they are applicable, apply to a rent-free grantee, a grantee at a favourable rate of rent, a holder of village service grant, and an artisan or a village-workman paid in cash or kind, for work connected with agriculture as they apply to a hereditary tenant. **8. Prohibition against deprivation of certain rights.—(1) Notwithstanding any custom or contract** to the contrary, every lease or agreement between a land-holder and a tenant, whether made before or after the commencement of this Act, which purports, or would operate, to prohibit or restrict a tenant from acquiring, exercising or enforcing any right conferred on, or secured to, him by this Act, shall be void to the extent of such prohibition or restriction. (2) When land, not previously cultivated, has been reclaimed by, or at the expense of, the landholder and let to a tenant, or has been let to a tenant in order that it should be reclaimed by him or at his expense, then for a period of twelve years after such land was let, nothing in sub-section (1) shall be construed as affecting any condition of a contract which relates to payment of rent or to enhancement, abatement or variation of rent of such land, or which provides that, during any period for which such land is to be held free of rent or on favourable terms, the tenant is liable to ejectment for breach of any such condition. _Explanation.—When land has remained uncultivated for a period of five years, it shall, for the_ purposes of sub-section (2), be deemed to be land not previously cultivated. **9. Certain rights of landlord.—Subject, in case of clause (iii), to the conditions of an** _istimrari_ _sanad and to the provisions of any law for the time being in force, a landlord shall have a right—_ (i) where in any area _bighori is charged at customary rate and cotton is grown on more_ than one-fourth of the irrigable area of the holding of a tenant, to charge rent on the land in excess of the one-fourth area on which cotton is grown at a rate specified in the second proviso to section 64; (ii) at all reasonable times, to enter, or depute his servant, agent or surveyor to enter, upon any land comprised in his estate for the purpose of surveying and measuring such land or for any other lawful purpose; and (iii) if he has a proprietary interest in an istimrari estate, to open of work a mine or grant a lease for the purpose, or to undertake, or to issue a licence to any other person to undertake, prospecting work for discovering new sources of supply of minerals. CHAPTER III _Niji jot_ **10. Definition.—Niji jot means khudkasht demarcated under the provision of this Chapter.** **11. Application for demarcation.—(1) If, at the commencement of this Act, the proprietor of a** village or a part thereof or a specific area therein, was cultivating any land as khudkasht, he may, within six months of such commencement, apply to the sub-divisional officer for demarcation of such khudkasht a niji jot. (2) With his application, the applicant shall file a list, giving the area and survey number or other description of the khudkasht to be so demarcated and such other particulars as may be prescribed. 14 ----- **12. Order of demarcation of** **_niji jot.—(1) On the receipt of such application the sub-divisional_** officer shall issue a proclamation calling upon all persons who claim an interest in such land to file objections, if any, within the period specified in such proclamation. (2) If, after hearing the objections, if any, and making such further inquiry as he deems fit, the sub-divisional officer is satisfied that the land to be demarcated as niji jot has been held by the applicant as his khudkasht since the agricultural year beginning on the first day of June, 1948, he shall pass an order for the demarcation of such land as niji _jot and submit the record of the case for confirmation of the order_ passed by him to the collector. **13. Demarcation.—The sub-divisional officer shall have the demarcation made on the spot and shall** prepare and place on record a map, indicating the plots demarcated as niji jot. **14. Status of tenant of** **_niji jot.—A landlord may let his_** _niji jot subject to the same restrictions as_ apply to sub-letting by a hereditary tenant under section 27: Provided that if such landlord lets his land which is niji jot in contravention of the provisions of this section, such land shall cease to be _niji jot and the person to whom the land is so let shall become_ hereditary tenant thereof. **15. Succession to niji jot.—On the death of the holder of niji jot, the niji jot rights shall devolve in** accordance with the law which regulates the succession of proprietary right in such land. **16. Collector’s powers to let to tenants.—If the collector is satisfied that the landlord of an estate or** village, without good reason, keeps large areas of his _niji jot and other culturable land uncultivated, or_ that an emergency has arisen for bringing under cultivation land which has not been previously cultivated or, if previously cultivated, has remained uncultivated for more than three years, he may, (i) with the previous sanction of the Chief Commissioner, take possession of such land, and (ii) notwithstanding anything to the contrary contained in this Act, allot it for cultivation on such terms and conditions as may be prescribed, and the person to whom the land is so allotted shall, unless he is the landlord at such land, be deemed to have been admitted as tenant within the meaning of clause (b) of section 22: Provided that, while giving his sanction under clause (i), the Chief Commissioner may exempt from its operation any land which is used as pasture land or threshing-floor, or for some other purpose for the benefit of the public. CHAPTER IV CLASSES OF TENANTS **17. Classes of tenants.—There shall be, for the purposes of this Act, the following clauses of tenants,** namely,— (a) occupancy tenants; (b) exproprietary tenants; (c) hereditary tenants; and (d) non-occupancy tenants. **18. Occupancy tenants.—Every person—** (a) other than a person to whom the provisions of section 7 of the Ajmer Land and Revenue Regulation, 1877 (2 of 1877) apply, who, before the commencement of this Act, was admitted to the occupation of land and who has, before such commencement, sunk a well, reclaimed or otherwise developed such land, or (b) who was recorded in the year of settlement as tenant with a permanent right of tenancy (mazara-i-mustaqil) and has continued in possession since, shall be called an occupancy tenant. 15 ----- **19. Exproprietary tenants.—Every person who—** (a) is, at the commencement of this Act, an exproprietary tenant in accordance with the provisions of the Ajmer Land and Revenue Regulation, 1877 (2 of 1877), or (b) acquires exproprietary rights in accordance with the provisions of this Act, shall be called an exproprietary tenant. **20. Acquisition of exproprietary rights.—(1) If the whole of the interest of a sole proprietor of a** village or of a specific area thereof is transferred, either by foreclosure or sale in execution of a decree or order of a civil or revenue court, or by voluntary alienation, otherwise than (a) by gift or (b) by exchange of specific areas between co-sharers of the village, he shall become an exproprietary tenant of the whole of his khudkasht in such village or area which he has cultivated continuously for three years or more at the date of such transfer, and shall be entitled to hold the same at a rate payable by an exproprietary tenant under sections 63 and 64. (2) If a part only of the interest of a sole proprietor of a village or of a specific area thereof is so transferred, or where there are two or more co-sharers in the proprietary interest of a village or of specific area thereof, and such transfer relates to the whole or part of the proprietary interest of some of them, exproprietary rights shall accrue in so much of khudkasht so cultivated as appertains or corresponds to the part of the interest so transferred and, unless by mutual agreement the transferor and the transferee have demarcated the area in which exproprietary rights have accrued, and fixed the rent, not higher than the rent specified in sections 63 and 64, the sub-divisional officer shall, in the course of mutation proceedings or, if more convenient, in a separate proceeding, started on his own motion, or on the application of the exproprietary tenant or the landlord, or on the report of the patwari, demarcate such area and declare the rent in accordance with the provisions of sub-section (1). (3) A mortgage shall be deemed to be a voluntary alienation within the meaning of sub-section (1), if it has the effect of transferring proprietary possession of the land mortgaged from the mortgagor to the mortgagee but not otherwise. (4) Notwithstanding anything in sub-section (1), (2) or (3), exproprietary rights shall not accrue in grove-land, or in land transferred for any purpose inconsistent with the existence of a right of cultivation therein. (5) After disposing of the case for demarcation of the exproprietary area and declaration of rent thereon under sub-section (2), the sub-divisional officer shall submit the record of the case for confirmation of the order passed by him to the collector. **21. Relinquishment of exproprietary rights.—(1) Save as otherwise provided in sub-section (2), an** agreement for the relinquishment of exproprietary rights shall be void, whether such agreement was entered into before or after such rights accrued. (2) Notwithstanding anything contained in the first proviso to section 57, where the land transferred by mortgage of the kind specified in sub-section (3) of section 20 consists wholly of a specific area of _khudkasht of three or more years, the mortgagor may, by simultaneous agreement in writing, waive his_ exproprietary rights, and in that case the mortgaged land shall, if the mortgagor redeems the mortgage within ten years of the date of the transfer, be restored to him unencumbered with any tenancy rights. **22. Hereditary tenants.—Subject to the provisions of section 23, every person who—** (a) is, at the commencement of this Act, a tenant of land, not being an exproprietary tenant, an occupancy tenant or a sub-tenant, or (b) is, after the commencement of this Act, admitted as a tenant otherwise than as a sub-tenant, or otherwise than as a tenant to whom niji jot is let in accordance with the provisions of section 14, or (c) under the provisions of this Act, acquires hereditary rights, shall be called a hereditary tenant. _Explanation.—For the purposes of this section, the word “sub-tenant” shall not include a person who_ holds land from a relation, dependant or servant of the landholder or, in an estate mentioned in the Second Schedule, from a transferee of an interest in a holding or part thereof, whether the transfer was made 16 ----- before or after the commencement of this Act, unless such relation, dependant, servant or transferee proves to the satisfaction of the court that he is a genuine tenant of such land or such holding or part thereof. **23. Land in which hereditary rights shall not accrue.—Notwithstanding anything in this Act,** hereditary rights shall not accrue in— (i) unstable land, or (ii) grove-land, pasture-land, _bir,_ or land, covered by water, used for the purpose of growing _singhara or other produce, or_ (iii) land used for casual or occasional cultivation in the bed of a river or a stream, or (iv) land acquired or held for a public purpose or for a work of public utility, or (v) the khudkasht of a landlord who is serving in the military, naval or air forces of India, so long as he remains in such service and for two years after the cessation of such service: Provided that where there are several co-sharers in such khudkasht and not all of them are in such service, the provisions of this clause shall apply only when the co-sharers who are not in such service belong to one or more of the following classes, namely, females, minors, lunatics, idiots or persons incapable of cultivating by reason of blindness or physical infirmity, or confinement in prison. **24. Non-occupancy tenants.—All tenants other than occupancy tenants, exproprietary tenants and** hereditary tenants shall be non-occupancy tenants. CHAPTER V DEVOLUTION, TRANSFER, EXTINCTION, DIVISION, EXCHANGE AND ACQUISITION _Devolution and transfer of tenancies_ **25. Interest of a tenant, if heritable and transferable.—The interest of an occupancy tenant, an** exproprietary tenant, a hereditary tenant find a non-occupancy tenant is heritable, but is not transferable, otherwise than by sublease as hereinafter provided, or by transfer or surrender to a co-tenant. **26. Prohibition against certain kind of transfer or sub-lease.—(1) No tenant shall sub-let, or** otherwise transfer, the whole or any portion of his holding in consideration of a debt, whether reserving or not reserving rent to be paid periodically. (2) No sub-tenant shall sub-let the whole or any portion of his holding. **27. Right to sub-let.—(1) Subject to the provisions of section 26 and sub-sections (2) to (4) of this** section, a tenant may sub-let the whole or any portion of his holding. (2) No occupancy, exproprietary or hereditary tenant shall sub-let the whole or any portion of his holding— (a) to a person other than an agriculturist, or (b) for a term exceeding three years: Provided that a period of not less than three years shall intervene between the expiry of one sub lease and the beginning of the next sub-lease. (3) No non-occupancy tenant, other than a sub-tenant, shall sub-let the whole or any portion of his holding for a term exceeding one year. (4) The rent payable by a sub-tenant to an occupancy, an exproprietary, a hereditary or a non-occupancy tenant shall be an amount not exceeding one and one-fifth of rent payable by such tenant to his land-holder: Provided that the restrictions imposed by clause (b) of sub-section (2) on sub-letting of a holding or portion thereof shall not apply when the lessor is a female, a minor, a lunatic, an idiot, or a person 17 ----- incapable of cultivating by reason of blindness, or any physical infirmity, or service in the military, naval or air forces of India, or confinement in prison: Provided further that, in the case of a holding held jointly by more persona than one, the provisions of the first proviso shall not apply unless all such persons belong to one or more of the categories specified therein. _Extinction of tenancies_ **28. Tenancy, when extinguished.—The interest of a tenant in his holding or part thereof, as the case** may be, shall be extinguished— (a) when he dies, leaving no heir entitled to inherit; or (b) when his ejectment is ordered; or (c) subject to the provisions of sections 57 and 58, when he surrenders or abandons the holding; or (d) when his land is acquired under the Land Acquisition Act, 1894 (1 of 1894); or (e) when he is deprived of possession of his holding otherwise than in accordance with the provisions of this Act and has not applied for recovery of possession within the period of limitation specified in section 102 or 104, as the case may be; or (f) when the mortgage referred to in section 21 has been redeemed by the mortgagor as provided in that section; or (g) when he acquires, or succeeds to, the entire proprietary right in his holding, or where the holder of the entire proprietary right over a holding inherits or otherwise acquires the tenancy rights in such holding: Provided that no order of ejectment which is submitted for confirmation under the provisions of this Act shall extinguish the tenancy, until such order has become final. **29. Life tenancy of female, when extinguished.—Notwithstanding anything contained in section 28,** the surrender of her holding by a female tenant with life interest shall not extinguish her tenancy, unless such surrender is made with the written consent of nearest reversioner. **30. Rights of sub-tenant on extinction of tenant’s interest.—(1) Subjects to the provisions of** sub-section (2), the extinction of the interest of a tenant shall operate to extinguish the interest of any sub-tenant holding under him. (2) When the right of a tenant in any land is extinguished under the provisions of clause (g) of section 28 the sub-tenant, if any, of such land shall become a hereditary tenant. **31. Vacating of holding on extinction of right.—Except as otherwise provided in this Act, when the** interest of a tenant or sub-tenant is extinguished he shall vacate his holding, but shall have, in respect of the removal of any crop the same rights as a tenant would have upon ejectment in accordance with the provisions of this Act. **32. Possession of land not vacated.—(1) If a sub-tenant, to whom the provisions of section 31 apply,** does not vacate the holding, the person entitled to possession of such holding shall, on application to the _tahsildar be put in possession thereof._ (2) The _tahsildar shall, after deciding the dispute, if any, arising between the parties, submit the_ record of the case for confirmation of the order passed by him to the sub-divisional officer. _Division, exchange and acquisition of holdings_ **33. Division of holdings.—(1) A division of a holding shall be effected—** (a) by agreement between the co-tenants; or (b) by the order of the tahsildar, passed on an application under this section by a co-tenant against the others and the landholder: 18 ----- Provided that no such agreement shall be binding on the landholder, unless he agrees thereto in writing: Provided further that no such application shall be entertained if, as a results of division, the area of the share of a co-tenant is reduced to less than ten acres. (2) If the holding to be divided is assessed to fixed money rent, the division shall be accompanied by the distribution of rent payable in respect of each portion of the holding so divided. (3) After deciding the case, the tahsildar shall submit the record of the case for confirmation of the order passed by him to the sub-divisional officer. **34. Co-tenant’s right to claim division of produce.—(1) In case of a holding to which the second** proviso to sub-section (1) of section 33 applies, the _tahsildar may, on the application of a co-tenant,_ specify the share of such co-tenant in the produce of such holding and depute an officer to divide the produce in accordance with the provisions of sub-sections (2) to (3) of section 77 which shall, _mutatis_ _mutandis, apply to such proceedings._ (2) The order of the tahsildar under sub-section (2) shall not affect the right of a co-tenant to obtain a declaration in respect of his share in such holding under clause (ii) of sub-section (1) of section 43. **35. Right of tenant in land received in exchange.—A landlord may, with the consent of a tenant,** give in exchange land which is not let, for any land held by such tenant, and such tenant shall have the same right in the land so received by him in exchange as he had in the land given in exchange. **36. Exchange of land for consolidation of cultivated area.—(1) A person, who wishes to** consolidate the area which he cultivates, may apply to lie sub-divisional officer to exchange the whole or any portion of such area for land cultivated by another person. (2) If, on receipt of an application under sub-section (2), the sub-divisional officer is satisfied that reasonable grounds exist, he shall grant such application, either in whole or in part, and shall allot to such other person land which is cultivated by the applicant and which is approximately equal in value to, and of the same quality as, the land received by the applicant: Provided that, to such extent as any land to be exchanged is not approximately equal in value and of the same quality, the sub-divisional officer shall award monetary compensation to balance the advantages and disadvantages, collect such compensation as arrears of revenue, and pay it to the persons entitled. (3) After the order passed under sub-section (2) is complied with, each person shall have, in respect of the land which he receives in exchange, the same right as he had in the land which he gives in exchange. (4) No order of exchange shall be passed under this section— (a) in respect of land which is cultivated by a non-occupancy tenant, or is burdened with any lease, mortgage or other encumbrance; or (b) between persons who are not landlords, or tenants of the same landlord, or who do not stand to one another in the relation of landlord and tenant. (5) After deciding the case, the sub-divisional officer shall submit the record for confirmation of the order passed by him to the collector: Provided that, if any area is under record operations, all applications under this section relating to such area shall be filed in the court of the record officer. (6) If the application is decided by the record officer, the record shall be submitted for confirmation of the order passed by him to the Chief Commissioner. **37. Acquisition of land by the landlord for certain purposes.—(1) A landlord may apply to the** collector to acquire for him land held by a tenant for any of the following purposes, namely,— (a) for farming on improved lines; or (b) for making any water-course, reservoir or tank for irrigation purposes; or 19 ----- (c) for opening or working a lime-stone, kankar or other mineral quarry; or (d) for undertaking, or allowing any other person to undertake, prospecting work to discover new sources of supply of mines and minerals; or (e) for the proper working or developing of a mine or mining industry. (2) The landlord shall, in case of an application under clause (a), and may, in case of an application under any other clause, file a list of his plots available in the same or in a neighbouring village, out of which the tenant may make a selection in exchange for the land applied for. (3) On getting such application, the collector shall issue a proclamation calling upon persons who claim any interest in such land, either as proprietor or otherwise, to file objections, if any, within the period specified in the proclamation. (4) If the collector is satisfied that reasonable grounds exist, he shall order the acquisition of the land applied for, or such part thereof as he deems fit settle the question of compensation in accordance with the provisions of sub-sections (5) and (7) and order the ejectment of the tenant from the land acquired. (5) The collector, before passing an order of ejectment under sub-section (4), shall proceed as follows:— (i) if an agreement, which in the opinion of the collector is not unfair is arrived at, he shall give effect to it; and (ii) failing such agreement he shall— (a) in case of an application under clause (a) of sub-section (1), give to the tenant an option to select plots included in the list and allot to him, out of the plots so selected, an area of land approximately equal in value to, and of the same quality as, the land acquired; and (b) in case of an application under clause (b), (c), (d) or (e) of sub-section (1), give to the tenant an option to select plots included in the list, if one is filed under sub-section (2), and allot to him, out of the plots so selected, an area of land approximately equal in value to, and of the same quality as, the land acquired, but if the tenant claims monetary compensation only or if no list is filed under sub-section (2), the collector shall award to the tenant monetary compensation for his interest in such land; and (c) to such extent as the land given in exchange under sub-clause (a) or (b) is not approximately equal in value and of the same quality, award monetary compensation to balance the advantages and disadvantages. (6) If any land is allotted to the tenant under sub-section (5), he shall have the same right in such land as he had in the land from which he is ordered to be ejected. (7) If as a result of an order of acquisition, the interest of any person, other than the tenant of the land to be acquired, is adversely affected, the collector shall award to such person monetary compensation for the loss suffered by such person in consequence of such order. (8) After deciding the case, the collector shall submit the record for confirmation of the order passed by him to the Chief Commissioner. (9) The amount of monetary compensation awarded under this section shall be recovered as arrears of revenue and paid to the person entitled. **38. Decision of certain disputes arising out of acquisition proceedings.—(1) If, in the course of** proceedings under section 37, a question of proprietary right arises, the collector shall decide the dispute and submit the record of the case for confirmation of the order passed by him to the Chief Commissioner: Provided that the collector may, if he deems fit, instead of deciding such dispute, grant to any party a certificate declaring that the matter is fit to be determined by a civil court and dismiss the application for acquisition of land. 20 ----- (2) The person to whom such certificate is granted may, within three months of the grant thereof, institute a suit to establish his right in a court of competent jurisdiction, and such court may, upon the production of such certificate, entertain such suit. (3) Where a party, to whom such certificate has been granted, fails to institute a suit within the time allowed, he shall be deemed to have instituted such suit and lost it. (4) The dismissal of an application under the proviso to sub-section (1) shall be no bar to the entertainment of a second application for acquisition filed by the landlord, if— (i) in the civil suit, instituted under the provisions of the said proviso, the question of proprietary right is determined in his favour; or (ii) in case a certificate to file a suit has been granted to a person other than the landlord, no such suit has been filed within the period allowed under sub-section (2). **39. Reinstatement of tenant ejected under section 37.—(1) When a tenant is ejected under** section 57, he shall, on application made to the sub-divisional officer, be entitled to be reinstated in the land acquired on the conditions specified in sub-section (3), if the person for whom the land was acquired— (a) does not, within two years from the date of such ejectment, use it for the purpose for which it was acquired; or (b) uses it for any other purpose within a period of five years from the date of such ejectment. (2) Such application shall be made— in case of clause (a) of sub-section (1), within six months of the expiry of the period of two years; and in case of clause (b) of sub-section (1), within six months of the land being used for any other purpose. (3) The sub-divisional officer, on receiving such application, shall, if the conditions specified in clause (a) or (b) of sub-section (1) are satisfied, reinstate the ejected tenant in the land acquired with the same rights and liabilities and at the same rate of rent as at the date of ejectment on condition that such tenant, before his reinstatement, restores to the person from whom the land was acquired the land or money or both awarded to him by way of compensation under section 37. (4) After the decision of the case, the sub-divisional officer shall submit the record for confirmation of the order passed by him to the collector. **40. Acquisition of proprietary right by tenant.—(1) If a tenant, other than a non-occupancy tenant,** desires to acquire proprietary right in his holding, he may apply, in the prescribed form, to the collector for acquisition of such right: Provided that no such application shall lie in respect of a part of a holding. (2) On receipt of application under sub-section (1), a notice shall be served on the landlord and a copy thereof shall be affixed in a prominent place in the village, stating that the tenant of such holding has applied for an order of acquisition, and that the landlord or any other person interested in such proceeding may file any objections within one month of the affixation of such notice. (3) The collector, after deciding the objections filed, shall, if he finds the applicant entitled to acquisition, assess the amount of— (a) compensation on account of the holding which shall be twelve times the annual rental value of such holding, calculated at sanctioned rates applicable to hereditary tenants; (b) compensation for any improvement, if any, made by the landlord on such holding; and (c) the revenue payable on such holding in the manner prescribed; and 21 ----- pass an order that, on payment of such compensation within the period allowed by the collector, the tenant shall become the biswadar of his holding and shall be liable to pay the revenue assessed thereon. (4) After the decision of the case, the collector shall submit the record of the case for confirmation of the order passed by him to the Chief Commissioner. (5) The landlord shall, after the tenant has become _biswadar,_ be entitled to claim reduction in the revenue payable by him as prescribed. CHAPTER VI GENERAL PROVISIONS RELATING TO TENANCIES _Leases_ **41. Right to written lease and procedure to obtain it.—(1) The tenant of holding shall be entitled** to receive, from his landholder, a written lease, consistent with the provisions of this Act, drawn up in the prescribed form. (2) If the lease is not issued to the tenant, or it does not contain the particulars required to be stated therein, or contains particulars which the tenant does not accept as correct, he may make an application to the tahsildar and claim the lease in the proper form. (3) Along with his application the tenant shall file three copies of the draft lease in the prescribed form, stating therein all the particulars in accordance with the terms settled between him and his landholder, and shall verify each copy as a plaint. (4) The tahsildar shall, on receipt of the application, issue notice accompanied by a copy of the lease to the landholder to file objections, if any, within the period specified therein. (5) If the landholder appears and admits the correctness of the lease, or, after due service of the notice, does not appear, the tahsildar shall sign and date the lease, put his official seal on it and deliver it to the tenant. (6) If the landholder files an objection, the tahsildar shall decide it, and, if the tenant is entitled to a lease, deliver the lease in the manner provided by sub-section (5). (7) If the lease is delivered to the tenant under sub-section (5) or (6), a true copy thereof shall be furnished to the landholder and a copy of such lease shall be placed on the record of the case. (8) The _tahsildar shall submit the record of the case for confirmation of the order passed by him_ under sub-section (6) to the sub-divisional officer. (9) A lease so delivered shall be deemed to be registered under the Indian Registration Act, 1908 (XVI of 1908) and the terms thereof, in so far as they are consistent with the provisions of this Act, shall be binding on the parties thereto. **42. Registration of leases.—(1) A lease for a period exceeding one year, or from year to year, or for** reclaiming any land shall be made by a registered instrument only. (2) Notwithstanding anything contained in sub-section (1), the parties to such lease may, in lieu of registering the same, obtain the attestation thereto of a girdawar, a naib-tahsildar, or a tahsildar, within whose jurisdiction the land leased is situated in accordance with the provisions of sub-section (4). (3) Such instrument shall be presented for attestation in duplicate. (4) The attesting officer shall, after satisfying himself as to the identity of the parties and the execution of the instrument, make, sign and date an endorsement thereon to the effect that he has so satisfied himself, and shall deliver one copy to the lessor and the other to the lessee: Provided that no such instrument shall be accepted for attestation, unless it is presented within four months of its execution. (5) An instrument so attested shall be deemed to be registered within the meaning of the Indian Registration Act, 1908 (XVI of 1908). 22 ----- _Declaration of rights_ **43. Declaration of rights in certain cases.—(1) In case of doubt or dispute, the landholder or the** tenant may apply for a declaration as to any of the following matters:— (i) the rent payable or any other particulars prescribed for the lease; (ii) the right of a person claiming to be a tenant or a joint tenant of a holding, or the specification of his share in such holding; (iii) question of status of a tenant; (iv) whether a particular plot is— (a) niji jot, or (b) stable or unstable land. (2) Such application shall be filed in the court of the sub-divisional officer who shall decide the dispute in accordance with the provisions of this Act, and submit the record of the case for confirmation of the order passed by him to the collector. _Improvements_ **44. Right of certain tenants to make improvements.—An occupancy, an exproprietary or a** hereditary tenant may make any improvement, but he shall not construct a tank unless he has obtained the written consent of the landholder. **45. Right of non-occupancy tenants to make improvements.—No non-occupancy tenant shall** make any improvement except with the written consent of his landholder: Provided that, if such tenant is a sub-tenant, he shall not make any improvement unless— (a) it is an improvement which his landholder could himself have made; and (b) he has obtained the written consent of his landholder. **46. Right of landlord to make improvement.—(1) A landlord may, with the sanction of the** sub-divisional officer, make an improvement on, or affecting, the holding of a tenant: Provided that no such sanction shall be required if the tenant of such holding is a non-occupancy tenant, or the improvement which the landlord desires to make is a well. (2) If the sub-divisional officer refuses to give sanction, he shall submit the record of the case for confirmation of the order passed by him to the collector. **47. Provision when both landlord and tenant want to make the same improvement.—(1) If both** the landlord and the tenant want to make the same improvement which they are entitled to make under this Act, the sub-divisional officer shall, on application, allow the tenant to execute the work within a specified period and may, on reasonable cause being shown, extend such period from time to time: Provided that the total period of such extensions shall not exceed six months. (2) If the tenant fails to execute the work within such period or extended period, the landlord shall have the right to make such improvement. **48. Restrictions on making improvement.—Nothing in this Chapter shall entitle a tenant or a** landholder to make an improvement on, or detrimental to, any land, not included in the holding to be benefited by such improvement, unless he is in possession of such land as owner, or has obtained the written consent of the landlord and of the tenant, if any, of such land. **49. Compensation for improvement, when permissible.—A tenant who has made a work of the** kind to which the provisions of clause (13) of section 4 apply, whether such work was made before or after the commencement of this Act, shall be entitled to claim compensation— (a) if an order of ejectment is passed against him; or 23 ----- (b) if he has been wrongfully ejected from his land and has not recovered possession thereof: Provided that in case of a dwelling house mentioned in sub-clause (i) of clause (13) of section 4, the tenant may, instead of claiming compensation, sell or remove the materials thereof or, with the written consent of the landlord and within such period as the court deciding the claim for compensation may specify, transfer the right of residence therein to any tenant of the village: Provided further that except in case of such dwelling house, compensation shall not be payable for any work made more than thirty years prior to the date on which the order of ejectment was passed or the tenant was wrongfully ejected. **50. Determination of compensation.—When, under any provision of this Act, a court has to** determine the amount of compensation due on account of an improvement, it shall have regard— (a) to the amount by which the value or the produce of the holding, or the value of that produce, is increased by the work, (b) to the condition of such work and the probable duration of its effect, (c) to the extent or benefit to which the landholder or the tenant may be entitled under section 51, and (d) to the labour and capital required for the making of such work, allowing for— (i) any reduction or remission of rent or any other advantage allowed to the tenant by the landholder in consideration of the work, (ii) any assistance given to the tenant by the landholder in money, material or labour, and (iii) in the case of reclamation or of conversion of unirrigated to irrigated land, the length of time during which the party claiming compensation has had the benefit of the improvement. **51. Works benefiting other land.—(1) If a tenant has made an improvement on land from which he** is ejected, the landholder shall, on payment of compensation, if awarded, become the owner of the work, but the tenant shall be entitled to the benefit of the work in respect of the land remaining in his possession to the same extent and in the same manner as it was hitherto benefited thereby. (2) If a tenant has made an improvement on land which remains in his possession after he is ejected from the other portion of his holding, the landholder shall, in accordance with the conditions laid down by the court, be entitled to the benefit of such work in respect of the land from which the tenant has been ejected to the same extent and in the same manner as it was hitherto benefited thereby. **52. Disputes as regards improvements.—If a question arises between a tenant and his landholder—** (a) as to the right to make an improvement; or (b) as to whether a work contravenes the provisions of section 48; or (c) as to whether a particular work is an improvement; or (d) as to the right to the benefit of an improvement under section 51, the sub-divisional officer shall, on the application of either party, decide the question and submit the record of the case for confirmation of the order passed by him to the collector. _Trees_ **53. Right of tenant paying fixed money rent to plant tree.—A tenant, other than a non-occupancy** tenant, who pays fixed money rent may plant on his Molding any tree: Provided that— (a) he shall not plant any tree in such a way as to diminish the value of any land, not included in his holding; and (b) he shall, in the absence of a written agreement to the contrary, continue to be liable to pay the full rent of the holding. 24 ----- **54. Right of a tenant paying batai or bighori to plant tree.—A tenant, other than a non-occupancy** tenant, who pays rent by batai, or bighori or partly by batai and partly by bighori, may plant any tree with the written consent of his landlord on such terms as may be settled between them: Provided that he shall not plant any tree in such a way as to diminish the value of any land, not included in his holding. **55. Tenant’s rights in tree existing at the commencement of the Act.—(1) Any tree standing at the** commencement of this Act on the holding of a tenant, not being a sub-tenant, shall vest in such tenant, if he has continuously been in possession of such holding for not less than twelve years immediately before such commencement. (2) If a tree does not vest in such tenant under sub-section (1), he may— (i) if such tree hinders the cultivation of the folding, fell it with the previous sanction of the _tahsildar and after notice in writing to the landlord or his agent, and deliver the timber thereof to such_ landlord or agent; or (ii) appropriate such tree and pay to the landholder such price as the _tahsildar may, on the_ application of the tenant, fix. (3) The tahsildar shall, if the order giving or refusing sanction for felling, such tree or fixing the price thereof is passed in a contested case, submit the record of the case for confirmation of the order passed by him to the sub-divisional officer. **56. Decision of disputes regarding trees.—If a dispute arises between a landlord and a tenant as to** the right to plant any tree, or the manner of planting it, or regarding the ownership of any tree, the dispute shall, on the application of either party, be decided by the sub-divisional officer who shall submit the record of the case for confirmation of the order passed by him to the collector. _Surrender and abandonment_ **57. Surrender by tenant.—Subject to the provisions of section 29, a tenant, not bound by a lease or** other agreement to continue to occupy any holding in the following year, may— (i) by means of a registered letter, sent to his landholder before the first day of March in any year, notify his intention to surrender his holding at the end of the agricultural year, whether such holding is or is not held by a sub-tenant; and (ii) surrender his holding by giving up possession thereof accordingly: Provided that an exproprietary tenant shall not surrender his holding of any part thereof except to his own landholder, and unless (a) a period of two years has elapsed from the date of accrual of the exproprietary rights, and (b) such tenant has obtained the previous sanction of the collector: Provided further that nothing in this section shall affect any arrangement by which a tenant, other than an exproprietary tenant, and the landholder may agree to the surrender of the whole or any portion of the holding. **58. Abandonment.—(1) Subject to the provisions of sub-sections (2) and (3), a tenant, who ceases to** cultivate his holding and leaves the neighbourhood, shall not lose his interest in such holding, if he leaves in charge thereof a person responsible for payment of the rent as it falls due and gives written notice to the landholder of such arrangement. (2) If the person so left in charge is a person— (a) on whom, in the event of the tenant’s death, the tenant’s interest would devolve, or (b) who is to manage the holding for the benefit of the person on whom, in the event of the tenant’s death, the tenant’s interest would devolve, the tenant shall, on the expiry of a period of seven years, lose his interest in his holding unless he, within such period, resumes cultivation thereof, and such interest shall devolve on the person on whom the interest of the tenant would devolve in the event of his death. 25 ----- (3) If the person so left in charge is not a person mentioned in sub-section (2), the tenant shall, on the expiry of a period of three years, be deemed to have abandoned his holding, unless within such period he resumes cultivation thereof. (4) A tenant who ceases to cultivate and leaves the neighbourhood, otherwise than in accordance with the provisions of sub-section (2), shall be deemed to have abandoned his holding. **59. Taking possession of holding surrendered or abandoned.—A landholder may enter upon, and** occupy, the land surrendered or abandoned in accordance with the provisions of this Act. **60. Dispute arising out of surrender and abandonment of land.—(1) If a dispute arises as to—** (a) the right of a tenant to surrender his holding or part thereof, or (b) the right of a landholder to enter upon and occupy the land under the provisions of section 59, either party may, within three months from the date of such dispute, apply to the tahsildar for decision. (2) The tahsildar shall decide the dispute and submit the record of the case for confirmation of the order passed by him to the sub-divisional officer. CHAPTER VII PREMIA AND OTHER LEVIES **61. Acceptance of premium; how far permissible.—No landholder shall accept a premium for** admitting a person to a holding: Provided that this prohibition shall not apply to a landlord who confers biswadari right in any waste or unimproved land or common land of a village. **62. Lag,** **_neg and cess.—(1) Notwithstanding any custom or contract to the contrary, no lag, or neg,_** by whatever name called or known, shall, in addition to the rent of the holding, be levied on, or recovered from, a tenant: Provided that this prohibition shall not apply to a village development cess levied under sub-section (2). (2) The Chief Commissioner may, with the previous approval of the Central Government, declare that the tenants of any village shall be liable to pay a village development cess, not exceeding two and a half per cent. of the rental to be applied for such purposes, and to be collected and disbursed in such manner, as may be prescribed in this behalf. (3) In case of doubt, the Chief Commissioner may determine whether any levy is a levy prohibited by sub-section (1). CHAPTER VIII RENT AND ITS RECOVERY PART I—Basic rent of tenants **63. Liability for payment of rent.—Every occupancy, exproprietory, hereditary or non-occupancy** tenant shall be liable to pay rent in accordance with the provisions of section 64: Provided that if, at the commencement of this Act, a lower rent is payable by a tenant, or, after such commencement, a lower rent is agreed upon between him and his landholder, he shall be liable to pay such rent only. **64. Scale of rent for different classes of tenants.—Subject to the provisions of section 63, a tenant** shall be liable to pay rent in accordance with the following scale:— (a) a hereditary or a non-occupancy tenant, other than a sub-tenant one-fifth of the produce of his holding; (b) an occupancy tenant one-sixth of the produce of his holding; (c) an exproprietary tenant one-eighth of the produce of his holding: 26 ----- Provided that if in any area bighori at customary rate is payable for any crop, a tenant may elect to pay such rate for such crop: Provided further that if a tenant grows cotton, or a crop in which cotton predominates, on more than one fourth of the irrigable area of his holding, the rent of such excess area shall be payable at double the _bighori at customary rates._ _Explanation.—In this section the expression “produce of his holding” shall not include the straw_ chaff (bhusa) of the rabi or the dry stalks of kharif crop. **65. Status and liability of person permitted to retain possession.—Notwithstanding anything** contained in section 106, a person occupying any vacant land in contravention of the provisions of this Act shall, if permitted in writing by the landlord to retain possession of such land, become a hereditary tenant thereof and shall be liable to pay rent in accordance with the provisions of sections 63 and 64. PART II—Payment and recovery of rent General provisions **66. Hypothecation of produce towards payment of rent.—The produce of every holding, whether** sub-let or not, shall be deemed to be hypothecated to the landlord for the rent payable in respect of such holding and, until the demand for such rent has been satisfied, no other claim on such produce shall be enforced by sale in execution of a decree of a civil or revenue court, or otherwise. **67. Procedure when produce is attached by civil or revenue court.—(1) If the produce of any** holding is attached by an order of a civil or revenue court, such court shall give notice of such attachment to the landlord who may apply to such court to sell the produce and pay to him, out of the proceeds of the sale thereof, any arrears of rent due in respect of such holding up to the date of the attachment. (2) If such court, on inquiry, finds the landlord’s claim to the whole or any part of the rent to be proved, it shall sell the produce or such portion thereof as it may deem fit, and apply the proceeds of the sale, in the first instance, to satisfy such claim. **68. Right of landlord to collect rent from cultivator.—(1) If the rent of a holding which is sub-let,** or is left in charge of another person under section 58, is payable to the landlord by batai, he may collect such rent from the sub-tenant or such person: Provided that if any rent is so collected by the landlord, the sub-tenant may deduct such rent from any rent payable by him to his landholder. (2) If any conflict arises between the claims of the landlord and the tenant of such holding to collect rent from the sub-tenant the claim of the landlord shall prevail. **69. No cartage allowed.—When rent is paid by batai, the landholder shall not claim or receive any** additional quantity of the produce or its money equivalent for cartage to his own residence or to any market place. **70. Presumption as to payment by tenant and application of such payment.—If a tenant makes a** payment to his landholder, the payment shall, in the absence of a direction to the contrary, be deemed to have been made on account of rent, and shall be credited to any year, instalment or holding, specified by the tenant: Provided that no such payment shall be applied to the discharge of an arrear of rent which has been outstanding for more than two years at the date of such payment. **71. Modes of making payment of money rent.—(1) A payment of a money rent may be made by a** tenant to his landholder, either direct or by money order: Provided that the acceptance by a landholder of a sum paid by money-order shall not, by itself or by virtue of any thing written on the money-order form, be deemed to constitute an admission by him as to the amount of rent payable or due on account of any particular year, instalment or holding, or an admission that the payer is a tenant. 27 ----- (2) When such rent is sent by money order, in the case of acceptance, the payee’s receipt and in the case of refusal, the endorsement of such refusal on the money-order form, duly stamped by the post office, shall be admissible in evidence without formal proof and shall, until the contrary is proved, be presumed to be a correct record of such acceptance or refusal. **72. Right to get receipt.—(1) Every tenant, lessee or licensee who makes payment on account of** rent, sayar or premium shall be entitled to obtain forthwith from the landholder a written receipt signed by the landholder or his agent. (2) The landholder shall, from a book printed under section 74, give a separate receipt for each sum paid on account of rent, sayar or premium, and shall prepare and retain a counterfoil of each receipt given by him. **73. Penalty for not issuing proper receipt.—If a receipt is not issued in the prescribed form, or does** not contain substantially the particulars required to be stated therein, or if a joint receipt for rent, sayar or premium has been given in contravention of the provisions of sub-section (2) of section 72, it shall be presumed, until the contrary is proved, to be an acquittance in full of all demands for rent, _sayar,_ or premium, as the case may be, up to the date on which the receipt was given. **74. Obligation of Chief Commissioner to print and supply books of receipt.—The Chief** Commissioner shall cause to be printed and kept for sale to landholders, at all tahsil headquarters, books of receipts with counterfoils in the prescribed form at a rate, not exceeding the actual cost of production, _plus five per cent. thereon to cover incidental charges._ **75. Penalty for non-production of receipt book with counterfoils.—If, in any proceeding under** this Act between a landholder and a tenant in which the payment of rent, sayar or premium is in dispute, the landholder, when ordered by the court to produce the book of receipts with counterfoils which he is required to retain under section 72, fails to produce it, the court may accept the plea of the tenant regarding such payment as correct or may make any presumption against the landholder which it considers reasonable. **76. Rights and liabilities in respect of produce.—(1) When rent is payable by batai, the tenant shall** have a right to the exclusive possession of the crop and to cut and harvest it in due course of husbandry without any interference on the part of the landholder, but shall not be entitled to cut any portion of the produce of his holding or to remove it from the threshing-floor at such time or in such manner as to prevent the due division thereof at the proper time. (2) If a landholder prevents a tenant from tending, cutting, gathering or storing the crop, or otherwise interferes with harvesting operations, he shall be liable, on the complaint of the tenant, to pay to him such sum, not exceeding one hundred rupees, as may be awarded as compensation and such sum shall be recovered as arrears of revenue and paid to the tenant. (3) Such complaint shall be made in writing to the sub-divisional officer who shall inquire into, and decide, the case and submit the record for confirmation of the order passed by him to the collector. (4) If the tenant cuts or removes any portion of the produce of his holding, contrary to the provisions of sub-section (1), such produce shall, for the purpose of determining the share of the landholder, be deemed to be equal to that of the best crop of the same kind grown at that harvest on similar land in the neighbourhood. **77. Application for officer to make division.—(1) When the rent of any land is payable by** _batai,_ the tenant may, when the crop is ripe, apply to the tahsildar, requesting that an officer be deputed to make the division and, subject to the payment of the prescribed fee, the tahsildar shall, within ten days of such payment, depute an officer for the purpose. (2) The officer so deputed shall proceed to the spot on a day of which notice shall be given to the landholder and the tenant, cause the crop to be cut or gathered, and stored, and, after such inquiry as he deems fit, get the produce divided in accordance with the shares to which the parties may be respectively entitled. 28 ----- (3) The weighment charges or other expenses, if any, incurred in making the division, shall be borne by the parties in proportion to their shares in the produce. (4) In making the division, such officer shall take the assistance of assessors to be appointed, as nearly as may be, in accordance with the provisions of sub-sections (2) and (3) of section 79, draw up a note specifying the share of produce delivered to each party and other necessary particulars, explain such note to the parties and assessors, get it signed by them and submit it with his report to the tahsildar. (5) Such officer shall not allow any levy prohibited by sub-section (1) of section 62 to be charged at the time of batai, and in his report to the tahsildar he shall state that no such levy was charged. (6) If either the landholder or the tenant is dissatisfied with the division he may, within fifteen days of such division, complain in writing to the tahsildar who shall inquire into the matter and, if necessary, pass a decree for money in favour of the party entitled, and submit the record of the case for confirmation of the decree or order passed by him to the sub-divisional officer If no such complaint is made, the tahsildar shall confirm the note of the officer deputed. (7) The sub-divisional officer may confirm, amend or set aside the decree of order or pass such other order as he deems fit. (8) A decree for money passed under sub-section (6) or (7) shall, if against the tenant, be deemed to be a decree for arrears of rent and, if against the landholder, be realised in accordance with the provisions of sections 88 and 89. **78. Application for kuta.—If, by an agreement between a landholder and his tenant, the batai rent of** a holding is payable in cash by _kuta,_ either party may apply in the prescribed form to the _tahsildar to_ depute an officer to make the kuta. **79. Procedure on application.—(1) On receipt of an application under section 78, and on payment** of the prescribed fee, the tahsildar shall, within ten days of such payment, issue a written notice to the landholder and the tenant to attend on such date and at such time and place as may be specified in the notice, and shall depute an officer by whom the kuta shall be made. (2) On the day, and at the time and place, so fixed, such officer shall attend and call upon each party to appoint a resident of the neighbourhood as an assessor to assist him. (3) If any party fails to attend, or refuses to appoint an assessor, sum officer shall appoint an assessor on his behalf and shall, with the assistance of the assessors so appointed, make the _kuta and deliver an_ award in the prescribed form and submit the same with a report of the proceedings to the tahsildar. (4) The tahsildar shall issue notice to the parties to file objections, if any, to the award within fifteen days of the date of service of such notice and shall, after hearing such objections and making such inquiry, as he considers necessary, accept or modify such award and submit the record of the case for confirmation of the order passed by him to the sub-divisional officer. (5) The sub-divisional officer may, after further inquiry, if necessary, confirm or modify the award. (6) After the award has become final, the tahsildar shall assess the money value of the rent payable to the landholder and pass a decree for arrears of rent against the tenant. **80. Collector to publish return of current prices.—Within one month of the end of harvesting** operations in a _tahsil, or as soon thereafter as may be, the collector shall prepare, in the prescribed_ manner, a return of market prices current at the harvest time of all food and non-food crops grown in such _tahsil and the return so prepared shall be accepted for assessing the money value of the produce of a_ holding in cases triable under this Act: Provided that if, in any area, the Central Government has fixed any price for any agricultural produce such price shall be accepted for making such assessment. **81. Assessment of bighori by court.—(1) In case of bighori—** (a) if the landholder or the tenant neglects to measure the area sown at the proper time, or 29 ----- (b) if there is a dispute about the extent of the area sown, the length of the measuring chain, or the manner of measurement of such area, either party may make an application to the tahsildar, requesting that a measurer be appointed to measure such area. With the application, the applicant shall deposit such fee as may be prescribed. (2) The provisions of sub-sections (1) to (3) of section 79 shall apply to an application made under this section, as if for the words “kuta” and “officer”, wherever they occur in such sub-sections, the words “measurement” and “measurer” respectively were substituted. (3) On receipt of the measurer's award, the tahsildar shall issue notice to the parties to file objections, if any, within fifteen days of the date of service of such notice and, after hearing such objections, pass a decree for the arrears of rent found due, and submit the record of the case for confirmation of the decree passed by him to the sub-divisional officer. **82. Commutation of** **_batai rent into_** **_bighori in certain cases.—(1) Where a tenant, other than a_** non-occupancy tenant, has heretofore paid his rent by batai, or partly by bighori and partly by batai, he may, apply to the sub-divisional officer to commute his rent paid by batai into bighori. (2) The sub-divisional officer shall, in accordance with the table of rates prepared in the prescribed manner, declare the bighori which such tenant shall be liable to pay. **83. Payment of commuted rent.—The rent commuted under the provisions of section 82 shall** become payable from June next following the date of the order and shall remain in force for three agricultural years unless, at the end of such period, the landlord and the tenant, by a joint application made to the sub-divisional officer, get the period extended for any term agreed upon between them. _Arrears_ **84. Rent when and how payable.—(1) Subject to the provisions of this Act, the rent of a tenant shall** be payable as follows:— (i) in case of batai or bighori— (a) as agreed upon between the tenant and the landholder, (b) in the absence of any such agreement, according to local custom, and (ii) in case of fixed money rent, in instalments proportionate to the revenue instalments payable one month before the dates appointed for the payment of the revenue instalments. (2) Rent, or any instalment thereof, not paid by due date, shall be deemed to be in arrears. **85. Claim for arrears of rent.—(1) If rent, which is payable by batai or bighori, is in arrears, or if** the tenant has, without sufficient cause, failed to cultivate his holding, the landholder may, within two years of the date on which rent became payable, apply to the tahsildar for the recovery of arrears of rent. (2) An application for the recovery of fixed money-rent shall be made to the _tahsildar within two_ years of the date on which such rent became payable. (3) For purposes of the assessment of the rent recoverable under sub-section (1)— (i) in case of batai, the provisions of sub-section (4) of section 76 shall apply, and (ii) in case of batai or bighori, the entire area of the holding of the defendant shall, in the absence of evidence to the contrary, be deemed to have been actually cultivated during the period to which the claim relates. (4) The tahsildar shall decide the case and submit the record for confirmation of the decree passed by him to the sub-divisional officer. **86. Interest in cases of arrears of rent.—When a court passes a decree for arrears of rent under the** provisions of this Chapter, it shall allow interest on the amount decreed from the date of such decree till 30 ----- the date of its satisfaction at the rate of one anna per rupee per annum simple interest unless, for reasons to be recorded in writing, it disallows the interest or allows interest at a lower rate. **87. Landlord’s power to charge irrigation dues.—If a landlord has constructed a tank, whether** before or after the commencement of this Act, he shall, subject to the rules made by the Chief Commissioner, be entitled to charge irrigation dues from persons irrigating land from such tank, at such rates as may be prescribed. **88. Method of recovering sayar.—(1) A landlord to whom any sum is due on account of sayar may,** on an application to the tahsildar, recover the same by attachment and sale of the property of the defaulter with the exception of the following:— (a) the necessary wearing apparel, cooking utensils, beds and bedding of the defaulter, and of his wife and children and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman; (b) his implements of husbandry and such cattle and seed grain as may, in the opinion of the court, be necessary to enable him to earn his livelihood as an agriculturist; and (c) houses and other buildings belonging to the defaulter and actually occupied by him or used by him as a cattle-shed. (2) If, in the course of any proceeding under sub-section (1), any claim is preferred to, or any objection is made to the attachment of, any property by any person, whether a party to such proceeding or not, the tahsildar shall decide the dispute and submit the record of the case for confirmation of the order passed by him to the sub-divisional officer. **89. Realisation of sayar as arrears of revenue.—(1) If, in the opinion of the tahsildar the arrears of** _sayar cannot be recovered under section 88, he may move the sub-divisional officer to sanction the_ collection of such arrears as arrears of revenue. (2) The sub-divisional officer may, if he is satisfied that such arrears cannot be recovered under section 88, direct the tahsildar to recover such arrears as arrears of revenue. (3) Any arrears of _sayar recovered under section 88 or under this section shall be paid by the_ _tahsildar to the person entitled._ PART III—Emergency provision **90. Recovery of arrears in the event of general refusal to pay.—(1) In case of any general refusal** to pay rent or any demand on account of _sayar to persons entitled to collect the same in any area, the_ Chief Commissioner may, by notification in the Official Gazette, declare that such rent or demand may be recovered in accordance with the provisions of sub-section (2). (2) In any area to which a notification made under sub-section (1) applies, a landholder entitled to collect such rent or demand may, notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, apply in writing to the _tahsildar_ to recover the same, and the _tahsildar shall, after satisfying himself that the amount claimed is due, recover file same with costs as_ arrears of revenue and submit the record of the case for confirmation of the orders passed, and the action taken, by him to the collector. (3) The collector may, after examining the record, order that, after deducting from the amount recovered the collection charges which shall not ordinarily exceed seven per cent. of the amount so recovered, the balance shall be made ever to the person entitled: Provided that the total amount deducted as court-fee under section 178 and collection charges shall not, in the aggregate, exceed fourteen and a half per cent. of the amount so recovered. (4) No order passed under this section shall debar a landholder from recovering, under the provisions of this Act, any amount due to him which has not been recovered under this section. PART IV—Payment of revenue by biswadars to jagirdars and muafidars **91. Application of certain sections to biswadars.—(1) The provisions of sections 62, 66, 67, 69 to** 77, 81, 87 to 90 and 108 to 112 shall apply to a biswadar in relation to a jagirdar or a muafidar, as if in such sections for the word ‘tenant’, the word ‘biswadar’ and for the word ‘landlord’ or ‘landholder’ the 31 ----- word ‘jagirdar’ or ‘muafidar’, as the ease may be, and for the word “rent” the words “revenue payable by a biswadar”, were substituted. (2) The amount of a decree for arrears of revenue passed against a _biswadar, if not satisfied within_ thirty days of the date when such decree becomes final shall, on the application of the decree-holder, be recovered by the tahsildar as arrears of revenue and paid to the person entitled. CHAPTER IX EJECTMENT OF TENANTS _General_ **92. Arrears deemed satisfied when tenant is ejected.—Subject to the provisions of sub-section (2)** of section 94, when a tenant is ejected from his holding for non-payment of arrears of rent, all arrears, whether decreed or not, and irrigation dues due in respect of such holding on the date of ejectment shall be deemed to have been satisfied. **93. Decree for arrears, how executed.—No decree for arrears of rent shall be executed against a** tenant otherwise than in the manner provided by section 98. **94. Adjustment of arrears and compensation on ejectment.—(1) A court, deciding any proceeding** under this Act by which a tenant is ejected from his holding or part thereof shall, before passing an order of ejectment, award the amount of compensation due to him on account of an improvement, a tree or a crop belonging to him and existing on such holding: Provided that if, on the date of such order, no arrears of rent, decreed or undecreed, or irrigation dues are outstanding against him on account of such holding and there is a tree or crop upon the land, he may cut and remove such tree and, subject to such payment and such other terms as the court passing the order may specify, use such land for tending, gathering and removing such crop. (2) If, on such date, any such arrears are outstanding against the tenant and the amount of compensation awarded to him under sub-section (1) exceeds the amount recoverable from him as such arrears, the order for ejectment shall be conditional on the payment into court by the landholder of the balance due to the tenant within such time as the court may direct; and if the amount of such compensation does not exceed such arrears, any claim for compensation made by the tenant shall be deemed to have been satisfied on his ejectment. **95. Entry of landholder on land from which tenant is ordered to be ejected.—(1) A landholder** may enter upon possession of a holding or part thereof from which a tenant is ordered to be ejected: Provided that he shall not enter upon such holding or part unless— (a) in a case to which the proviso to sub-section (1) of section 94 applies, the tenant has gathered and removed the crop in due course of husbandry; and (b) the amount of compensation, if any, awarded by the court has been paid into court or adjusted in accordance with the provisions of sub-section (2) of section 94. (2) If the amount of compensation awarded under sub-section (1) of section 94 has not been paid into court or adjusted in accordance with sub-section (2) of that section, the order of ejectment shall be cancelled, and the landholder shall be liable to pay to the tenant the cost of the proceedings which shall be collected as arrears of revenue and paid to the tenant. (3) If the tenant offers any resistance or obstruction to entry on land on which a landholder has become entitled to enter under sub-section (1), the court passing the order of ejectment shall, on the application of the landholder, direct that such landholder be put into possession of such land and where he is still resisted or obstructed in obtaining possession, the court may, at his instance, order the tenant to be detained in the civil prison under rule 98 of Order XXI of the Code of Civil Procedure, 1908 (V of 1908). (4) The court hearing any proceeding by which a tenant is ejected from his holding or part thereof shall decide all disputes arising under section 94 or this section and such decision shall be subject to confirmation by the court to which the record of such proceeding is submitted for confirmation. 32 ----- _Grounds of ejectment_ **96. Grounds of ejectment.—A tenant shall be liable to ejectment from his holding on one or more of** the following grounds:— (a) that a final decree against him for arrears of rent in respect of that holding had remained unsatisfied; or (b) that he is guilty of any act detrimental to the land in that holding, or inconsistent with the purpose for which it was let; or (c) where rent is payable by batai, that for three successive years he has, without sufficient cause, failed to cultivate his holding; or (d) that he or any person holding from him has broken a condition on breach of which he is, by special contract which is not contrary to the provisions of section 8, liable to be ejected; or (e) that he has sub-let or otherwise transferred his holding or part thereof in contravention of the provisions of this Act: Provided that the use of one-twentieth part of a plot included in a holding for growing grass or for the construction of enclosures on such part for stock raising, or for any purpose subservient to agriculture, shall not constitute a ground for ejectment under clause (b). **97. Special grounds of ejectment of non-occupancy tenants.—A non-occupancy tenant, other than** a sub-tenant to whom the provisions of section 32 apply, shall be liable to ejectment on the ground that he holds only as a tenant from year to year, or under a lease which has expired or will expire by the end of the current agricultural year. **98. Procedure in ejectment for decreed arrears.—(1) Immediately after a decree for arrears of rent** passed under section 77, 79, 81 or 85 has become final, the tahsildar shall cause a notice to be served on the tenant stating the amount due under the decree, and requiring him, within two months from the service of the notice, to pay such amount into court. (2) If the amount is so paid, the tahsildar shall record satisfaction on the decree and grant a receipt therefore which shall operate as an acquittance for the amount deposited as if such amount had been received by the decree holder and pay such amount to the person entitled to receive it. (3) If the amount is not so paid by the tenant the tahsildar shall order his ejectment from his holding or part thereof as prescribed and submit the record of the case for confirmation of the order passed by him to the sub-divisional officer. (4) The sub-divisional officer may— (a) on the application of the tenant, extend the tithe for the payment of the decretal amount for a period, not exceeding two months from the date of such order; or (b) allow payment into court of such amount by installments and specify the time for payment thereof; or (c) confirm the order of ejectment. (5) If the sub-divisional officer by order extends the time for the payment of the decretal amount or allows payment by installments and such order is duly complied with, the order of ejectment shall be set aside. (6) If the decretal amount or any installment is not paid into court within the period allowed under clause (a) or (b) of sub-section (4), the sub-divisional officer shall confirm the order of ejectment. **99. Procedure for ejectment on other grounds.—(1) When a landholder desires to eject a tenant on** one or more of the grounds specified in clauses (b) to (e) of section 96, he shall file an application in the court of the sub-divisional officer containing such particulars as may be prescribed. 33 ----- (2) If the sub-divisional officer finds that the tenants is liable to ejectment, he shall pass a conditional order for his ejectment either from the entire holding or from such portion thereof, as, having regard to all the circumstances of the case, he considers desirable and shall also direct that— (i) in the case of an order under clause (b), (c) or (d) of section 96, the tenant shall repair the damage, or pay such compensation as the court may direct within two months from the date of the order, or such further time as the court may, for reasons to be recorded allow; and (ii) in the case of an order under clause (e) of that section, the tenant shall obtain surrender of, or eject the sub-lessee or other transferee from, the holding or part thereof which is sub-let or otherwise transferred in contravention of the provisions of this Act and resume possession of such holding or part, as the case may be, within such time as the court may specify. (3) If the sub-divisional officer is satisfied that the tenant has complied with the order passed under sub-section (2), he shall cancel the order of ejectment, but if he is not so satisfied, he shall make the order of ejectment absolute and shall, in either case, submit the record for confirmation of the order passed by him to the collector: Provided that no application for ejectment shall be entertained on the ground mentioned in clause (c) of section 96, if the landholder has recovered under section 85 the arrears of rent for the period the tenant has failed to cultivate his holding. **100. Application for ejectment of non-occupancy tenant.—A landholder who desires to eject a** non-occupancy tenant to whom section 97 applies may, in the month of May, make an application in duplicate to the tahsildar stating the following particulars:— (a) the name, description and place of residence of the landholder; (b) the name, description and place of residence of the tenant; (c) a description of the holding, specifying the name of the village, the rent payable, and, unless the holding can be otherwise adequately described, the khasra number and area of each field; and (d) the ground on which ejectment is applied for. **101. Procedure on application.—(1) The** _tahsildar shall send one copy of the application to the_ tenant and inform him that he may file objections, if any, within thirty days of the receipt of such application. (2) It the tenant admits his liability to ejectment, or has not appeared within such period, the tahsildar shall pass an order for his ejectment. (3) If the tenant contests his liability to ejectment on the ground that he is not a tenant, or claims occupancy, exproprietary or hereditary rights, or denies the right of the landholder to eject, the tahsildar shall forward the record to the sub-divisional officer for trial of the case. (4) On receipt of the record, the sub-divisional officer shall hear and decide the case and submit the record for confirmation of the order passed by him to the collector. (5) If the liability to ejectment is contested on any other ground, the tahsildar shall decide the case and submit the record for confirmation of the order passed by him to the sub-divisional officer. _Remedies for wrongful ejectment_ **102. Remedies for wrongful ejectment.—A tenant ejected by his landholder, otherwise than in** accordance with the provisions of this Act may, within one year of such ejectment, apply to the sub-divisional officer— (a) for possession of the holding; (b) for compensation for wrongful dispossession; and (c) for compensation for any improvement he may have made, or for a tree belonging to him. 34 ----- **103. Procedure on application.—(1) If the court finds that the tenant has been wrongfully ejected, it** shall proceed as follows:— (a) if the tenant is not entitled to remain in possession after the expiry of the agricultural year in which the order is passed, the order shall not be for recovery of possession, but for costs only, or, if compensation has been claimed and found due, for compensation and costs only; (b) when the order is for recovery of possession, compensation, if claimed and found due, may be awarded for wrongful dispossession but not for an improvement or a tree; (c) where an order is given for compensation for wrongful dispossession, but not for possession, the compensation shall be for the whole period during which the tenant was entitled to remain in possession. (2) If the order is for recovery of possession, the sub-divisional officer shall put the tenant wrongfully ejected in possession. (3) After the decision of the case, the sub-divisional officer shall submit the record for confirmation of the order passed by him to the collector. (4) Any amount awarded as compensation shall be recovered as arrears of revenue and paid to the person entitled. _Ejectment of person occupying land without title_ **104. Ejectment of person occupying land without title.—(1) A person, other than a landholder** mentioned in section 102, taking or retaining possession of a plot of land otherwise than in accordance with the provisions of this Act shall, on the application made to the sub-divisional officer, be liable to ejectment and also to pay damages. (2) Such application shall be made— (a) if the unauthorised occupation has existed from a date prior to the commencement of this Act, within two years of the commencement of this Act; (b) in any other case, within three years from the date when the unauthorised occupation first began. **105. Procedure on application.—(1) If, on application under section 104, the sub-divisional officer** is satisfied that any person taking or retaining possession of a plot of land is liable to ejectment, he shall order the ejectment of such person and award damages which may extend to four times the annual rental value of such plot, calculated in accordance with the sanctioned rates applicable to hereditary tenants. (2) If, on the date of the order of ejectment, there is any ungathered crop or other produce belonging to the person ordered to be ejected, the applicant shall become owner thereof. (3) The sub-divisional officer shall submit the record of the case for confirmation of the order passed by him to the collector. (4) Any damages awarded under this section shall be recovered as arrears of revenue and paid to the person entitled. **106. Consequences of failure to file application under section 102 or 104.—If no application** under section 102 or 104 is made within the period of limitation prescribed therefor, and the person ejecting the tenant from, or taking or retaining possession of, land, otherwise than in accordance with the provisions of this Act, cultivates such land, such person shall become— (i) if he possesses proprietary interest in such land, khudkasht-holder; or (ii) if he does not possess proprietary or tenancy interest in such land, a hereditary tenant. **107. No separate relief claimable, if not claimed in revenue court.—A person who has made an** application under section 102 or 104, shall not be entitled to institute a separate suit or proceeding in a civil court for any relief which he might and ought to have claimed and has not claimed. 35 ----- CHAPTER X COMPENSATION AND PENALTIES **108. Tenant’s right to claim inquiry for illegal exaction and other matters.—If any landholder or** his agent— (i) dishonestly collects a premium prohibited by this Act, or any sum, or produce in excess of the amount which is due as arrears of rent, or as sayar, or (ii) charges interest on an arrear of rent, not expressly allowed by this Act or at a rate exceeding that allowed by this Act, or (iii) realises, by proceedings in court or otherwise, any rent of which payment has been remitted, or, before the expiry of the period of suspension, any rent of which payment has been suspended under the provisions of this Act, or (iv) habitually refuses or neglects to deliver to the tenant a receipt, or does not prepare and retain a counterfoil of the receipt in the manner prescribed by this Act, or (v) without reasonable cause, credits or applies a payment made towards rent otherwise than in accordance with the provisions of this Act, the sub-divisional officer shall, on the application of the tenant, if made within six months of the contravention of the provision of this Act to which the complaint relates, institute an inquiry and, if he is satisfied that the charge is established, shall award to the tenant monetary compensation not exceeding two hundred rupees and submit the record of the case for confirmation of the order passed by him to the collector. **109. Power to award compensation in proceedings for arrears of rent.—(1) If, in the course of** proceedings for the realisation of arrears of rent, the trial or the confirming court finds that the landholder has committed any of the acts enumerated in clauses (i) to (v) of section 108, it may award to the tenant compensation, not exceeding one hundred rupees. (2) If such compensation is awarded by the trial court, the record of the case shall be submitted for confirmation of the order passed by it to the sub-divisional officer, and if by the confirming court, to the collector. **110. Prosecution of landholder for illegal exaction.—If a landholder or his agent collects from a** tenant any lag or neg, he shall be deemed to have committed an offence of extortion within the meaning of the Indian Penal Code (Act XLV of 1860). **111. Compensation for exaction by landholder and for false complaint by tenant.—(1) If a** landholder compels his tenant to render any service, or makes use of any cattle or any agricultural implement of his tenant against the will of such tenant, whether for remuneration or not, the sub-divisional officer shall, on the application of the tenant made within one month of such service or use and on the charge being established, award to the tenant a sum, not exceeding one hundred rupees, as compensation. (2) If, as a result of inquiry, the sub-divisional officer finds that the complaint is false, and either vexatious or frivolous, he shall award to the landholder a sum, not exceeding one hundred rupees, as compensation. (3) After deciding the case, the sub-divisional officer shall submit the record for confirmation of the order passed by him to the collector. **112. Penalty for habitual infringement of rights of tenant.—If a landlord habitually infringes the** rights of a tenant under this Act, he shall, notwithstanding anything in section 7 of the Ajmere Government Wards Regulation, 1888 (I of 1888), be deemed to be a “landlord who is disqualified to manage his own property” within the meaning of section 6 of the said Regulation and his property shall be liable to be taken under the superintendence of the Court of Wards. 36 ----- **113. Penalty for illegal entry on a holding.—(1) A tenant against whom an order of ejectment from** a holding or any portion thereof has become final and who re-enters into or remains in occupation of such holding or such portion, as the case may be, without the written, consent of the person entitled to admit him as tenant, shall be deemed to have committed an offence of criminal trespass within the meaning of the Indian Penal Code (Act XLV of 1860). (2) If a landholder enters upon a holding in the possession of a tenant with the object of dispossessing him of such holding, otherwise than under the provisions of this Act, such landholder shall be deemed to have committed an offence of criminal trespass within the meaning of the Indian Penal Code. (3) Where a person is convicted of such offence and it appears to the court convicting him that the tenant or the landholder has, by reason of anything done in the course of the commission of the offence, been dispossessed of any land, the court shall order such tenant or landholder to be reinstated in such land. **114. Compensation, how realisable.—Any compensation awarded under this Chapter shall be** recovered as arrears of revenue and paid to the person entitled. CHAPTER XI GRANTS **115. Exemption of muafidar.—The provisions of this Chapter shall not apply to a muafidar.** **116. Interpretation.—(1) A rent-free grant means a grant by a landlord of a right to hold land** rent-free with or without consideration. (2) A grant of land at a favourable rate of rent means a grant held at a rent which, at the time when such grant was made, was below the rent generally payable by a tenant-at-will for land of the same class in the neighbourhood. (3) A village service grant means a grant made rent-free or at a favourable rate of rent on condition of rendering any service to the village community. **117. Grant which cannot be resumed.—(1) No claim shall be entertained for the resumption of** a grant— (a) in khalsa area, if such grant has been held from a date prior to 1818; or (b) in any other part of the State, if such grant has been held from a date prior to 1874; or (c) which is hereditary and was made out of personal regard for the grantee or in lieu of his past services and loyalty to the grantor and big family; or (d) which is held unconditionally; or (e) which is not resumable under the terms of the grant; or (f) to a charitable institution or for the maintenance of a sacred building so long as such institution or building exists. (2) A holder of a grant to which clause (a), (b), (c), (d) or (e) of sub-section (1) applies and who has continuously been in possession thereof for twenty-five years immediately before the commencement of this Act, may, on an application made within one year of such commencement and on payment of compensation adjudged under sub-section (3), be declared a _biswadar of such grant and shall, on such_ declaration, be liable to pay such revenue as may be fixed thereon. (3) The compensation to be paid under sub-section (2) shall be four times the annual rental value of such grant, calculated at sanctioned rates applicable to hereditary tenants. (4) On a declaration being made under sub-section (2), the sub-tenant, if any, of such grant shall become a hereditary tenant thereof. 37 ----- (5) When land revenue is fixed on a grant in respect of which a declaration is made, the proprietor of such grant shall as prescribed be entitled to claim reduction in the revenue payable by him by an amount equal to the amount of revenue fixed under sub-section (2). **118. Grounds on which certain grants may be resumed.—Subject to the provisions of section 117,** a landlord may apply for the resumption of a grant— (i) in case of a grant held for the performance of religious service, on the ground— (a) that the object for which the grant was made has ceased to exist; or (b) that the grantee has died, leaving no heir entitled to succeed him under the law applicable to the deceased; or (c) that the grantee has ceased to render the service which he is bound to render; (ii) in case of a grant for the performance of secular service, on the ground that the landlord no longer requires such service or the grantee has ceased to render such service; (iii) in case of a village service grant, on the ground that the grantee has ceased to render the service; (iv) in case of a grant held for the life-time of the grantee or for a term, on the ground that the grantee has died or the term has expired, as the case may be; (v) in case the grant is held at the pleasure of the grantor, on the ground that it is so held; (vi) in case of a grant to which the provisions of clause (f) of section 117 apply, on the ground that the institution or the building has ceased to exist. **119. How to deal with resumable grant.—If the trial court finds on Inquiry that the grant is** resumable under section 118, it shall— (i) in a case to which the provisions of sub-clause (a) or (b) of clause (i), or clause (ii), (iv), (v) or (vi) of section 118 apply, declare the person in possession— (a) a hereditary tenant if, on the date of the application for resumption, such person has been in continuous occupation of such grant for twelve years or more; or (b) as holding without title, if the period of his occupation on such date is less than twelve years, and order his ejectment from such grant; and (ii) in a case to which the provisions of sub-clause (c) of clause (i) or clause (iii) of section 118 apply, order the ejectment of the grantee and appoint a suitable successor in office with or without the consent of the landlord, as the court deems fit. **120. Application of certain Chapters and sections to grantees.—(1) A grantee may—** (i) obtain a declaration of his status; (ii) make improvements and claim compensation therefore; (iii) plant trees; (iv) claim reinstatement in his holding, if wrongfully dispossessed; and (v) eject a person taking or retaining possession of his land in contravention of the provisions of this Act and claim damages— and the respective provisions of the Act relating to such matters shall, mutatis mutandis, apply to him as they apply to a hereditary tenant. (2) The provisions of Parts II and III of Chapter VIII and of section 62 and sections 108 to 110 and sections 164 to 168 shall, mutatis mutandis, apply to a grantee at a favourable rate of rent as they apply to a hereditary tenant. 38 ----- (3) The provisions of sections 88, 89 and 111 and of Chapters XIV and XV, so far as they are applicable, shall apply to a grantee as they apply to a hereditary tenant. (4) The amount of a decree for arrears of rent passed against a grantee at a favourable rate of rent, if not satisfied within four months of the date on which such decree becomes final, shall, on an application to the tahsildar, be recovered under sections 88 and 89 as if it were a sum due on account of sayar and paid to the person entitled. **121. Grants, how far transferable.—(1) Except as otherwise provided in sub-section (2), no grantee** shall transfer by sale, mortgage, gift or otherwise his interest in a grant which is liable to resumption under the provisions of this Act. (2) No grantee shall let the whole or any portion of his holding for a term exceeding three years, or within three years of any portion of such holding being held by a sub-tenant. **122. Void transactions.—A transaction by which a grantee transfers or lets his holding or a portion** thereof in contravention of the provisions of section 121 shall be void. **123. Power to hear cases of grantees.—An application under section 117, 118 or 120, shall be** entertained, heard and decided by the sub-divisional officer who shall submit the record of the case for confirmation of the order or the decree passed by him to the collector. CHAPTER XII PREPARATION OF RECORD-OF-RIGHTS AND DETERMINATION AND MODIFICATION OF RENT AND RENT-RATES **124. Applicability of Part III.—No notification under sub-section (3) of section 1 shall be made in** respect of Part III of this Chapter, unless, in the area to which such part is applied, rent-rates have been determined and the record-of-rights has been framed in accordance with the provisions of this Chapter: Provided that if the Chief Commissioner is satisfied that in such area the rent-rates determined in the year of settlement and the record-of-rights framed in such year and maintained since are reliable, he may accept such rent-rates, with or without modification, and such record-of-rights, as framed and determined in accordance with the provisions of this Chapter. PART I.—Preparation and maintenance of maps and records **125. Power to form and alter Patwaris circles.—The collector may, with the previous sanction of** the Chief Commissioner, divide the area of the State into _mahals, thoks or other convenient units, and_ arrange them into girdawars’ and patwaris’ circles and may alter the number and limits of such circles, but no such division, arrangement or alteration shall be final unless it has been sanctioned by the Chief Commissioner. **126. Appointment of** **_patwaris.—The collector shall appoint a_** _patwari to each circle for preparing_ and maintaining the record-of-rights and registers specified in this Act and for performing such other duties as the Chief Commissioner may prescribe. **127. Appointment of girdawars.—The collector shall appoint one or more girdawars in each tahsil** for the proper supervision, maintenance and correction of the annual registers and records, and for such other duties as the Chief Commissioner may prescribe. **128. Cadre and pay of** **_girdawars and_** **_patwaris.—The Chief Commissioner may fix the cadre,_** grades and pay of girdawars and patwaris and other staff required for the preparation and maintenance of the record-of-rights. **129. Girdawars and patwaris to be public servants.—Every girdawar and patwari shall be deemed** to be a public servant within the meaning of the Indian Penal Code (Act XLV of 1860). **130. Maintenance of maps and fieldbooks.—The collector shall maintain a map and a field book of** each village in the State and shall cause annually, or at such longer intervals as may be prescribed, to be recorded therein all changes in the boundaries of each village, mahal or field, and shall correct any error in such map or field book. 39 ----- **131. Obligation of owners as to boundary marks.—(1) Every landlord of a village, mahal or field** is bound to maintain and keep in repair the permanent boundary marks and the collector may at any time order such landlord— (a) to erect proper boundary marks on such village, mahal or field; or (b) to repair or renew, in such form and with such material as he may order all such boundary marks. (2) If such order is not complied with within thirty days from the communication thereof, or such longer period as the collector may allow, he shall cause such boundary marks to be erected, repaired or renewed, and shall recover the charges incurred from the landlord concerned as arrears of revenue. (3) Survey marks shall, as prescribed, be maintained and kept in repair by the collector. **132. Record-of-rights.—(1) There shall be a record-of-rights for each village, or if a mahal or other** unit formed under section 125 consists of two or more villages or portions of villages, the record may be prepared for each such village or portion separately. (2) The record-of-rights shall include the following documents:— (i) a khewat which shall comprise— (a) a register of all the proprietors in the village, including the proprietors of specific areas, and, in estates mentioned in the Second Schedule, maintenance-holders; and (b) a register of jagirdars and muafidars. (ii) a _khatauni which shall be a register of persons cultivating or occupying land as tenants or_ otherwise; and (iii) a wajib-ul-arz which shall be a record of customs obtaining in the State or any part thereof. _Explanation.—In this section the word “proprietor” shall include a person in possession of_ proprietary rights under a mortgage or lease. **133. Contents of certain registers.—The registers specified in clauses (i) and (ii) or sub-section (2)** of section 132 shall specify the nature and extent of the interest of each person recorded therein and shall be prepared in the prescribed form. **134. Registers of revenue-paying, revenue-assigned and revenue-free villages.—The collector** shall prepare and maintain— (a) a register of all revenue-paying villages, mahals, thoks or other units, specifying the revenue assessed on each and the person by, or through whom it is payable; and (b) a register of all revenue-free and revenue-assigned villages and areas, specifying the authority and conditions for exemption or assignment as the case may be. **135. The annual registers.—(1) The collector shall be responsible for maintaining the** record-of-rights specified in clauses (i) and (ii) of sub-section (2) of section 132, and, for that purpose, shall annually, or at such longer intervals as may be prescribed, cause to be prepared an amended set of such registers, and the registers so prepared shall be called annual registers. (2) The collector shall cause to be recorded in the annual registers all changes that may take place as a result of succession or transfer or otherwise, and shall correct any error in such registers. (3) No entry in the _wajib-ul-arz_ shall be altered except as a result of inquiry in any settlement or record operations in the State. **136.** **Obligation** **to** **furnish** **information** **necessary** **for** **compilation** **of** **certain** **record-of-rights.—(1) Every person, obtaining possession by succession or transfer of any proprietary or** other right which is required by this Act or any rule made thereunder to be recorded in any register prescribed by clause (i) or clause (ii) of sub-section (2) of section 132, shall report such succession or transfer to the prescribed authority. If such person is a minor or otherwise disqualified, the guardian in charge of his property shall make such report. 40 ----- (2) Every such person, or, if he is a minor or otherwise disqualified, his guardian, shall furnish, on the requisition of the patwari, _girdawar or any other officer or employee of the revenue department, engaged_ in compiling such register, all information necessary for the correct compilation thereof. (3) No revenue court shall entertain any application under this Act by the person so succeeding or otherwise obtaining possession, until such person, or, if he is a minor or otherwise disqualified, his guardian, has made a report required by this section. _Explanation.—In this section, the word “transfer” shall include a family settlement._ **137. Decision of disputes.—All disputes affecting the entries in the annual registers shall be decided** in the following manner:— (i) those relating to entries to be made in the khewat, on the basis of possession or, if possession is doubtful, on the basis of summary inquiry into the question of title; (ii) those relating to class or tenure of any tenant, the rent payable by him or any other matter to be recorded in the khatauni, in accordance with the provisions of this Act and the terms of the lease, if any, so far as they are consistent with such provisions; and (iii) those relating to boundaries, on the basis of the survey map, and in case one was not prepared or is not available, on the basis of actual possession. **138. Inquiry into cases.—(1) Contested cases relating to entries in the annual registers and to** boundary disputes shall be heard and decided by the sub-divisional officer who shall submit the record of the case for confirmation of the order passed by him to the collector. (2) Uncontested cases shall be disposed of by the tahsildar. **139. Certain decisions, no bar to civil suit.—No entry made or order passed under section 138,** relating to entries in the _khewat, or to boundary disputes, shall debar any person from establishing his_ right to any property in a court of competent jurisdiction. **140. Value of entries and decisions in contested cases.—Subject to the provisions of section 139,** the decision given under sub-section (1) of section 138 shall be binding on the parties to the dispute and an entry made in the khewat or khatauni under the order of the sub-divisional officer or the collector in a contested case shall be presumed to be correct until the contrary is proved. **141. Appointment and punishment of lambardars and patels.—The collector may appoint one or** more lambardars or patels in a village, mahal or thok and may suspend, remove or dismiss them. PART II. —Record and rent-rate operations and the appointment of officers **142. Record and rent-rate operations.—(1) The Central Government may, by notification in the** official Gazette, order that in any estate mentioned in the Second Schedule or group of such estates or in any other area of the State, a preparation or revision of the record-of-rights or survey or re-survey, or the determination of rent-rates for any class or classes of soils, or some or all of these operations be taken in hand, whether by revision of the most recent records and rent-rates or otherwise, and may appoint an officer as a record officer or rent-rate officer to be in charge of record or rent-rate operations, as the case may be, and as many assistant record officers as it deems fit. (2) From the date of the notification every such estate or group of estates or other area shall be held to be under record, or rent-rate operations or both, as the case may be, until the issue of another notification, declaring such operations to be closed therein. **143. Powers of the record officer, assistant record officer and rent-rate officer.—(1) For such** period and to such extent as he deems fit, the Chief Commissioner may empower the record officer or the rent-rate officer— (i) to perform the duties and exercise the powers of a collector under Part I of this Chapter; and (ii) to commute, abate, enhance and determine rents in accordance with the provisions of Part III of this Chapter in any area to which such Part has been applied. 41 ----- (2) An assistant record officer shall exercise such powers of the record officer or any other revenue court as the Chief Commissioner may, by order in writing, specify, and shall submit the record of cases decided by him to the record officer for confirmation. **144. Sanctioned rates.—The sanctioned rates shall be the rates determined under this Part:** Provided that if in any part of the State such rates have not been determined, a revenue court requiring the use of such rates, otherwise than for deciding abatement, enhancement or commutation of rent cases, shall in the manner prescribed work out appropriate rates after making local inspection and considering the rent generally payable by tenants of the same class for land of the same class in the vicinity, and the rates so worked out shall be deemed to be the sanctioned rates. **145. Duration of rent-rates.—When rent-rates are determined for any area, they shall not, unless the** Central Government otherwise directs, be determined again until a period of not less than twenty years has elapsed. _Procedure in determining cash rent-rates_ **146. Circle and soil classification.—(1) If, any estate or group of estates or any other area for which** rent-rates in money are to be determined, has not been divided into assessment circles, or, if classification of the soil thereof has not been made, or if the Central Government orders a revision of the existing circles or soil classification or both, the rent-rate officer shall make circles and classify she soils, and shall propose rent-rates for each class of soil in each circle. (2) If such estate, group of estates or area has previously been divided into assessment circles, the rent-rate officer shall propose separate rates for each circle, and for each separate class of soil previously demarcated therein, unless, by order of the Central Government, the circles or the classification of soils, or both are revised by him. **147. Basis of rates for hereditary tenants.—(1) The rates proposed by the rent-rate officer for** hereditary tenants shall be based on genuine and stable rents paid by such tenants. (2) In proposing rates in accordance with sub-section (1), the rent-rate officer shall have regard to the provisions of sections 63 and 64 and shall, before framing his proposals, take into consideration— (a) the value of the produce with a view to seeing that the valuation of the holdings of hereditary tenants at the proposed rates does not exceed one-fifth of such value; (b) the prices of agricultural produce prevailing in the main markets of the neighbourhood; (c) the changes in the crops grown and in the amount of the produce; (d) the rotation of crops and periods of rest which tenants usually allow to land; (e) the average size of holdings in the circle and methods of cultivation; (f) the results of crop-cutting experiments in the local area for which rates are proposed and in the different parts of the State generally; (g) the level of bighori rates, if payable in any particular area in respect of certain crops; and (h) such other matters as generally affect rents payable by tenants. (3) In proposing rates for occupancy and exproprietary tenants, the rent-rate officer shall have regard to the scale of rents prescribed for such tenants in relation to the scale of rent payable by hereditary tenants under sections 63 and 64. (4) The rent-rate officer shall also record for each village whether the rates proposed by him are applicable without modification to the village as a whole or to a specified area or class of soil therein, and in case they require modification, the extent of such modification; and, in their application to such village, area or class, the rates shall be deemed to be modified accordingly. 42 ----- **148. Provision for rates in special cases.—The rent-rate officer shall propose rates for the** commutation of— (a) rent paid by batai, or partly by batai and partly by bighori, into fixed money rent; and (b) rent paid by batai into bighori at current rates. **149. Procedure in publishing and sanctioning rates.—(1) The rent-rate officer shall publish, in** such manner as may be prescribed, the proposals and records made by him under sections 147 and 148 and shall receive and consider any objection which may be made to him. (2) When such objections, if any, have been considered and disposed of, the rent-rate officer shall submit the proposals and records made by him after such modification, if any, as he may deem fit, to the Chief Commissioner. (3) On receipt of the proposals, the Chief Commissioner may direct further inquiry into any of the matters contained therein and shall, if satisfied that such proposals have been rightly framed, submit them to the Central Government for acceptance. (4) The Central Government shall either sanction the proposed circles, soil classification, rates and other matters recorded under sections 147 and 148, or may, for reasons to be recorded, sanction them with such modification as it deems fit, and the rates so sanctioned shall be sanctioned rates. **150. Civil suit relating to record-of-rights and certain other matters barred.—Subject to the** provisions of section 139, no suit shall be brought in any civil court in respect of any matter concerning the entries in, or preparation of, a record-of-rights, the framing, publication, signing or attestation of such record or of any part of it, or the determination of rent-rates under the provisions of this Chapter. PART III.—Commutation, abatement, enhancement, and determination of rent **151. Commutation of rent from kind to cash.—(1) Where an occupancy, an exproprietary or a** hereditary tenant has heretofore paid his rent by bighori or batai, or partly by bighori and partly by batai, he may apply for the commutation of such rent to a fixed money rent: Provided that in an area where rents are paid by bighori for some crops and by batai for others, the tenant may elect to have that portion of the rent which is payable by batai alone commuted into bighori on the basis of sanctioned rates appropriate to him, and in such case the court shall commute that portion which is payable by batai by fixing a rate of rent per bigha for batai crops grown on the holding. **152. Commutation of rent from cash to kind.—Where the rent of an occupancy, an exproprietary** or a hereditary tenant has been commuted under section 151, he may, subject to the provisions of clause (ii) of section 161, apply that the rent of such holding be declared as payable by _batai in_ accordance with the provisions of sections 63 and 64, or, if before commutation it was payable partly by _bighori and partly by batai, in the manner it was payable before such commutation, and the court shall_ make such declaration. **153. Grounds of abatement of fixed money rent.—The fixed money rent or the bighori, determined** under section 151, of an occupancy, an exproprietary of a hereditary tenant shall be liable to abatement on one or more of the following grounds:— (a) that the rent payable by the tenant is substantially greater than the rent calculated at the sanctioned rates appropriate to him; or (b) that the productive power of the land held by the tenant has decreased by any cause beyond the control of the tenant during the currency of the present rent; or (c) in case of fixed money rent, that the area of his holding has been decreased by diluvion, or by the taking up of land for a public purpose, or for a work of public utility. 43 ----- **154. Ground of enhancement of fixed money rent.—The fixed money rent of the** _bighori,_ determined under section 151, of an occupancy, an exproprietary or a hereditary tenant, shall be liable to enhancement on one or more of the following grounds:— (a) that the rent payable by the tenant is substantially less than the rent calculated at the sanctioned rates appropriate to him; or (b) that the productive power of the land held by the tenant has increased by an improvement effected by, or at the expense of, the land holder, other than a work in respect of which irrigation dues are payable under section 87 or which is carried out under the scheme sanctioned by the Central Government under section 5 of the Delhi and Ajmer-Merwars Land Development Act, 1948 (LXVI of 1948); or (c) in case of fixed money rent, that the area of the holding has been increased by alluvion. **155. Order for determination, commutation or variation of rent, when to take effect.—Except as** otherwise provided in sub-section (3) of section 163, every order for abatement, enhancement, commutation or determination of rent shall take effect from the commencement of the agricultural year, next following the date of such order. **156. Joinder of parties in cases relating to variation of rent.—(1) An application for commutation,** abatement or enhancement of rent may be made against, or by, any number of tenants collectively: Provided that all such tenants are tenants of the same landholder, and all the holdings in respect of which the application is made are situated in the same village. (2) No order shall be passed in any such proceeding affecting the interest of any person, unless the court is satisfied that he has had an opportunity of being heard. (3) The order shall specify the extent to which each of the holdings is affected thereby. **157. Determination of rent on partial ejectment.—When a tenant is ejected under an order of a** court from a part only of his holding which is assessed to fixed money rent, or being entitled to surrender a part of such holding legally surrenders such part, either he or his landholder may apply for the determinations of the rent of the remainder. **158. Rent, how calculated for commutation, variation or determination.—Subject to the** provisions of sections 160 and 163, when rent is to be determined or commuted into fixed money rent, or the fixed money rent or the bighori determined under section 151 is to be abated or enhanced, the court shall calculate the rent— (a) in the case of hereditary tenants, in accordance with the rates sanctioned for hereditary tenants; and (b) in case of occupancy and exproprietary tenants, in accordance with rates which shall conform to the scale prescribed for such tenants in relation to hereditary tenants under the provisions of sections 63 and 64: Provided that, for special reasons to be recorded, the court may modify the sanctioned rates applicable to any particular case, and it shall modify such rates if it finds that, as a result of their application, the rent arrived at on commutation, abatement, enhancement or determination, as the case may be, is substantially different from the money value of the rent payable by the same class of tenants under the provisions of sections 63 and 64. **159. Meaning of “substantial” in certain sections.—For the purposes of sections 153, 154 and 158** a difference of ten per cent. or more shall be deemed to be substantial. **160. Basis of variation of rent in certain cases.—(1) In any proceedings for abatement of fixed** money rent on the ground that the area of the holding has decreased by diluvion or by the taking up of land for a public purpose or for a work of public utility, or under the provisions of section 37, or for enhancement on the ground that the area of the holding has increased by alluvion, the court shall abate or enhance the rent with reference to the existing rent and the decrease or increase in the area of the holding. 44 ----- (2) In any proceedings for enhancement of fixed money rent or the _bighori determined under_ section 151 on the ground that the productive power of the holding has increased by an improvement effected by, or at the expense of, the landholder or for abatement of rent on the ground that such power has decreased by any cause beyond the control of the tenant, the court shall enhance or abate the rent with reference to the existing rent and the increase or decrease of the productive power. (3) In an application for the determination of the fixed money rent of a portion of a holding under section 157, the court shall determine the rent with reference to the rent payable before ejectment or surrender and the loss of area due to such ejectment or surrender. **161. Period for which rent is not liable to modification.—Save as provided in section 163, when** the rent of an occupancy, an exproprietary or a hereditary tenant has been commuted, abated or enhanced in accordance with the provisions of this Act, it shall not be liable to be commuted, abated or enhanced unless— (i) in case of abatement or enhancement of rent— (a) the revenue payable by the landlord has been revised; or (b) there has occurred a decrease or increase in the productive power or the area of the land held by the tenant, as provided in clauses (b) and (c) of sections 153 and 154; or (c) the sanctioned rates have been altered; and (ii) in case of commutation of rent, a period of three years, or such longer period as may have been extended under section 83, has elapsed since the date of the last commutation order. **162. Applications for variation of rent, by whom to be entertained.—(1) Save as provided in** sub-sections (2) and (3), all applications for commutation, abatement, enhancement or determination of rent shall be made to, and heard and decided by, the sub-divisional officer who shall submit the record of the case for confirmation of the order passed by him to the collector. (2) When any area is under rent-rate operations, or when rent-rates have been determined under this Act for any area, or accepted under the proviso to section 124 and such area is placed under record operations, all such applications relating to such area shall be filed in the court of the rent-rate officer or the record officer, as the case may be. (3) If such application is heard and decided by the rent-rate officer or the record officer, the record of the case shall be submitted for the confirmation of the order passed by him to the Chief Commissioner. CHAPTER XIII EXTRAORDINARY AND EMERGENCY PROVISIONS **163. Provision of rent and revenue in an emergency.—(1) Notwithstanding anything in this Act or** in any other law for the time being in force, when the Central Government is satisfied that an emergency has arisen in any area, it may appoint to such area an officer of the grade of an assistant commissioner and invest him with all or any of the following powers:— (a) the powers of a rent-rate officer and a record officer; (b) if sanctioned rates have not been determined or have not been accepted under the proviso to section 124 for such area, powers to commute, abate, enhance or determine rents summarily otherwise than in accordance with such rates; and (c) powers to revise revenue assessed on any estate, _mahal, village or thok in which rents have_ been commuted, abated, enhanced or determined under this Chapter. (2) If, as a result of any order passed by the officer appointed under sub-section (1), the assets of any estate or area are increased or decreased, such officer shall increase or decrease, as the case may be, the revenue of such estate, village, mahal or thok in the proportion which such increased or decreased assets bear to the assets before such increase or decrease. 45 ----- (3) Every order passed by such officer in exercise of the powers conferred on him under sub-section (1) shall be submitted for confirmation to the collector or such other officer as the Chief Commissioner may, by order, specify and shall take effect from such date as the officer passing it or the confirming court may direct. **164. Remission or suspension of rent in agricultural calamities.—(1) On the occurrence of an** agricultural calamity, affecting the crops of any village or area, the Central Government or any authority empowered by it in this behalf, may remit or suspend for any period the whole or any portion of the rent payable by a tenant in respect of any holding affected by such calamity. (2) When the Central Government or such authority remits or suspends rent, it shall remit or suspend for a like period the whole or portion of tie revenue assessed on such village or area. **165. Bar to collection of rent remitted or suspended.—No landholder shall collect, under the** provisions of this Act or otherwise, any rent the payment of which has been remitted or, during the period of suspension, any rent the payment of which has been suspended under section 164. **166. Period of suspension to be excluded in computing period of limitation.—When the payment** of rent has been suspended in accordance with the provisions of section 164, the period during which the suspension continues shall be excluded in computing the period of limitation under this Act for the recovery of such rent. **167. Remission for calamity by court decreeing claim for arrears.—(1) If it Appears to a court** passing a decree for arrears of rent that the area of the holding was so decreased by diluvion or otherwise, or that the produce thereof was so diminished by drought, hail, pests, deposit of sand or other like calamity during the period for which the arrears are claimed, or that the full amount of rent payable by the tenant for that period cannot be equitably decreed, it may, with the sanction of the collector, allow such remission from the rent payable by the tenant for that period as it deems fit. (2) The court allowing such remission shall submit the record of the case for confirmation of the order passed by it to the collector. (3) No remission made under this section shall be deemed to vary the rent payable by the tenant otherwise than for the period in respect of which such remission was made. (4) When remission of rent is granted in accordance with the provisions of this section, the collector shall, on the application of the landlord, grant a remission of revenue in proportion to the rent remitted for the corresponding area belonging to the same landlord. **168. Jurisdiction of certain courts excluded in cases of remission and suspension of rent or** **revenue.—Except as provided in this Act, an order for revision, remission or suspension of rent or** revenue passed under this Chapter shall not be called in question in any court. CHAPTER XIV PROCEDURE AND JURISDICTION OF COURTS _General provisions_ **169. Cases cognizable by revenue courts.—A case which is cognizable by a revenue court under** this Act shall be heard and decided by such court, and no court other than a revenue court shall, except as provided in this Act, hear or decide any such case, or any suit or application based on a cause of action in respect of which relief could be obtained in a revenue court. _Explanation.—If the cause of action is one in respect of which relief might be granted by the revenue_ court, it is immaterial that the relief asked for from the civil court is different from, greater than, or additional to, that which the revenue court could have granted. **170. Procedure of revenue courts.—The Chief Commissioner may frame rules for regulating the** procedure of revenue courts and may, in doing so, extend or apply any provisions of the Code of Civil Procedure, 1908 (V of 1908), with or without modification: 46 ----- Provided that until such rules are framed and, subject to them when framed, the provisions of the Code of Civil Procedure, 1908 (Act 5 of 1908), shall, except when they are inconsistent with anything in this Act, or relate to special suits or proceedings outside the scope of this Act, apply, in so far as they are applicable, to proceedings under this Act. **171. Application of Indian Limitation Act, 1908.—Sections 4, 5 and 12, sub-section (2) of** section 14 and sub-sections (1) and (2) of section 17 of the Indian Limitation Act, 1908, shall apply, _mutatis mutandis, to applications and other proceedings under this Act._ **172. Limitation in cases under this Act.—Except as provided in section 171, no application under** this Act shall, if the period for filing it is specified therein, be filed after the expiry of such period. **173. Payment of court-fees under this Act.—(1) No court-fee shall be payable when the first** application is filed by a party to any proceeding under this Act. (2) Any second or subsequent application made in the course of the same proceeding shall bear a court-fee stamp of four annas only: Provided that when, under this Act, any sum is collected by a revenue court as arrears of revenue or as sayar on behalf of an applicant or a party to a proceeding, or when the amount of a decree is paid into court under section 98, such court shall, notwithstanding anything in this Act, before making payment to the person entitled, deduct seven and a half per cent. of the amount so collected or paid into court as court-fee and pay the balance to such person: Provided further that if in any case, after issues have been framed and any evidence has been recorded, the first application is dismissed or withdrawn, the trial court or the confirming court, as the case may be, shall assess the amount of the court-fee which, but for the provisions of sub-sections (1) and (2), the applicant would have been liable to pay under the Court-Fees Act, 1870 (7 of 1870), as applied to the State, deduct the amount, if any, paid as court-fee under sub-section (2) and recover the balance as arrears of revenue. _Subordination of courts_ **174. Subordination of courts.—(1) All revenue courts in the State shall be subordinate to the Chief** Commissioner. (2) All revenue courts specified in sub-clauses (iv) to (viii) of clause (35) of section 4 shall be subordinate to the collector, and the revenue courts specified in sub-clauses (vi) to (viii) of the said clause shall be subordinate to the sub-divisional officer of the area within which they exercise jurisdiction. (3) An assistant record officer shall be subordinate to the record officer. _Powers of courts and places for holding courts_ **175. Place of sitting of revenue courts.—(1) A revenue court mentioned in sub-clause (i), (ii) or (iii)** of clause (35) of section 4 and, subject to the orders of the collector, a revenue court mentioned in sub-clause (v) of the said clause may hear and dispose of cases at any place within the State. (2) A sub-divisional officer may hold his court at any place within his sub-division or, with the sanction of the collector, in any other part of the State. (3) A tahsildar or a naib-tahsildar may hold his court at any place within his tahsil. (4) A revenue court, mentioned in clause (a) or (b) of section 180, may sit in any part of the State specified by the collector. **176. Chief Commissioner’s power to confer powers.—The Chief Commissioner may, by** notification in the Official Gazette, confer on an assistant commissioner or a sub-divisional officer all or any of the powers of a collector under this Act to be exercised in respect of such cases or class of cases or such other matters as may be specified in such notification. **177. Collector’s power to place assistant commissioner in charge of sub-division.—(1) The** collector may place any assistant commissioner in charge of a sub-division and may remove him therefrom. 47 ----- (2) The assistant commissioner so placed in charge shall be sailed a sub-divisional officer and shall, subject to the control of the collector, exercise all the powers conferred, and discharge all the duties imposed, upon the sub-divisional officer by this Act, or any rules made thereunder. **178. Collector’s powers to authorise certain courts to entertain and dispose of** **applications.—The collector may, by order in writing, empower—** (a) an assistant commissioner to entertain and decide applications, and to receive and dispose of cases submitted for confirmation of a decree or an order passed by a tahsildar, which a sub-divisional officer is empowered under this Act to entertain, decide, receive or dispose of; and (b) a _naib-tahsildar_ of not less than three years standing, to entertain and dispose of such applications as a tahsildar is empowered under this Act to entertain and dispose of. **179. Powers of revenue courts to refer cases for investigation and report.—Any revenue court** may refer any case which it is empowered to dispose of to any revenue court subordinate to it for investigation and report. **180. Powers of Chief Commissioner to create** **_shamlat committee and courts.—The Chief_** Commissioner may— (a) create an honorary court and invest it with powers to hear and dispose of cases which a _tahsildar may hear and dispose of under the provisions of this Act;_ (b) establish a _punchayat in any village or group of villages of the State, and invest such_ _punchayat with powers to hear and dispose of cases which a tahsildar may hear and dispose of under_ the provisions of this Act, and to perform such other duties as may be prescribed; (c) sanction the creation of a shamlat committee in any village or town which has at least three hundred acres of stable land as shamlat deh; and (d) define the jurisdiction of the courts created or established under clause (a) or (b) of this section and provide for submission of the cases decided by them for confirmation to courts specified by him: Provided that no court so created or established under clause (a) or (b) shall hear or decide a case if such court or a member thereof is interested in the result of such case: Provided further that if, at the commencement of this Act, there exists a _shamlat_ committee in any village or town to which the provisions of clause (c) apply, the Chief Commissioner may recognise such committee as one created under this section. _Confirmation of orders_ **181. Decree or order to be final in certain circumstances.—Subject to the provisions of** sections 185, 186 and 187, a decree or an order which is not required by this Act to be submitted to a confirming court shall be final. **182. Submission to confirming court.—When, under the provisions of this Act, a revenue court is** required to submit the record of a case to a confirming court, it shall not comply with such provisions— (i) unless any of the parties to such case has, within seven days of the decree or the order passed therein, made an application bearing a court-fee stamp of the value of two rupees and eight annas to such revenue court, requesting that the record be submitted for confirmation; or (ii) if such decree or order is passed on the admission of a party to the case, or in terms of a compromise; or is based on the award of an arbitrator appointed by the parties; or (iii) if the parties to the case apply in writing that they accept the decree or order as final: Provided that if any party challenges a decree or an order mentioned in clause (ii) on the ground that it does not conform to the compromise or the award, or that it goes beyond it, such court shall, on the application of such party, submit the record to the confirming court. 48 ----- **183. Form of decree or order to be submitted for confirmation.—(1) An order submitted for** confirmation shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. (2) A decree submitted for confirmation shall conform to the order passed and shall be prepared only in cases and in the form prescribed. **184. Procedure for confirmation.—When the record of a case is received by a confirming court and** the provisions of the section under which such, record is submitted do not specify the manner of confirmation, such court shall— (i) call upon each of the parties to file, if he wishes to do so, a written statement setting forth, concisely and under distinct heads, the grounds of objection to the decree or order, numbered consecutively without any argument or narrative; (ii) treat the written statement of the party against whom the decision was given by the trial court as memorandum of appeal, and that presented by the other party as memorandum of cross-objection; and (iii) after hearing the parties or such of them as appear before him, pass an order which a court of appeal may pass under the provisions of Order 41 of the Code of Civil Procedure, 1908 (5 of 1908): Provided that no such written statement shall be entertained on behalf of a party who has not applied for submission of the record under clause (i) of section 182, unless it bears a court-fee stamp of the value of rupees two and annas eight. _Review_ **185. Review by the Chief Commissioner.—The Chief Commissioner may, on his own motion, or on** the application of a party, review any decree or order passed by him and may rescind, vary or confirm it. **186. Review by other courts.—Every other revenue court may review its judgment, order or decree** to correct clerical or arithmetical errors, or errors arising therein from any accidental slip or omission: Provided that no application for review shall be entertained— (a) after the record has been submitted to a confirming court; or (b) if such application cannot be disposed of without recording further evidence. _Revision_ **187. Revision.—(1) The Chief Commissioner or, in respect of a decree or an order passed by a civil** court, the Judicial Commissioner may, on the application of a party, call for the record of any case which is decided by a court subordinate to him and if such subordinate court appears— (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, he may make such order as he thinks fit. (2) An application for revision shall be made within three months of the passing of an order or a decree sought to be revised. _Transfer of cases_ **188. Power to transfer cases.—The collector may, on the application of a party, transfer an** application pending before a subordinate revenue court or a case submitted to such court for confirmation of a decree or an order from such court to any other court of competent jurisdiction: Provided that if the collector refuses to transfer such application or case, he shall submit the record for confirmation of the order passed by him to the chief Commissioner. 49 ----- **189. Power of collector to transfer and withdraw cases.—The collector may—** (a) transfer any case submitted to him or to any subordinate court for confirmation of a decree or an order to any subordinate court of competent jurisdiction; or (b) by order recall to his own court any case pending for confirmation in a subordinate court; or (c) withdraw from any court subordinate to him any case other than a case which is submitted to such court for confirmation, and try such case himself or transfer it to any other subordinate court of competent jurisdiction: Provided that if the collector himself hears and decides any case withdrawn under clause (c) he shall submit the record for confirmation of the order passed by him in such case to the Chief Commissioner. **190. Sub-divisional officer’s power to transfer cases.—A sub-divisional officer may, with the** previous sanction of the collector, transfer any case or class of cases pending before him to any assistant commissioner competent to try such case or class of cases. **191. Power of record officer to transfer and withdraw cases.—A record officer may transfer any** case or class of cases pending before him to any assistant record officer, and may withdraw any case or class of cases from an assistant record officer and try such case or class of cases himself or transfer the same to any other assistant record officer: Provided that if the record officer himself tries any case so withdrawn, he shall submit the record for confirmation of the order passed by him in such case to the Chief Commissioner. **192. Transfer of cases by the district judge.—A district judge may, with the previous sanction of** the Judicial Commissioner, transfer any case submitted to him for confirmation of an order or a decree to an additional district judge or to a subordinate judge, and such additional district judge or subordinate judge shall dispose of such case as if he had the powers of a district judge under this Act. _Question of proprietary right in revenue court_ **193. Dispute as regards ownership of land.—(1) If, in connection with any action taken by a** landlord under clause (iii) of section 9, a dispute arises between him and any other person who claims to have a proprietary interest in the land in respect of which such action is taken, either party may apply to the collector for the decision of such dispute. (2) On the receipt of such application, the collector shall follow the procedure specified in section 38 and the provisions of that section shall, mutatis mutandis, apply to the case. (3) If, in consequence of the order passed by the collector, any loss results to a tenant or to any other person having an interest in the land to which such order relates, the collector shall, before submitting the record of the case to the confirming court, award monetary compensation to such tenant or other person. (4) Any compensation awarded under this section shall be recovered as arrears of revenue and paid to the person entitled. **194. Procedure when plea of proprietary right raised in revenue court.—(1) Except as otherwise** provided in sections 38 and 193, if in any proceeding, other than a proceeding under section 137, a question of proprietary right is raised and such question has net previously been determined by a court of competent jurisdiction, the revenue court shall frame an issue on the question of proprietary right, and submit the record to, the competent civil court for the decision of that issue only. _Explanation_ I.—A plea of proprietary right which is clearly untenable and intended to oust the jurisdiction of the revenue court shall not be deemed to raise a question of proprietary right within the meaning of this section. _Explanation II.—A question of proprietary right does not include the question whether land is_ _khudkasht or niji jot._ (2) The civil court, after refraining the issue, if necessary, shall decide such issue and return the record together with its finding thereon to the revenue court which submitted it. 50 ----- (3) The revenue court shall then proceed to decide the case, accepting such finding and shall, notwithstanding anything in this Act, submit the record to the district judge for confirmation of the order or the decree passed by it. _Question of tenancy right in civil courts_ **195. Procedure when plea of tenancy raised in civil court.—(1) If in any suit relating to** agricultural land instituted in a civil court, any question regarding tenancy right arises and such question has not been previously determined by a court of competent jurisdiction, the civil court shall frame an issue on the plea of tenancy and submit the record to the sub-divisional officer for decision of that issue only. _Explanation.—A plea of tenancy which is clearly untenable and intended only to oust the jurisdiction_ of the civil court shall not be deemed to raise a plea of tenancy. (2) The sub-divisional officer, after refraining the issue, if necessary, shall decide such issue and return the record together with his finding thereon to the civil court which submitted it. (3) The civil court shall then proceed to decide the suit, accepting the finding of the revenue court on the issue referred to it. (4) The finding of the revenue court on such issue shall, for the purposes of appeal, be deemed to be part of the finding of the civil court. _Conflict of jurisdiction_ **196. Reference to Judicial Commissioner.—(1) Where either a civil or a revenue court is in doubt** whether it is competent to try any case, the court may refer such case with a statement of the reasons therefor to the Judicial Commissioner: Provided that if the court is a revenue court subordinate to the collector, no reference shall be made except with the previous sanction of the collector. (2) On any such reference being made, the Judicial Commissioner may order the court either to proceed with the case or transfer such case to such other court as may be declared by him to be competent to try it. CHAPTER XV MISCELLANEOUS PROVISIONS **197. Provision for injunction and appointment of receiver.—(1) If, in the course of any** proceeding under this Act, it is proved by affidavit or otherwise— (a) that any property, tree or crop standing on the land to which such proceeding relates is in danger of being wasted, damaged or alienated by any party to such proceeding, or (b) that any party to such proceeding threatens, or intends, to remove or dispose of the said property, tree or crop to defeat the ends of justice, the revenue court before which any such proceeding is pending may grant a temporary injunction and, if necessary, appoint a receiver. (2) Any person against whom an injunction has been granted under sub-section (1) may offer to give cash security of an amount determined by the court to compensate the other party in case the matter in dispute is decided against such person, and the court may withdraw the injunction on his depositing such security. **198. Cases in which legal practitioners may appear.—A legal practitioner shall be entitled to** appear in any proceeding on behalf of a party before a revenue court under the provisions of this Act in the following cases only and in no others— (i) to file a written statement, and to argue a case, before a confirming court, (ii) to prosecute and defend cases under Chapters IX and X and Part III of Chapter XII, and 51 ----- (iii) to file an application for revision under section 187 and to argue the case before the court hearing such application. **199. Persons who may appear before a revenue court.—A party to a proceeding or his authorised** agent may appear, plead or act before a revenue court. **200. Costs in revenue courts.—A revenue court may allow and apportion the costs of any** proceeding under this Act in any manner it thinks fit, but if it orders that costs shall not follow the event, it shall record its reasons for the order. **201. Power of revenue court to summon persons.—(1) A revenue court may summon any person** whose attendance it considers necessary for the purpose of disposing of any proceeding before it. (2) Unless exempted from personal appearance in court under sub-section (1) of section 133 of the Code of Civil Procedure, 1908 (Act 5 of 1908), a person so summoned shall appear at the time and place mentioned in the summons in person or, if the summons so allows, by his authorised agent. (3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes a statement, and to produce such document and other thing relating to any matter which may be within his power or possession as the court may require. **202. Mode of service of summons or notice.—(1) A summons issued by a court acting under this** Act shall, if practicable, be served (a) personally on the person to whom it is addressed, or failing him on (b) his authorised agent or (c) an adult male member of his family who is residing with him. (2) If service cannot be so made, or if any person mentioned in sub-section (1) refuses to accept service, the summons may be served by posting a copy thereof at the usual or last known place of residence of the person to whom it is addressed, or, if that person does not reside in the _tahsil in which_ such court is held, and the case to which the summons relates has reference to land in that tahsil, then by posting a copy of the summons on some conspicuous place in or near the estate wherein the land is situated. (3) If the summons relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, if the court so directs, be served by delivery of a copy thereof to such of those persons as the court nominates in this behalf and by proclamation or publication in a local paper of the contents thereof for the information of the other persons interested in such case. (4) A summons may, if the court so directs, be served on the person named therein, either in addition to, or in substitution for, any other mode of service, by forwarding the summons by post in a letter addressed to such person under a certificate of posting. (5) When a summons is served in accordance with the provisions of this section, it shall be deemed to have been duly served. (6) For the purposes of this section “summons” shall include a “notice” which a court may issue under this Act. CHAPTER XVI POWER TO MAKE RULES **203. Power to make rules.—(1) The Chief Commissioner may make rules for the purpose of giving** effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) for demarcation of pasture land and niji jot; (b) for the attestation of leases and agreements; (c) for the collection and disbursement of cesses, or assessment and recovery of irrigation dues, and for decision of disputes in respect of them; 52 ----- (d) for the training of patwaris and girdawars; (e) regulating the appointment and transfer of _girdawars and_ _patwaris, and other staff required_ for the maintenance of the record-of-rights, their salaries, qualifications, duties, leave, removal, dismissal or any other punishment; (f) prescribing the form, contents, method of preparation, attestation and maintenance of the record-of-rights, annual registers, maps, field-books, and other records to be kept under this Act; (g) for the erection of boundary and survey marks, and for their repairs and renewals, and for the recovery of costs in respect of such erection, repairs or renewals; (h) for providing the principles on which the part of the holding from which a tenant is to be ejected be determined and for the demarcation of such part; (i) for recording transfers and changes affecting interest in land, whether proprietary or otherwise; (j) regulating the imposition of fines for failure to notify succession or transfer; (k) for the appointment of _lambardars_ and _patels,_ the duties to be performed by them, the remuneration, if any, to be paid to them and for their removal and dismissal; (l) for appeals or other modes of obtaining redress in cases of punishments inflicted on girdawars, _patwaris, and other employees of land records establishment, and on lambardars and patels;_ (m) for the guidance of officers in cases for the determination, enhancement, abatement and commutation of rent; (n) for the guidance of record officers and rent-rate officers; (o) for the remission and suspension of rent and revenue in agricultural calamities; (p) defining the powers of various classes of officers and revenue courts to hear and dispose of cases; (q) for the establishment of honorary courts and village _punchayats and for regulating their_ work; and (r) for collection of fines, compensation, damages or other sums imposed, awarded or ordered to be paid under the provisions of this Act and the rules made thereunder. 1[(s) for the levy of a fee in respect of any application or the grant of any relief under this Act in cases not specifically provided for.] (3) In making any rule the Chief Commissioner may provide that any contravention of such rule shall be punishable with a fine not exceeding fifty rupees. (4) All rules made under this Act shall be published in the Official Gazette and shall also be laid before Parliament, as soon as may be, after such publication. CHAPTER XVII TRANSITIONAL PROVISIONS **204. Reinstatement of tenant ejected before commencement of this Act.—(1) If, between the first** day of June, 1942 and the commencement of this Act, the landlord of an estate mentioned in the Second Schedule had ejected a tenant from his holding, otherwise than in accordance with the Ajmere Land and Revenue Regulation, 1877 (2 of 1877), such tenant may, within [2][nine months] of such commencement, apply to the tahsildar to be reinstated in such holding. (2) An application under this section shall state— (i) the Khasra number and area or other description of such holding and the name and address of the person who is in possession thereof; 1. Ins. by Act 63 of 1950, s. 2 (w.e.f. 1-12-1950). 2. Subs. by s. 3, ibid., for “three months” (w.e.f. 1-12-1950). 53 ----- (ii) if such holding is held by a tenant, the khasra, number and area of other land in the possession of the landlord which may be given to the applicant in lieu of the holding from which he was so ejected; and (iii) such other particulars as may be prescribed. (3) The _tahsildar shall, after hearing the parties and making such other inquiry as he deems fit,_ order— (i) if such holding is in the possession of the landlord, that the applicant be reinstated in such holding; and (ii) if such holding is held by a tenant, that an area of the land mentioned in clause (ii) of sub-section (2) or any other land in the possession of the landlord which is approximately equal in value to the holding from which the applicant was so ejected be allotted to him and demarcated on the spot. (4) If the applicant cannot be reinstated in his holding under clause (i), or allotted other land under clause (ii) of sub-section (3), the _tahsildar shall award to the applicant monetary compensation which_ shall be six times the annual rental value of the holding from which he was so ejected calculated at sanctioned rates applicable to hereditary tenants, recover the amount of such compensation as arrears of revenue and pay it to him. (5) No person shall be reinstated in his holding under this section unless, within such time as may be allowed by the _tahsildar, he pays to the landlord compensation, calculated in accordance with the_ provisions of this Act, for any improvement on such holding made by such landlord. (6) The applicant shall be a hereditary tenant of the land in which he is reinstated or which is allotted to him under this section. (7) The tahsildar shall, after deciding the case, submit the record for confirmation of the order passed by him to the sub-divisional officer. **205. Provision for pending and other cases.—(1) After the commencement of this Act, no court** shall entertain any proceeding for the establishment or enforcement of a claim, prohibited by, or inconsistent with, the provisions of this Act, whether such claim arose before or after such commencement. (2) A proceeding, in respect of any matter covered by this Act, pending in any civil or revenue court at the commencement of this Act shall, notwithstanding anything contained in section 169, be heard and decided by such court in accordance with the corresponding provisions of this Act, and if there is no such corresponding provision, it shall be quashed. (3) Notwithstanding anything contained in this Act, the record of every case in which the proceeding is so quashed shall be submitted for confirmation in accordance with the provisions of section 183 by the court quashing the proceeding to the court to which it is immediately subordinate and the court to which the record is so submitted shall follow the procedure specified in section 184. __________ 54 ----- THE FIRST SCHEDULE _General_ 1. The provisions of this Schedule and the rates of fees specified therein for occupying a house site in the village or for grazing and pasturing animals in the waste land of such village shall apply to tenants other than sub-tenants: Provided that if, at the commencement of the Act, no such fee is charged in any village or estate from the tenants or any class of them or such fee was charged at a rate lower than that entered in this Schedule, such exemption or lower rate, as the case may be, shall continue in force as heretofore. 2. The fees for grazing and occupying a house-site shall be assessed annually by the tahsildar in the manner prescribed. 3. If any person has not paid grazing fee within six weeks of its becoming due, the tahsildar shall, on the application of the landlord, exclude the animals of such person from the waste-land until he has paid up his arrears. _Fee for occupation of house-site_ 4. A landlord shall provide a tenant with a house-site of reasonable dimensions, preferably in the village abadi. _Explanation.—For the purposes of this paragraph “reasonable dimensions” shall ordinarily mean—_ (a) in the case of a tenant who has a residential house in the village, the present site of his house; and (b) in the case of a tenant who has no such house, 800 square yards. 5. No premium shall be charged for providing any house-site, and the fee to be charged therefor shall not exceed one anna per 100 square yards per year. _Grazing fee_ 6. (1) No grazing fee shall be charged for the following classes of animals:— (i) cows; (ii) calves; (iii) bullocks; (iv) he-buffaloes; (v) padis (up to two years of age); (vi) padas; and (vii) kids and lambs: Provided that in bir, cows, calves, bullocks and he-buffaloes shall be allowed to graze on payment of one anna per head per annum and padis and padas on payment of one-half of such rate. (2) A grazing fee at the following rates shall be payable for the other classes of animals:— _Bir_ Other waste land Rs. A. P. Rs. A. P. (i) She-buffaloes 0 12 0 0 3 0 per head per year. (ii) Jhotis (over two years old) 0 6 0 0 1 6 per head per year. (iii) Goats or sheep 0 1 6 _Nil_ per head per year. (iv) Donkeys 0 4 0 _Nil_ per head per year. (v) Ponies 0 4 0 _Nil_ per head per year. (vi) Camels 0 8 0 0 4 0 per head per year. 7. Any dispute arising under this Schedule shall be decided by the _tahsildar who shall submit the_ record of the case for confirmation of the order passed by him to the sub-divisional officer. 55 ----- THE SECOND SCHEDULE _Names of estates_ 1. Binai. 25. Khawas. 2. Sholyan. 26. Sadara. 3. Saholao. 27. Gulgaon. 4. Sarans. 28. Junia. 5. Sawar. 29. Bogla Kalahera. 6. Piplaj. 30. Karonj. 7. Deokheri. 8. Basundni. 9. Chandthali. 10. Chausla. 11. Mehrun khurd. 12. Masuda. 13. Sathana. 14. Sakrani. 15. Lamba. 16. Nagar. 17. Shergarh. 18. Akrol. 19. Lalawas. 31. Deolia Khurd. 32. Manda. 33. Lasaria. 34. Deolia Kalan. 35. Gudha Kalan. 36. Jetpura. 37. Nandsi. 38. Shokli. 39. Arwar. 40. Rammalian. 41. Kaibania. 42. Kharwa. 43. Nasun. 20. Jamola. 44. Bandanwara. 21. Sheopuri. 22. Aaan. 23. Pisangan. 24. Pranhera. 45. Padlia. 46. Jotayan. 47. Kalyanpura. 48. Amargarh. 49. Mehrun. 62. Barli. 56 ----- 50. Kadera. 51. Tiswaria. 52. Sankaria. 53. Nimode. 54. Para. 55. Kodah. 56. Meoda Khurd. 57. Deogaon Baghera. 58. Salari. 59. Govindgarh. 60. Tantoti. 61. Baori. 63. Gcela. 64. Nagelao. 65. Kanai Khurd. 66. Baghsuri. 67. Bubania. 68. Kerote. 69. Kurthal. 70. Kanai Kalan. 71. Manoharpura. 72 Mewaria. 73. Richmalian. 74. Sathan. 57 -----

12-May-1950

43

The Representation of the People Act, 1950

https://www.indiacode.nic.in/bitstream/123456789/1663/5/a1950-43.pdf

central

# THE REPRESENTATION OF THE PEOPLE ACT, 1950 ________ ARRANGEMENT OF SECTIONS _______ PART I PRELIMINARY SECTIONS 1. Short title. 2. Definitions. PART II ALLOCATION OF SEATS AND DELIMITATION OF CONSTITUENCIES _The House of the People_ 3. Allocation of seats in the House of the People. 3A. [Repealed.]. 4. Filling of seats in the House of the People and Parliamentary constituencies. 5. [Omitted.] 6. [Omitted.] _The State Legislative Assemblies_ 7. Total number of seats in Legislative Assemblies and Assembly constituencies. 7A.Total number of seats in the Legislative Assembly of Sikkim and Assembly constituencies. _The Delimitation of Parliamentary and Assembly constituencies Order_ 8. Consolidation of delimitation orders. 8A. Delimitation of Parliamentary and Assembly constituencies in the States of Arunachal Pardesh, Assam, Manipur or Nagaland. 9. Power of Election Commission to maintain Delimitation Order up-to-date. 9A. [Omitted.] 9B. [Omitted.] _The State Legislative Councils_ 10. Allocation of seats in the Legislative Councils. 11. Delimitation of Council constituencies. _Provisions as to orders delimiting constituencies_ 12. Power to alter or amend orders. 13. Procedure as to orders delimiting constituencies. PART IIA OFFICERS 13A. Chief electoral officers. 13AA. District election officers. # 1 ----- SECTIONS 13B. Electoral registration officers. 13C. Assistant electoral registration officers. 13CC. Chief Electoral Officers, District Election Officers, etc., deemed to be on deputation to Election Commission. PART IIB ELECTORAL ROLLS FOR PARLIAMENTARY CONSTITUENCIES 13D. Electoral rolls for Parliamentary constituencies. PART III ELECTORAL ROLLS FOR ASSEMBLY CONSTITUENCIES 14. Definitions. 15. Electoral roll for every constituency. 16. Disqualifications for registration in an electoral roll. 17. No person to be registered in more than one constituency. 18. No person to be registered more than once in any constituency. 19. Conditions of registration. 20. Meaning of “ordinarily resident”. 20A. Special provisions for citizens of India residing outside India. 21. Preparation and revision of electoral rolls. 22. Correction of entries in electoral rolls. 23. Inclusion of names in electoral rolls. 24. Appeals. 25. Fee for applications and appeals. 25A. Conditions of registration as elector in Sangha constituency in Sikkim. PART IV ELECTORAL ROLLS FOR COUNCIL CONSTITUENCIES 26. [Omitted.] 27. Preparation of electoral rolls for Council Constituencies. PART IVA MANNER OF FILLING SEATS IN THE COUNCIL OF STATES TO BE FILLED BY REPRESENTATIVES OF UNION TERRITORIES 27A. Constitution of electoral colleges for the filling of seats in the Council of States allotted to Union territories. 27B. [Omitted.] 27C. [Omitted.] 27D. [Omitted.] # 2 ----- SECTIONS 27E. [Omitted.] 27F. [Omitted.] 27G. Termination of membership of electoral college for certain disqualifications. 27H. Manner of filling of seats in the Council of States allotted to Union territories. 27-I. [Omitted.] 27J. Powers of electoral colleges to elect notwithstanding vacancies therein. 27K. [Omitted.] PART V GENERAL 28. Power to make rules. 29. Staff of local authorities to be made available. 30. Jurisdiction of civil courts barred. 31. Making false declarations. 32. Breach of official duty in connection with the preparation, etc., of electoral rolls. THE FIRST SCHEDULE.—ALLOCATION OF SEATS IN THE HOUSE OF THE PEOPLE. THE SECOND SCHEDULE.—TOTAL NUMBER OF SEATS IN THE LEGISLATIVE ASSEMBLIES. THE THIRD SCHEDULE.—ALLOCATION OF SEATS IN THE LEGISLATIVE COUNCILS. THE FOURTH SCHEDULE.—LOCAL AUTHORITIES FOR PURPOSES OF ELECTIONS TO LEGISLATIVE COUNCILS. THE FIFTH SCHEDULE.—[Omitted.] THE SIXTH SCHEDULE.—[Omitted.] THE SEVENTH SCHEDULE.—[Omitted.] # 3 ----- # THE REPRESENTATION OF THE PEOPLE ACT, 1950 ACT NO. 43 OF 1950 [12th May, 1950.] # An Act to provide the allocation of seats in, and the delimitation of constituencies for the purpose of election to, the House of the People and the Legislatures of States, the qualifications of voters at such elections, the preparation of electoral rolls, [1][the manner of filling seats in the Council of States to be filled by representatives of [2][Union territories]], and matters connected therewith. BE it enacted by Parliament as follows:— PART I PRELIMINARY **1. Short title.—This Act may be called the Representation of the People Act, 1950.** **2. Definitions.—[3]*** In this Act, unless the context otherwise requires,—** (a) “article” means an article of the Constitution; (b) “Assembly constituency” means a constituency provided [4][by law] for the purpose of elections to the Legislative Assembly of a State; (c) “Council constituency” means a constituency provided [5][by law] for the purpose of elections to the Legislative Council of a State; 6* - - (d) “Election Commission” means the Election Commission appointed by the President under article 324; (e) “order” means an order published in the Official Gazette; (f) “Parliamentary constituency” means a constituency provided [7][by law] for the purpose of elections to the House of the People; 8* - - (g) “person” does not include a body of persons; (h) “prescribed” means prescribed by rules made under this Act; 9[(i) “State” includes a Union territory;] (j) “State Government”, in relation to a Union territory, means the administrator thereof. 10* - - - 1. Ins. by Act 73 of 1950, s. 2 (w.e.f. 23-12-1950). 2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C States” (w.e.f. 1-11-1956). 3. The brackets and figure “(1)” omitted by Act 103 of 1956, s. 65 (w.e.f. 1-1-1957). 4. Subs. by Act 2 of 1956, s. 2, for “by order made under section 9” (w.e.f. 1-3-1956). 5. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “by order made under section 11” (w.e.f.1-11-1956). 6. Omitted by Act 103 of 1956, s. 65 (1-1-1957). 7. Subs. by Act 2 of 1956, s. 2, for “by section 6 or by order made thereunder” (1-3-1956). 8. Omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974, s. 3 and the Schedule (w.e.f. 21-1-1972). 9. Subs. by s. 3 and the Schedule, ibid., for clause (i) (w.e.f. 21-1-1972). 10. Omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956). # 4 ----- PART II ALLOCATION OF SEATS AND DELIMITATION OF CONSTITUENCIES _The House of the People_ 1[3. Allocation of seats in the House of the People.—The allocation of seats to the States in the House of the People and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of each State shall be as shown in the First Schedule. **3A. Reservation of Seats in the House of People for Scheduled Castes and Scheduled Tribes** **in certain Part C States.—[Rep. by the Representation of the People Amendment)** _Act, 1958_ (58 of 1958), s. 3 (w.e.f. 30-12-1958).]] **4. Filling of seats in the House of the People and parliamentary constituencies. —[2]***** 3[(2) All the seats in the House of the People allotted to the States under section 3 shall be seats to be filled by persons chosen by direct election from parliamentary constituencies in the States.] (3) Every parliamentary constituency referred to in sub-section (2) shall be a single-member constituency. (4) Every State to which only one seat is allotted under section 3 shall form one parliamentary constituency. 4[(5) Save as provided in sub-section (4), the extent of all parliamentary constituencies except the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002 (33 of 2002) and the extent of the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of sections 10A and 10B of the Delimitation Act, 2002.]] **5. [Parliamentary constituencies.] Omitted by the Representation of the People (Amendment) Act,** 1956 (2 of 1956), s. 4. **6. [Delimitation of parliamentary constituencies.] Omitted by the Adaptation of Laws (No. 2)** _Order, 1956._ _The State Legislative Assemblies_ 5[7. **Total** **number** **of** **seats** **in** **Legislative** **Assemblies** **and** **Assembly** **Constituencies.—(1) [6][Subject to the provisions of [7][sub-sections (1A), (1B) and (1C)], the total** number of seats] in the Legislative Assembly of each State specified in the Second Schedule, to be filled by persons chosen by direct election from Assembly Constituencies, and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of the State, shall be as shown in that Schedule: Provided that for the period referred to in clause (2) of article 371A, the total number of seats allotted to the Legislative Assembly of the State of Nagaland shall be [8][fifty-two], of which— (a) [ 9][twelve seats] shall be allocated to the Tuensang district and shall be filled by persons chosen by the members of the regional council, referred to in that article, from amongst 1. Subs. by Act 47 of 1966, s. 2, for sections 3 and 4 (w.e.f. 14-12-1966). 2. Omitted by Act 29 of 1975, s. 11 (w.e.f. 15-8-1975). 3. Subs. by s. 11, ibid., for sub-section (2) (w.e.f. 15-8-1975). 4. Subs. by Act 10 of 2008, s. 2, for sub-section (5) (w.e.f. 16-4-2008). 5. Subs. by Act 47 of 1966, s. 4, for sections 7, 8 and 9 (w.e.f. 14-12-1966). 6. Subs. by Act 8 of 1980, s. 2, for certain words (w.e.f. 1-9-1979). 7. Subs. by Act 38 of 1992, s. 2, for “sub-sections (1A) and (1B)” (w.e.f. 5-12-1992). 8. Subs. by Act 61 of 1968, s. 4, for “forty-six” (w.e.f. 31-12-1968). 9. Subs. by s. 4, ibid., for “six seats” (w.e.f. 31-12-1968). # 5 ----- themselves in such manner as the Governor, after consulting that Council may, by notification in the Official Gazette, specify, and (b) the remaining forty seats shall be filled by persons chosen by direct election from assembly constituencies in the rest of the State. 1[(1A) Notwithstanding anything contained in sub-section (1), the total number of seats in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), to be filled by persons chosen by direct election from assembly constituencies shall be thirty-two, of which— (a) twelve seats shall be reserved for Sikkimese of Bhutia-Lepcha origin; (b) two seats shall be reserved for the Scheduled Castes of that State; and (c) one seat shall be reserved for the Sanghas referred to in section 25A. _Explanation.—In this sub-section “Bhutia” includes Chumbipa, Dopthapa, Dukpa, Kagatey,_ Sherpa, Tibetan, Tromopa and Yolmo.] 2[(1B) Notwithstanding anything contained in sub-section (1), in the Legislative Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, to be constituted at any time after the commencement of the Representation of the People (Third Amendment) Act, 1987 (40 of 1987),— (a) [3][fifty-nine seats] shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Arunachal Pradesh; (b) fifty-five seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Meghalaya; (c) thirty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Mizoram; and (d) fifty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Nagaland.] 4[(1C) Notwithstanding anything contained in sub-section (1), twenty seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Tripura to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1992 (38 of 1992).] (2) Every assembly constituency referred to [5][in sub-section (1) or sub-section (1A)] shall be a single-member constituency. 6[(3) The extent of each assembly constituency in all the States and Union Territories except the assembly constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002 (33 of 2002) and the extent of each assembly constituency in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of sections 10A and 10B of the Delimitation Act, 2002 (33 of 2002).] 7[7A. Total number of seats in the Legislative Assembly of Sikkim and Assembly **Constituencies.—(1) Notwithstanding anything contained in section 7, in the Legislative Assembly** of the State of Sikkim [deemed under the Constitution (Thirty-sixth Amendment) Act, 1975 to be the 1. Ins. by Act 8 of 1980, s. 2 (w.e.f. 1-9-1979). 2. Ins. by Act 40 of 1987, s. 2 (w.e.f. 22-9-1987). 3. Subs. by Act 10 of 2008, s. 3, for “thirty-nine seats” (w.e.f. 16-4-2008). 4. Ins. by Act 38 of 1992, s. 2 (w.e.f. 5-12-1992). 5. Subs. by Act 8 of 1980, s. 2, for “in sub-section (1)” (w.e.f. 1-9-1979). 6. Subs. by Act 10 of 2008, s. 3, for sub-section (3) (w.e.f. 16-4-2008). 7. Ins. by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975). # 6 ----- Legislative Assembly of that State duly constituted], the total number of seats to be filled by persons chosen by direct election from Assembly constituencies shall be 32. (2) Every Assembly constituency referred to in sub-section (1) shall be a single-member constituency. (3) In the Legislative Assembly so deemed to be duly constituted, the extent of each constituency and the reservation of seats shall be as provided for immediately before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975.] _The Delimitation of Parliamentary and Assembly Constituencies Order_ **8. Consolidation of delimitation orders.—[1][(1) Having regard to all the orders referred to in** sub-section (5) of section 4 and sub-section (3) of section 7 relating to the delimitation of parliamentary and assembly constituencies in all States and Union Territories, except the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland, made by the Delimitation Commission and published in the Official Gazette, the Election Commission shall— (a) after making such amendments as appear to it to be necessary for bringing up-to-date the description of the extent of the parliamentary and assembly constituencies as given in such orders, without, however, altering the extent of any such constituency; (b) after taking into account the provisions of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, as made applicable pursuant to the orders made by the President under section 10A of the Delimitation Act, 2002 (33 of 2002) relating to delimitation of parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland, and the provisions of section 10B of the said Act relating to delimitation of parliamentary and assembly constituencies in the State of Jharkhand, consolidate all such orders into one single order to be known as the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 and shall send authentic copies of that Order to the Central Government and to the Government of each State having a Legislative Assembly; and thereupon that Order shall supersede all the orders referred to in sub-section (5) of section 4 and sub-section (3) of section 7 and shall have the force of law and shall not be called in question in any court.] (2) As soon as may be, after the said Order is received by the Central Government or by the Government of a State, that Government shall cause it to be laid before the House of the People or, as the case may be, the Legislative Assembly of the State. 2[(3) The consolidation under sub-section (1) of the orders referred to in sub-section (5) of section 4, or as the case may be, sub-section (3) of section 7 shall not, [3][as provided in sub-section (5) of section 10 of the Delimitation Act, 2002 (33 of 2002)], affect the representation in, and the territorial constituencies of, the House of the People or the Legislative Assembly of the State existing on the date of publication in the Gazette of India of any such order or orders as may be relevant.] 4[8A. Delimitation of Parliamentary and Assembly Constituencies in the States of Arunachal **Pradesh, Assam, Manipur or Nagaland.—(1) If the President is satisfied that the situation and the** conditions prevailing in the States of Arunachal Pradesh, Assam, Manipur or Nagaland are conducive for the conduct of delimitation exercise, he may, by order, rescind the deferment order issued under the provisions of section 10A of the Delimitation Act, 2002 (33 of 2002) in relation to that State, and provide for the conduct of delimitation exercise in the State by the Election Commission. (2) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine— 1. Subs. by Act 10 of 2008, s. 4, for sub-section (1) (w.e.f. 16-4-2008). 2. Ins. by Act 88 of 1976, s. 4 (w.e.f. 2-9-1976). 3. Subs. by Act 10 of 2008, s. 4, for certain words (w.e.f. 16-4-2008). 4. Ins. by s. 5, ibid. (w.e.f. 16-4-2008). # 7 ----- (a) the parliamentary constituencies into which such State to which more than one seat is allotted in the First Schedule shall be divided; (b) the extent of each constituency; and (c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes. (3) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine— (a) the assembly constituencies into which such State shall be divided for the purpose of elections to the Legislative Assembly of that State; (b) the extent of each constituency; and (c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes. (4) Subject to the provisions of sub-section (1), the Election Commission shall, having regard to the provisions of the Constitution and the principles specified in clauses (c) and (d) of sub-section (1) of section 9 of the Delimitation Act, 2002 (33 of 2002) determine the parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes. (5) The Election Commission shall,— (a) publish its proposals under sub-sections (2), (3) and (4) with respect to any State in the Official Gazette and also in such other manner as it thinks fit; (b) specify a date on or after which the proposals will be further considered by it; (c) consider all objections and suggestions which may have been received by it before the date so specified; (d) hold, for the purpose of such consideration, if it thinks fit so to do, one or more public sittings at such place or places in such State as it thinks fit; (e) after considering all objections and suggestions which may have been received by it before the date so specified, determine, by order, the delimitation of parliamentary and assembly constituencies in the State and also the constituency or constituencies in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes and cause such order to be published in the Official Gazette; and, upon such publication, the order shall have the force of law and shall not be called in question in any court and the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 shall be deemed to have been amended accordingly. (6) Every order made under sub-sections (1) and (2) and clause (e) of sub-section (5) shall be laid before each House of Parliament. (7) Every order made under sub-sections (1) and (3) and clause (e) of sub-section (5) shall, as soon as may be after it is published under that sub-section, be laid before the Legislative Assembly of the State concerned.] **9. Power of Election Commission to maintain Delimitation Order up-to-date.— (1) The** Election Commission may, from time to time, by notification published in the Gazette of India and in the Official Gazette of the State concerned,— 1[(a) correct any printing mistake in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 or any error arising therein from inadvertent slip or omission; 1. Subs. by Act 10 of 2008, s. 6, for clause (a) (w.e.f. 16-4-2008). # 8 ----- (aa) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 as appear to it to be necessary or expedient for consolidating with that Order any notification or order relating to delimitation of Parliamentary or assembly constituencies (including reservation of seats for the Scheduled Castes or the Scheduled Tribes in such constituencies) issued under section 8A of this Act or any other Central Act;] (b) where the boundaries or name of any district or any territorial division mentioned in the Order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the Order up-to-date; 1[(c) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 as appear to it to be necessary or expedient for bringing the Order up-to-date by including therein and excluding therefrom the relevant areas, consequent upon the exchange of one hundred and eleven enclaves of India and fifty-one enclaves of Bangladesh with effect from 31st July, 2015, in pursuance of the Constitution (One Hundredth Amendment) Act, 2015.] (2) Every notification under this section shall be laid, as soon as may be after it is issued, before the House of the People and the Legislative Assembly of the State concerned.] 2* - - - 9A. [Power of Election Commission to determine the constituencies to be reserved for scheduled Tribes in _main states].—Omitted by the Representation_ _of the People (Amendment) Act, 2008 (10 of 2008), s. 7 (w.e.f. 16-_ 4-2008). 9B. [Power of Election Commission to determine certain constituencies to be reserved for Scheduled Tribes _in the State of Tripura]. Omitted by the Representation of the People (Amendment) Act, 2008 (10 of 2008), s. 7_ (w.e.f. 16-4-2008). _The State Legislative Councils_ **10. Allocation of seats in the Legislative Councils.—(1) The allocation of seats in the Legislative** Councils of the States having such Councils shall be as shown in the Third Schedule. (2) In the Legislative Council of each State specified in the first column of the Third Schedule, there shall be the number of seats specified in the second column thereof opposite to that State, and of those seats,— (a) the numbers specified in the third, fourth and fifth columns shall be the number of seats to be filled by persons elected, respectively, by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171; (b) the number specified in the sixth column shall be the number of seats to be filled by persons elected by the members of the Legislative Assembly of the State from amongst persons who are not members of that Assembly; and (c) the number specified in the seventh column shall be the number of seats to be filled by persons nominated by the Governor [3]*** of the State in accordance with the provisions of clause (5) of article 171. 4* - - - **11. Delimitation of Council Constituencies.—As soon as may be after the commencement of this Act,** the President shall, by order, determine— (a) the constituencies into which each State having a Legislative Council shall be divided for the purpose of elections to that Council under each of the sub-clauses (a), (b) and (c) of clause (3) of article 171; (b) the extent of each constituency; and (c) the number of seats allotted to each constituency. _Provisions as to orders delimiting constituencies_ **12. Power to alter or amend orders.—[5][(1)] The President may, from time to time, after consulting** the Election Commission, by order, alter or amend any order made by him under [6]*** section 11. 1. Ins. by Act 10 of 2016, s. 2 (w.e.f. 4-3-2016). 2. Omitted by the Act 10 of 2008, s. 7 (w.e.f. 16-4-2008). 3. The words “or Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No.2) Order, 1956 (w.e.f. 1-11-1956). 4. Omitted by Act 37 of 1957, s. 12 (w.e.f. 18-9-1957). 5. Section 12 renumbered as sub-section (1) of that section by Act 20 of 1960, s. 2 (w.e.f. 8-5-1960). 6. The words and figures “section 6, section 9, or” omitted by Act 2 of 1956, s. 7. # 9 ----- 1[(2) An order under sub-section (1) may contain provisions for the allocation of any member representing any council constituency immediately before the making of the order to any constituency delimited a new or altered by the order and for such other incidental and consequential matters as the President may deem necessary.] **13. Procedure as to orders delimiting constituencies.—[ 2***]** (3) Every order made under [3]*** section 11 or section 12 shall be laid before Parliament as soon as may be after it is made, and shall be subject to such modifications as Parliament may make on a motion made within twenty days from the date on which the order is so laid. 4[PART IIA OFFICERS **13A. Chief electoral officers.—(1) There shall be for each State a chief electoral officer who** shall be such officer of Government as the Election Commission may, in consultation with that Government, designate or nominate in this behalf. (2) Subject to the superintendence, direction and control of the Election Commission, the chief electoral officer shall supervise the preparation, revision and correction of all electoral rolls in the State under this Act. 5[13AA. District election officers.—(1) For each district in a State, 6***, the Election Commission shall, in consultation with the Government of the State, designate or nominate a district election officer who shall be an officer of Government: Provided that the Election Commission may designate or nominate more than one such officer for a district if the Election Commission is satisfied that the functions of the office cannot be performed satisfactorily by one officer. (2) Where more than one district election officer are designated or nominated for a district under the proviso to sub-section (1), the Election Commission shall in the order designating or nominating the district election officers also specify the area in respect of which each such officer shall exercise jurisdiction. (3) Subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall coordinate and supervise all work in the district or in the area within his jurisdiction in connection with the preparation and revision of the electoral rolls for all parliamentary, assembly and council constituencies within the district. (4) The district election officer shall also perform such other functions as may be entrusted to him by the Election Commission and the chief electoral officer.] **13B. Electoral registration officers.—(1) The electoral roll** [7][[8][for each parliamentary constituency in the State of Jammu and Kashmir or in a Union territory not having a Legislative Assembly], each assembly constituency and each Council constituency] shall be prepared and revised by an electoral registration officer who shall be such officer of Government or of a local authority as the Election Commission may, in consultation with the Government of the State in which the constituency is situated, designate or nominate in this behalf. (2) An electoral registration officer may, subject to any prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the constituency. 1. Ins. by Act 20 of 1960, s. 2 (w.e.f. 8-5-1960). 2. Sub-sections (1) and (2) omitted by Act 2 of 1956, s. 8 (w.e.f. 1-3-1956). 3. The words and figures “section 6, section 9,” omitted by s. 8, ibid. (w.e.f. 1-3-1956). 4. Ins. by s. 9, ibid. (w.e.f. 1-3-1956). 5. Ins. by Act 47 of 1966, s. 5 (w.e.f. 14-12-1966). 6. The words “other than a Union territory,” omitted by Act 2 of 2004, s. 2 (w.e.f. 29-10-2003). 7. Subs. by Act 103 of 1956, s. 65, for certain words (w.e.f. 1-1-1957). 8. Subs. by Act 47 of 1966, s. 6, for certain words (w.e.f.14-12-1966). # 10 ----- **13C. Assistant electoral registration officers.—(1) The Election Commission may appoint** one or more persons as assistant electoral registration officers to assist any electoral registration officer in the performance of his functions. (2) Every assistant electoral registration officer shall, subject to the control of the electoral registration officer, be competent to perform all or any of the functions of the electoral registration officer. 1[13CC. Chief Electoral Officers, District Election Officers, etc., deemed to be on **deputation to Election Commission.—The officers referred to in this Part and any other officer** or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of, all elections shall be deemed to be on deputation to the Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.] PART IIB ELECTORAL ROLLS FOR PARLIAMENTARY CONSTITUENCIES 2[13D. Electoral rolls for parliamentary constituencies.—(1) The electoral roll for every parliamentary constituency, other than a parliamentary constituency in the State of Jammu and Kashmir or in a Union territory not having a Legislative Assembly, shall consist of the electoral rolls for all the assembly constituencies comprised within that parliamentary constituency; and it shall not be necessary to prepare or revise separately the electoral roll for any such parliamentary constituency: Provided that for the period referred to in clause (2) of article 371A, it shall be necessary to prepare and revise separately the electoral roll for that part of the parliamentary constituency of Nagaland which comprises the Tuensang district and the provisions of Part III shall apply in relation to the preparation and revision of the electoral roll of the said part as they apply in relation to an assembly constituency. (2) The provisions of Part III shall apply in relation to every parliamentary constituency in the State of Jammu and Kashmir or in a Union territory not having a Legislative Assembly as they apply in relation to an assembly constituency.] PART III 3[ELECTORAL ROLLS FOR ASSEMBLY 4*** CONSTITUENCIES] 5[14. Definitions.—In this Part, unless the context otherwise requires,— (a) “constituency” means an Assembly constituency [4]*** ; (b) “qualifying date”, in relation to the preparation or revision of every electoral roll under this Part, means [6][the 1st day of January, the 1st day of April, the 1st day of July and the 1st day of October] of the year in which it is so prepared or revised:] 7[Provided that “qualifying date”, in relation to the preparation or revision of every electoral roll under this Part in the year 1989, shall be the 1st day of April, 1989.] **15. Electoral roll for every constituency.—For every constituency there shall be an electoral** roll which shall be prepared in accordance with the provisions of this Act under the superintendence, direction and control of the Election Commission. 1. Ins. by Act 1 of 1989, s. 2 (w.e.f. 15-3-1989). 2. Subs. by Act 47 of 1966, s. 7, for section 13D (w.e.f. 14-12-1966). 3. Subs. by Act 2 of 1956, s. 10, for the heading “REGISTRATION OF PARLIAMENTARY ELECTORS” (w.e.f. 1-8-2022). 4. Certain words omitted by Act 103 of 1956, s. 65 (w.e.f. 1-1-1957). 5. Subs. by Act 2 of 1956, s. 11, for section 14 (w.e.f. 1-3-1956). 6. Subs. by Act 49 of 2021, s. 2, for “the 1st day of January” (w.e.f.1-8-2022). 7. Ins. by Act 21 of 1989, s. 3 (w.e.f. 28-3-1989). # 11 ----- **16. Disqualifications for registration in an electoral roll.—(1) A person shall be disqualified** for registration in an electoral roll if he— (a) is not a citizen of India; or (b) is of unsound mind and stands so declared by a competent court; or (c) is for the time being disqualified from voting under the provisions of any law relating to corrupt [1]*** practices and other offences in connection with elections. (2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included: 2[Provided that the name of any person struck off the electoral roll of a constituency by reason of a disqualification under clause (c) of sub-section (1) shall forthwith be re-instated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorising such removal.] **17. No person to be registered in more than one constituency.—No person shall be entitled** to be registered in the electoral roll for more than one constituency [3]* * *. **18. No Person to be registered more than once in any constituency.—No person shall** be entitled to be registered in the electoral roll for any constituency more than once. 4[19. Conditions of registration.—Subject to the foregoing provisions of this Part, every person who — (a) is not less than [5][eighteen years] of age on the qualifying date, and (b) is ordinarily resident in a constituency, shall be entitled to be registered in the electoral roll for that constituency.] **20. Meaning of “ordinarily resident”.—[6][(1) A person shall not be deemed to be ordinarily** resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein. (1A) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein. (1B) A member of Parliament or of the Legislature of a State shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member.] (2) A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein. 7[(3) Any person having a service qualification shall be deemed to be ordinarily resident on any date in the constituency in which, but for his having such service qualification, he would have been ordinarily resident on that date.] 1. The words “and illegal” omitted by Act 58 of 1960, s. 3 and the Second Schedule (w.e.f. 26-12-1960). 2. Ins. by Act 73 of 1950, s. 4 (w.e.f. 23-12-1950). 3. The words “in the same State” omitted by Act 58 of 1958, s. 6 (w.e.f. 30-12-1958). 4. Subs. by s. 7, ibid., for section 19 (w.e.f. 30-12-1958). 5. Subs. by Act 21 of 1989, s. 4, for “twenty-one years” (w.e.f. 28-3-1989). 6. Subs. by Act 58 of 1958, s. 8, for sub-section (1) (w.e.f. 30-12-1958). 7. Subs. by Act 47 of 1966, s. 8, for sub-section (3) (w.e.f. 14-12-1966). # 12 ----- (4) Any person holding any office in India declared[1] by the President in consultation with the Election Commission to be an office to which the provisions of this sub-section apply, [2]*** shall be deemed to be ordinarily resident [3]*** on any date in the constituency in which, but for the holding of any such office [4]***, he would have been ordinarily resident [5]* * * on that date. (5) The statement of any such person as is referred to in sub-section (3) or sub-section (4) made in the prescribed form and verified in the prescribed manner, that [6][but for his having the service qualification] or but for his holding any such office [7]*** as is referred to in sub-section (4) he would have been ordinarily resident in a specified place [8]*** on any date, shall, in the absence of evidence to the contrary, be[ 6][accepted as correct]. (6) The [9][spouse] of any such person as is referred to in sub-section (3) or sub-section (4) shall [10][if such spouse] be ordinarily residing with such person [11]*** be deemed to be ordinarily resident on [12]*** in the constituency specified by such person under sub-section (5). 13[(7) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Central Government in consultation with the Election Commission.] (8) In sub-sections (3) and (5) “service qualification” means— (a) being a member of the armed forces of the Union; or (b) being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950), have been made applicable whether with or without modifications; or (c) being a member of an armed police force of a State, who is serving outside that State; or (d) being a person who is employed under the Government of India, in a post outside India. 14[20A. Special provisions for citizens of India residing outside India.—(1) Notwithstanding anything contained in this Act, every citizen of India— (a) whose name in not included in the electoral roll; 1. The following offices have been declared by the President by Notification No. S.O. 959, dated the 18th April, 1960: — 1. The President of India. 2. The Vice-President of India. 3. The Governors of States. 4. Cabinet Ministers of the Union or of any State. 5. The Deputy Chairman and Members of the Planning Commission. 6. The Ministers of State of the Union or of any State. 7. The Deputy Ministers of the Union or of any State. 8. The Speaker of the House of the People or of any State Legislative Assembly. 9. The Chairman of any State Legislative Council. 10. The Lieutenant Governors of Union territories. 11. The Deputy Speaker of the House of the People or of any State Legislative Assembly. 12. The Deputy Chairman of the Council of States or of any State Legislative Council. 13. The Parliamentary Secretaries of the Union or of any State. 2. Certain words omitted by Act 47 of 1966, s. 8 (w.e.f. 14-12-1966). 3. The words “during any period or” omitted by Act 2 of 1956, s. 14 (w.e.f. 1-3-1956). 4. The words “or employment” omitted by Act 47 of 1966, s. 8 (w.e.f. 14-12-1966). 5. The words “during any period or” omitted by Act 2 of 1956, s. 14 (w.e.f. 1-3-1956). 6. Subs. by Act 47 of 1966, s. 8, for certain words (w.e.f. 14-12-1966). 7. Certain words omitted by s. 8, ibid. (w.e.f. 14-12-1966). 8. The words “during any period or” omitted by Act 2 of 1956, s. 14 (w.e.f. 1-3-1956). 9. Subs. by Act 49 of 2021, s. 3, for “wife” (w.e.f. 1-8-2022). 10. Subs. by s. 3, ibid., for “if she” (w.e.f. 1-8-2022). 11. The words “during any period” omitted by Act 2 of 1956, s. 14 (w.e.f. 1-3-1956). 12. The words “during that period” omitted by s. 14, ibid (w.e.f. 1-3-1956). 13. Ins. by Act 47 of 1966, s. 8 (w.e.f. 14-12-1966). 14. Ins. by Act 36 of 2010, s. 2 (w.e.f. 10-2-2011). # 13 ----- (b) who has not acquired the citizenship of any other country; and (c) who is absenting from his place of ordinary residence in India owing to his employment, education or otherwise outside India (whether temporarily or not), shall be entitled to have his name registered in the electoral roll in the constituency in which his place of residence in India as mentioned in his passport is located. (2) The time within which the name of persons referred to in sub-section (1) shall be registered in the electoral roll and the manner and procedure for registering of a person in the electoral roll under sub-section (1) shall be such as may be prescribed. (3) Every person registered under this section shall, if otherwise eligible to exercise his franchise, be allowed to vote at an election in the constituency.] 1[21. Preparation and revision of electoral rolls. — (1) The electoral roll for each constituency shall be prepared in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act. 2[(2) The said electoral roll— (a) shall, unless otherwise directed by the Election Commission for reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date— (i) before each general election to the House of the People or to the Legislative Assembly of a State; and (ii) before each bye-election to fill a casual vacancy in a seat allotted to the constituency; and (b) shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by the Election Commission: Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected.] (3) Notwithstanding anything contained in sub-section (2), the Election Commission may at any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit: Provided that subject to the other provisions of this Act, the electoral roll for the constituency, as in force at the time of the issue of any such direction, shall continue to be in force until the completion of the special revision so directed. 3[22. Correction of entries in electoral rolls.—If the electoral registration officer for a constituency, on application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency— (a) is erroneous or defective in any particular, (b) should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency, or (c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll, the electoral registration officer shall, subject to such general or special directions, if any, as may be given by the Election Commission in this behalf, amend, transpose or delete the entry [4][after proper verification of facts in such manner as may be prescribed]: 1. Subs. by Act 2 of 1956, s. 15, for sections 21 to 25 (w.e.f. 1-3-1956). 2. Subs. by Act 47 of 1966, s. 9, for sub-section (2) (w.e.f. 14-12-1966). 3. Subs. by Act 58 of 1958, s. 9, for section 22 (w.e.f. 30-12-1958). 4. Ins. by Act 36 of 2010, s. 3 (w.e.f. 10-2-2011). # 14 ----- Provided that before taking any action on any ground under clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident in the constituency or that he is otherwise not entitled to be registered in the electoral roll of that constituency, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him [1][after proper verification of facts in such manner as may be prescribed]. 2[23. Inclusion of names in electoral rolls.— (1) Any person whose name is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll. (2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein[ 3][after proper verification of facts in such manner as may be prescribed]: Provided that if the applicant is registered in the electoral roll of any other constituency, the electoral registration officer shall inform the electoral registration officer of that other constituency and that officer shall, on receipt of the information, strike off the applicant's name from that roll[ 3][after proper verification of facts in such manner as may be prescribed]. (3) No amendment, transposition or deletion of any entry shall be made under section 22 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section, after the last date for making nominations for an election in that constituency or in the parliamentary constituency within which that constituency is comprised and before the completion of that election.] 4[(4) The electoral registration officer may for the purpose of establishing the identity of any person require that such person may furnish the Aadhaar number given by the Unique Identification Authority of India as per the provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016): Provided that the electoral registration officer may also require the Aadhaar number from persons already included in the electoral roll for the purposes of authentication of entries in electoral roll and to identify registration of name of the same person in the electoral roll of more than one constituency or more than once in the same constituency. (5) Every person whose name is included in the electoral roll may intimate his Aadhaar number to such authority in such form and manner as may be prescribed, on or before a *date to be notified by the Central Government in the Official Gazette. (6) No application for inclusion of name in the electoral roll shall be denied and no entries in the electoral roll shall be deleted for inability of an individual to furnish or intimate Aadhaar number due to such sufficient cause as may be prescribed: Provided that such individual may be allowed to furnish such other alternate documents as may be prescribed. _Explanation.—For the purposes of this section, the expression "Aadhaar number" shall have the_ same meaning as assigned to it in clause (a) of Section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).] 1. Ins. by Act 36 of 2010, s. 3 (w.e.f. 10-2-2011). 2. Subs. by Act 47 of 1966, s. 10, for s. 23 (w.e.f. 14-12-1966). 3. Ins. by Act 36 of 2010, s. 4 (w.e.f. 10-2-2011). 4. Ins. by Act 49 of 2021, s. 4 (w.e.f. 1-8-2022). *** 1[st] April, 2023** section 25 (5), _vide notification No. S.O. 2805(E), dated 17th June, 2022,_ _see Gazette of India,_ Extraordinary, Part II, sec. 3 (ii). # 15 ----- 1[24. Appeals.—An appeal shall lie within such time and in such manner as may be prescribed— (a) to the [2][district magistrate or additional district magistrate or executive magistrate or district collector or an officer of equivalent rank], from any order of the electoral registration officer under section 22 or section 23 [3]***. 4[(b) to the chief electoral officer, from any order of the district magistrate or the additional district magistrate under clause (a)]. **25. Fee for applications and appeals.— Every applications under section 22 or section 23 and** every appeal under section 24 shall be accompanied by the prescribed fee which shall, in no case, be refunded.] 5[25A. **Conditions** **of** **registration** **as** **elector** **in** **Sangha** **constituency** **in** **Sikkim.—Notwithstanding anything contained in sections 15 and 19, for the Sangha constituency in** the State of Sikkim, only the Sanghas belonging to monasteries, recognised for the purpose of the elections held in Sikkim in April, 1974, for forming the Assembly for Sikkim, shall be entitled to be registered in the electoral roll, and the said electoral roll shall, subject to the provisions of sections 21 to 25, be prepared or revised in such manner as may be directed by the Election Commission, in consultation with the Government of Sikkim.] PART IV 6[ELECTORAL ROLLS FOR COUNCIL CONSTITUENCIES] **26. [Preparation of electoral rolls for Assembly constituencies.] Omitted by the Representation** _of the People (Amendment) Act, 1956 (2 of 1956), s. 17._ **27. Preparation of electoral roll for Council constituencies.—(1) In this section, “local** authorities’ constituency”, “graduates' constituency” and “teachers' constituency” mean a constituency for the purpose of elections to a Legislative Council under sub-clause (a), sub-clause (b) and sub-clause (c), respectively, of clause (3) of article 171. 7[(2) For the purpose of elections to the Legislative Council of a State in any local authorities’ constituency— (a) the electorate shall consist of members of such local authorities exercising jurisdiction in any place or area within the limits of that constituency as are specified in relation to that State in the Fourth Schedule; (b) every member of each such local authority within a local authorities' constituency shall be entitled to be registered in the electoral roll for that constituency; (c) the electoral registration officer for every local authorities' constituency shall maintain in his office in the prescribed manner and form the electoral roll for that constituency corrected up-to-date; (d) in order to enable the electoral registration officer to maintain the electoral roll corrected up-to-date, the chief executive officer of every local authority (by whatever designation such officer may be known) shall immediately inform the electoral registration officer about every change in the membership of that local authority; and the electoral registration officer shall, on receipt of the information, strike off from the electoral roll the names of persons who have ceased to be, and include therein the names of persons who have become, members of that local authority; and 1. Ins. by Act 40 of 1961, s. 3 (w.e.f. 20-9-1961). 2. Subs. by Act 41 of 2009, s. 2, for certain words (w.e.f. 1-2-2010). 3. The word “and” omitted by Act 47 of 1966, s. 11 (w.e.f. 14-12-1966). 4. Ins. by Act 41 of 2009, s. 2 (w.e.f. 1-2-2010). 5. Ins. by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975). 6. Subs. by Act 2 of 1956, s. 16, for the heading (w.e.f. 1-3-1956). 7. Subs. by s. 18, ibid., for sub-section (2) (w.e.f. 1-3-1956). # 16 ----- (e) the provisions of sections 15, 16, 18, 22 and 23 shall apply in relation to local authorities' constituencies as they apply in relation to assembly constituencies.] (3) For the purpose of elections to the Legislative Council of a State in the graduates' constituencies and the teachers' constituencies, the State Government concerned may, with the concurrence of the Election Commission, by notification in the Official Gazette, specify— (a) the qualifications which shall be deemed to be equivalent to that of a graduate of a university in the territory of India, and (b) the educational institutions within the State not lower in standard than that of a secondary school. 1[(4) The provisions of sections 15, 16, 18, 21, 22 and 23 shall apply in relation to graduates' constituencies and teachers' constituencies as they apply in relation to assembly constituencies.] (5) Subject to the foregoing provisions of this section,— 2* - - - 3[(a)] every person who 4[is] ordinarily resident in a graduates' constituency and has, for at least three years [5][before the qualifying date], been either a graduate of a University in the territory of India or in possession of any of the qualifications specified under clause (a) of sub-section (3) by the State Government concerned, shall be entitled to be registered in the electoral roll for that constituency; and 6[(b)] every person who 5[is] ordinarily resident in a teachers' constituency, and has, within the six years immediately [6][before the qualifying date] for a total period of at least three years, been engaged in teaching in any of the educational institutions specified under clause (b) of sub-section (3) by the State Government concerned shall be entitled to be registered in the electoral roll for that constituency. 7[(6) For the purposes of sub-sections (4) and (5) the qualifying date shall be the 1st day of November of the year in which the preparation or revision of the electoral roll is commenced.] 8[PART IVA MANNER OF FILLING SEATS IN THE COUNCIL OF STATES TO BE FILLED BY REPRESENTATIVES OF [9][UNION TERRITORIES] **27A. Constitution of electoral colleges for the filling of seats in the Council of States allotted** **to Union territories.—(1)** [10][For the purpose of filling any seat] or seats in the Council of States allotted to any [6][Union territory] [11]* * * in the Fourth Schedule to the Constitution there shall be an electoral college for [12][each such territory] [13]* * *. 14* - - - 15* - - - 1. Subs. by Act 2 of 1956, s. 18(b), for sub-section (4) (w.e.f. 1-3-1956). 2. Clause (a) omitted by s. 18(c), ibid. (w.e.f. 1-3-1956). 3. Clause (b) re-lettered as clause (a) by s. 18(c), ibid. (w.e.f. 1-3-1956). 4. Subs. by Act 40 of 1961, s. 4, for “on the qualifying date was” (w.e.f. 20-9-1961). 5. Subs. by s. 4, ibid., for “before that date” (w.e.f. 20-9-1961). 6. Clause (c) re-lettered as clause (b) by Act 2 of 1956, s. 18(c) (w.e.f. 1-3-1956). 7. Subs. by Act 40 of 1961, s. 4(b), ibid., for sub-section (6) (w.e.f. 20-9-1961). Earlier sub-section (6) was substituted by Act 2 of 1956, s. 18(d) (w.e.f. 1-3-1956). 8. Ins. by Act 73 of 1950, s. 8 (w.e.f. 23-12-1950). 9. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C States” (w.e.f. 23-12-1950). 10. Subs. by Act 29 of 1975, s. 11(a), for certain words (w.e.f. 15-8-1975). 11. The words “or group of such States” omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-3-1956). 12. Subs., ibid., for “each such State” . 13. The words “or group of States” omitted by Act 2 of 1956, s. 19 (w.e.f. 1-3-1956). 14. The proviso omitted by s.19, ibid (w.e.f. 1-3-1956). 15. Omitted by Act 20 of 1963, s. 57(1)(b) and the Second Schedule. Earlier sub-section (2) was amended by Act 49 of 1951, s.44 and Schudle 5 (w.e.f. 13-5-1963). # 17 ----- 1[2[(3) The electoral college for the Union territory of Delhi shall consist of the elected members of the Legislative Assembly constituted for that territory under the Government of National Capital Territory of Delhi Act, 1991 (1 of 1992).] 3[(4) 4[The electoral college for the Union territory of 5*** Pondicherry] shall consist of the elected members of the Legislative Assembly constituted for that territory under the Government of Union Territories Act, 1963 (20 of 1963).]] 6* - - - 7* - - - **27B. [Electoral College constituencies.]** _Omitted by the Territorial Councils Act, 1956_ (103 of 1956), s. 65. **27C. [Delimitation of Electoral College constituencies.] Omitted by s. 65, ibid.** **27D. [Power to alter or amend orders.] Omitted. by s. 65, ibid.** **27E. [Procedure as to orders delimiting constituencies.] Omitted by the Representation of the** _People (Amendment) Act, 1956 (2 of 1956), s. 21._ **27F. [Electoral rolls for Council of States constituencies.] Omitted by s. 22, ibid.** **27G. Termination of membership of electoral college for certain disqualifications.—If a** person who is a member of an electoral college becomes subject to any disqualification for membership of Parliament under the provisions of any law relating to corrupt and illegal practices and other offences in connection with elections to Parliament, he shall thereupon cease to be such member of the electoral college. **27H. Manner of filling of seats in the Council of States allotted to Union territories.—[ 8]* * *** The seat or seats in the Council of States allotted to any [9][Union territory] [10]* * * in the Fourth Schedule to the Constitution shall be filled by a person or persons elected by the members of the electoral college for [11][that territory] [12]* * * in accordance with the system of proportional representation by means of the single transferable vote: 13[Provided that the person who immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, is filling the seat allotted to the Part C States of Manipur and Tripura shall, as from such commencement, be deemed to have been duly elected to fill the seat allotted to the Union territory of Tripura.] **27-I. [Special provisions for the filling of the seats in the Council of States allotted to the States** _of Ajmer and Coorg and the States of Manipur and Tripura.]_ _Omitted by the Adaptation of Laws_ _(No. 2) Order, 1956._ **27J. Powers of electoral colleges to elect notwithstanding vacancies therein. —No election by** the members of an electoral college [14]*** under this Act shall be called in question on the ground merely of the existence of any vacancy in the membership of such college [7]* * *. 1. Subs. by Act 103 of 1956, s. 65(f), for sub-sections (3), (4) or (5) (w.e.f. 1-1-1957). 2. Subs. by Act 1 of 1992, s. 55, for sub-section (3) (w.e.f. 2-10-1993). 3. Subs. by Act 20 of 1963, s. 57(1)(b) and the second Schedule, for sub-section (4) (w.e.f. 13-5-1963). 4. Subs. by Act 69 of 1986, s. 7, for certain words (w.e.f. 20-2-1987). 5. The word “Mizoram” omitted by Act 34 of 1986, s. 7 (w.e.f. 20-2-1987). 6. Sub-section (5) omitted by Act 29 of 1975, s. 11(c) (w.e.f. 15-8-1975). 7. Sub-section (6) omitted by Act 32 of 1954, s. 7 (w.e.f. 1-7-1954). 8. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956). 9. Subs., ibid., for “Part C State” (w.e.f. 1-11-1956). 10. The words “or group of such States” omitted, ibid. (w.e.f. 1-11-1956). 11. Subs., ibid., for “such State”. (w.e.f. 1-11-1956). 12. The words “or group of States” omitted by Act 2 of 1956, s. 23 (w.e.f. 1-3-1956). 13. Ins. by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956). 14. Certain words omitted by Act 49 of 1951, s. 44 and the Fifth Schedule (w.e.f. 6-9-1951). # 18 ----- **27K. [Electoral colleges for certain States for which Legislative Assemblies have been** _constituted.] Omitted by the Adaptation of Laws (No. 2) Order, 1956.] (w.e.f. 1-11-1956)._ PART V GENERAL **28. Power to make rules.—(1) The Central Government may, after consulting the** Election Commission, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— 1[(a) the determination of ordinary residence under sub-section (7) of section 20; (aa) the particulars to be entered in the electoral rolls;] (b) the preliminary publication of electoral rolls [2]* * *; (c) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred; 3* * * * * (e) the manner in which notices of claims or objections shall be published; (f) the place, date and time at which claims or objections shall be heard and the manner in which claims or objections shall be heard and disposed of; (g) the final publication of electoral rolls; 4[(h) the revision and correction of electoral roll and inclusion of names therein;] 5[(hh) the procedure for proper verification of facts for amending, transposing or deleting any entry in the electoral rolls, under section 22; (hhh) the procedure for proper verification of facts for inclusion of or striking off, names in the electoral rolls, under sub-section (2) of section 23;] 6[(hhha) the authority and the form and manner of intimation of Aadhaar number under sub-section (5) of section 23; (hhhb) the sufficient cause and furnishing of alternate documents to be provided by the individual under sub-section (6) of section 23;] (i) any other matter required to be prescribed by this Act. 7[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to be validity of anything previously done under that rule.] 1. Subs. by Act 47 of 1966, s. 12, for clause (a) (w.e.f. 14-12-1966). 2. Certain words omitted by Act 73 of 1950, s. 9 (w.e.f. 23-12-1950). 3. Clause (d) omitted by Act 20 of 1960, s. 3 (w.e.f. 8-5-1960). 4. Subs. by Act 2 of 1956, s. 24(a), for clause (h) (w.e.f. 1-3-1956). 5. Ins. by Act 36 of 2010, s. 5 (w.e.f. 10-2-2011). 6. Ins. by Act 49 of 2021, s. 5 (w.e.f. 1-8-2022). 7. Subs. by Act 88 of 1976, s. 6, for sub-section (3) (w.e.f. 2-9-1976). # 19 ----- 1[29. Staff of local authorities to be made available.—Every local authority in a State shall, when so requested by the chief electoral officer of the State, make available to any electoral registration officer such staff as may be necessary for the performance of any duties in connection with the preparation and revision of electoral rolls.] **30. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction—** (a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a constituency; or (b) to question the legality of any action taken by or under the authority of an electoral registration officer, or of any decision given by any authority appointed under this Act for the revision of any such roll. 2[3[31. Making false declarations.—If any person makes in connection with— (a) the preparation, revision or correction of an electoral roll, or (b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.] **32. Breach of official duty in connection with the preparation, etc., of electoral rolls.—(1) If** any electoral registration officer, assistant electoral registration officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause, guilty of any act or omission in breach of such official duty, he shall be punishable [4][with imprisonment for a term which shall not be less than three months but which may extend to two years and with fine]. (2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid. (3) No court shall take cognizance of any offence punishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the Election Commission or the Chief Electoral Officer of the State concerned.] 1. Subs. by Act 2 of 1956, s. 25, for section 29 (w.e.f. 1-3-1956). 2. Ins. by Act 58 of 1958, s. 11 (w.e.f. 30-12-1958). 3. Subs. by Act 20 of 1960, s. 4, for section 31 (w.e.f. 8-5-1960). 4. Subs. by Act 21 of 1996, s. 2, for certain words (w.e.f. 1-8-1996). # 20 ----- 1[THE FIRST SCHEDULE (See section 3) _Allocation of Seats in the House of the People_ Name of the State/Union Number of seats in the House as constituted in 2004 Number of seats in the House as subsequently constituted as territory on the basis of the Delimitation of Parliamentary and per the Delimitation of Parliamentary and Assembly Assembly Constituencies Order, 1976 as amended Constituencies Order, 2008 from time to time Total Reserved for Reserved for Total Reserved for the the Scheduled the Scheduled Scheduled Castes Castes Tribes 1 2 3 4 5 6 **I. STATES** 2[1. Andhra Pradesh 42 6 2 25 4 2. Arunachal Pradesh 2 - - 2 3. Assam 14 1 2 14 1 4. Bihar 40 7 - 40 6 5.Chhattisgarh 11 2 4 11 1 6. Goa 2 - - 2 7. Gujarat 26 2 4 26 2 8. Haryana 10 2 - 10 2 9. Himachal Pradesh 4 1 - 4 1 3[* - - - - 10. Jharkhand 14 1 5 14 1 11. Karnataka 28 4 - 28 5 12. Kerala 20 2 - 20 2 13. Madhya Pradesh 29 4 5 29 4 14. Maharashtra 48 3 4 48 5 15. Manipur 2 - 1 2 16. Meghalaya 2 - - 2 17. Mizoram 1 - 1 1 18. Nagaland 1 - - 1 19. Orissa 21 3 5 21 3 20. Punjab 13 3 - 13 4 21. Rajasthan 25 4 3 25 4 22. Sikkim 1 - - 1 23. Tamil Nadu 39 7 - 39 7 4[24. Telangana - - - 17 3 25. Tripura 2 - 1 2 26. Uttarakhand 5 - - 5 1 27. Uttar Pradesh 80 18 - 80 17 28. West Bengal 42 8 2 42 10 **II. UNION TERRITORIES** 1 - - 1 1. Andaman and Nicobar Islands 1 - - 1 2. Chandigarh 5[3. Dadra and Nagar 1 - 1 2 Haveli Daman and Diu 7 1 - 7 1 4. Delhi 1 - 1 1 5. Lakshadweep 1 - - 1 6. Puducherry 6[7. Jammu and Kashmir 5 - - 5 1 - - 1 8. Ladakh **543** **79** **41** **543** **84** 1. Subs. by Act 10 of 2008, s. 8, for the First Schedule (w.e.f. 16-4-2008). 2. Subs. by Act 6 of 2014, s. 14 and the Second Schedule, for “1. Andhra Pradesh 42 6 2 42 7 3” (w.e.f. 2-6-2014 ). 3. Entry “10. Jammu and Kashmir” deleted by Act 34 of 2019, s. 10 (w.e.f. 31-10-2019). Now Jammu and Kashmir is a Union territory, vide Act 34 of 2019, s. 2 (w.e.f. 31-10-2019). 4. Ins. by Act 6 of 2014, s. 14 and the Second Schedule (w.e.f. 2-6-2014). 5. Subs. by Act 44 of 2019, ss. 3 and 6 (w.e.f. 26-1-2020). 6. Ins. by Act 34 of 2019, ss. 3 and 10 (w.e.f. 31-10-2019). # 21 |Name of the State/Union territory|Number of seats in the House as constituted in 2004 on the basis of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as amended from time to time|Col3|Col4|Number of seats in the House as subsequently constituted as per the Delimitation of Parliamentary and Assembly Constituencies Order, 2008|Col6|Col7| |---|---|---|---|---|---|---| ||Total|Reserved for the Scheduled Castes|Reserved for the Scheduled Tribes|Total|Reserved for the Scheduled Castes|Reserved for the Scheduled Tribes| |1 2 3 4 5 6 7||||||| |I. STATES 2[1. Andhra Pradesh 2. Arunachal Pradesh 3. Assam 4. Bihar 5.Chhattisgarh 6. Goa 7. Gujarat 8. Haryana 9. Himachal Pradesh 3[* 10. Jharkhand 11. Karnataka 12. Kerala 13. Madhya Pradesh 14. Maharashtra 15. Manipur 16. Meghalaya 17. Mizoram 18. Nagaland 19. Orissa 20. Punjab 21. Rajasthan 22. Sikkim 23. Tamil Nadu 4[24. Telangana 25. Tripura 26. Uttarakhand 27. Uttar Pradesh 28. West Bengal II. UNION TERRITORIES 1. Andaman and Nicobar Islands 2. Chandigarh 5[3. Dadra and Nagar Haveli Daman and Diu 4. Delhi 5. Lakshadweep 6. Puducherry 6[7. Jammu and Kashmir 8. Ladakh|42 2 14 40 11 2 26 10 4 * 14 28 20 29 48 2 2 1 1 21 13 25 1 39 - 2 5 80 42 1 1 1 7 1 1 5 1|6 - 1 7 2 - 2 2 1 * 1 4 2 4 3 - - - - 3 3 4 - 7 - - - 18 8 - - - 1 - - - -|2 - 2 - 4 - 4 - - * 5 - - 5 4 1 - 1 - 5 - 3 - - - 1 - - 2 - - 1 - 1 - - -|25 2 14 40 11 2 26 10 4 * 14 28 20 29 48 2 2 1 1 21 13 25 1 39 17 2 5 80 42 1 1 2 7 1 1 5 1|4 - 1 6 1 - 2 2 1 * 1 5 2 4 5 - - - - 3 4 4 - 7 3 - 1 17 10 - - - 1 - - - -|1] - 2 - 4 - 4 - - *] 5 2 - 6 4 1 2 1 - 5 - 3 - - 2] 1 - - 2 - - 1] - 1 - -] -| ||543|79|41|543|84|47| ----- 1[THE SECOND SCHEDULE] (See sections 7 and 7A) _Total number of Seats in the Legislative Assemblies_ Name of the State/Union Number of seats in the House as constituted on territory the basis of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as amended from time to time Total Reserved for Reserved for Total the Scheduled the Scheduled Castes Tribes 1 2 3 4 5 **I. STATES** 2[1. Andhra Pradesh 294 39 15 175 2. Arunachal Pradesh 60 - 59 60 3. Assam 126 8 16 126 4. Bihar 243 39 - 243 5.Chhattisgarh 90 10 34 90 6. Goa 40 1 - 40 7. Gujarat 182 13 26 182 8. Haryana 90 17 - 90 9. Himachal Pradesh 68 16 3 68 3[* - - - 4[10. Jharkhand 81 9 28 81 11. Karnataka 224 33 2 224 12. Kerala 140 13 1 140 13. Madhya Pradesh 230 34 41 230 14. Maharashtra 288 18 22 288 15. Manipur 60 1 19 60 16. Meghalaya 60 - 55 60 17. Mizoram 40 - 39 40 18. Nagaland 60 - 59 60 19. Orrisa 147 22 34 147 20. Punjab 117 29 - 117 21. Rajasthan 200 33 24 200 22. Sikkim 32 2 12** 32 23. Tamil Nadu 234 42 3 234 6[24. Telangana - - - 119 25. Tripura 60 7 20 60 26. Uttarakhand 70 12 3 70 27.Uttar Pradesh 403 89 - 403 28. West Bengal 294 59 17 294 **II. UNION** TERRITORIES 1. Delhi 70 13 - 70 2. Puducherry 30 5 - 30 7[3. Jammu and Kashmir 83 6 - 83 1. Subs. by Act 10 of 2008, s. 8, for the Second Sch. (w.e.f. 16-4-2008). 2. Subs. by Act 6 of 2014, s. 17, for entry 1 (w.e.f. 2-6-2014). 3. Entry 10 omitted by Act 34 of 2019, s. 14 (w.e.f. 31-10-2019). 4. Entries 11 to 29 renumbered as 10 to 28 by Act 34 of 2019, s. 14(9)(b) (w.e.f. 31-10-2019). 5. Subs. by Act 41 of 2009, s. 3, for “38” (w.e.f. 1-2-2010). 6. Ins. by Act 6 of 2014, s. 17 (w.e.f. 2-6-2014). 7. Ins. by Act 34 of 2019, s. 14 (w.e.f. 31-10-2019). # 22 |Name of the State/Union territory|Number of seats in the House as constituted on the basis of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as amended from time to time|Col3|Col4|Number of seats in the House as subsequently constituted as per the Delimitation of Parliamentary and Assembly Constituencies Order, 2008|Col6|Col7| |---|---|---|---|---|---|---| ||Total|Reserved for the Scheduled Castes|Reserved for the Scheduled Tribes|Total|Reserved for the Scheduled Castes|Reserved for the Scheduled Tribes| |1 2 3 4 5 6 7||||||| |I. STATES 2[1. Andhra Pradesh 2. Arunachal Pradesh 3. Assam 4. Bihar 5.Chhattisgarh 6. Goa 7. Gujarat 8. Haryana 9. Himachal Pradesh 3[* 4[10. Jharkhand 11. Karnataka 12. Kerala 13. Madhya Pradesh 14. Maharashtra 15. Manipur 16. Meghalaya 17. Mizoram 18. Nagaland 19. Orrisa 20. Punjab 21. Rajasthan 22. Sikkim 23. Tamil Nadu 6[24. Telangana 25. Tripura 26. Uttarakhand 27.Uttar Pradesh 28. West Bengal II. UNION TERRITORIES 1. Delhi 2. Puducherry 7[3. Jammu and Kashmir|294 60 126 243 90 40 182 90 68 * 81 224 140 230 288 60 60 40 60 147 117 200 32 234 - 60 70 403 294 70 30 83|39 - 8 39 10 1 13 17 16 * 9 33 13 34 18 1 - - - 22 29 33 2 42 - 7 12 89 59 13 5 6|15 59 16 - 34 - 26 - 3 * 28 2 1 41 22 19 55 39 59 34 - 24 12** 3 - 20 3 - 17 - - -|175 60 126 243 90 40 182 90 68 * 81 224 140 230 288 60 60 40 60 147 117 200 32 234 119 60 70 403 294 70 30 83|29 - 8 38 10 1 13 17 17 * 9 36 14 35 29 1 - - - 24 34 34 2 44 19 10 13 85 68 12 5 6|7] 59 16 2 29 - 27 - 3 *] 28 15 2 47 25 19 55 5[39] 59 33 - 25 12** 2 12] 20 2 - 16] - - -]| ----- *Under the Constitution of Jammu and Kashmir, the number of seats in the Legislative Assembly of that State excluding the 24 seats earmarked for Pakistan occupied territory is 87 out of which 7 seats have been reserved for the Scheduled Castes in pursuance of the Jammu and Kashmir Representation of the People Act, 1957. ** Reserved 1 seat for Sanghas and 12 seats for the Sikkimese of Bhutia Lepcha origin.] # 23 ----- 1[THE THIRD SCHEDULE (See section 10) _Allocation of Seats in the Legislative Councils_ Name of State Total number of Number to be elected or nominated under article 171(3) seats Sub-clause Sub-clause Sub-clause Sub-clause (a) (b) (c) (d) 1 2 3 4 5 6 2[1. Andhra Pradesh 58 20 5 5 20 3[2. Bihar 75 24 6 6 27 4* - - - - 5[3.] Madhya Pradesh 90 31 8 8 31 6* - - - - 7[5. Maharashtra 78 22 7 7 30 8[6. 9[Karnataka] 75 25 7 7 25 10* - - - - 11[7. Tamil Nadu 78 26 7 7 26 12[7A. Telangana 40 14 3 3 14 13[8. Uttar Pradesh 100 36 8 8 38 1. Subs. by Act 37 of 1957, s. 12, for the Third Schedule (w.e.f. 18-9-1957). 2. Subs. by Act 12 of 2015, s. 3, for the existing entry 1 (w.e.f. 29-4-2015). 3. Subs. by Act 30 of 2000, s.17, for entry 2 (w.e.f. 15-11-2000). 4. Entry relating to Bombay omitted by Act 11 of 1960, s. 21 (w.e.f. 1-5-1960). 5. Entry 4 renumbered as entry 3 by s. 21, ibid. (w.e.f. 1-5-1960). 6. Omitted by Act 40 of 1986, s. 5 (w.e.f. 1-11-1986). 7. Ins. by Act 11 of 1960, s. 21 (w.e.f. 1-5-1960). 8. Subs. by Act 31 of 1987, s. 2, for entry 6 (w.e.f. 8-9-1987). 9. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, s. 3 and Schedule, for “Mysore” (w.e.f. 1-11- 1973). 10. Omitted by Act 46 of 1969, s. 5 (w.e.f. 7-1-1970). 11. Ins. by Act 16 of 2010, s. 4 (w.e.f. 18-5-2010). 12. Ins. by Act 6 of 2014, s. 17 (w.e.f. 2-6-2014). 13. Subs. by Act 29 of 2000, s.18, for entry 8 (w.e.f. 9-11-2000). # 24 |Name of State|Total number of seats|Number to be elected or nominated under article 171(3)|Col4|Col5|Col6|Col7| |---|---|---|---|---|---|---| |||Sub-clause (a)|Sub-clause (b)|Sub-clause (c)|Sub-clause (d)|Sub-clause (e)| |1 2 3 4 5 6 7||||||| |2[1. Andhra Pradesh 3[2. Bihar 4* 5[3.] Madhya Pradesh 6* 7[5. Maharashtra 8[6. 9[Karnataka] 10* 11[7. Tamil Nadu 12[7A. Telangana 13[8. Uttar Pradesh|58 75 * 90 * 78 75 * 78 40 100|20 24 * 31 * 22 25 * 26 14 36|5 6 * 8 * 7 7 * 7 3 8|5 6 * 8 * 7 7 * 7 3 8|20 27 * 31 * 30 25 * 26 14 38|8] 12] * 12 * 12] 11] * 12] 6] 10]| ----- THE FOURTH SCHEDULE [See section 27(2)] _Local authorities for purposes of elections to Legislative Councils_ 1[ANDHRA PRADESH 1. Municipal Corporations. 2. Municipalities. 3. Nagar Panchayats. 4. Cantonment Boards. 5. Zila Praja Parishads. 6. Mandal Praja Parishads.] 2[BIHAR 1. Nagar Parishads. 2. Cantonment Boards. 3. Nagar Panchayats. 4. Zila Parishads. 5. Panchayat Samitis. 6. Nagar Nigams (Corporations). 7. Gram Panchayats.] 3[MADHYA PRADESH 4[1. Municipalities. 2. Janapada Sabhas. 3. Mandal Panchayats. 4. Cantonment Boards. 5. Notified Area Committees. 6. Town Area Committees.]] 5**** 6[MAHARASHTRA 7[1. Municipalities. 2. Cantonment Boards. 8* - - - 4. Zilla Parishad.]] 1. Ins. by Act 1 of 2006, s. 4(b) (w.e.f. 11-1-2006). 2. Subs. by Act 6 of 2003, s. 2, for “BIHAR” (w.e.f. 6-1-2003). 3. Ins. by the Adaptation of Laws (No. 2) Order, 1956. 4. Subs. by Act 37 of 1957, s. 12 (c) (iii), for the existing entries (w.e.f. 1-11-1956). 5. The heading “TAMIL NADU” and the entries relating thereto omitted by the Tamil Nadu Legislative Council (Abolition) Act, 1986, s. 5 (w.e.f. 1-11-1986). 6. Ins. by Act 40 of 1961, s. 6 (w.e.f. 20-9-1961). 7. Subs. by Act 2 of 1963, s. 2, for the existing entries (w.e.f. 25-1-1963). 8. Omitted by Act 21 of 1989, s. 5 (w.e.f. 22-5-1989). # 25 ----- 1[KARNATAKA] 2[1. City Municipal Corporations. 2. City Municipal Councils. 3. Town Municipal Councils. 4. Town Panchayats. 5. Zilla Panchayats. 6. Taluk Panchayats. 7. Grama Panchayats. 8. Cantonment Boards.]] 3* - - - 4[TAMIL NADU 1. Municipalities, as referred to in article 243Q of the Constitution. 2. Panchayat Councils. 3. Cantonment Boards. 4. District Panchayats referred to in the Tamil Nadu Panchayat Act, 1994 (Tamil Nadu Act 21 of 1994).] 5[TELANGANA 1. Municipal Corporations. 2. Municipalities. 3. Nagar Panchayats. 4. Cantonment Boards. 5. Zila Praja Parishads. 6. Mandal Praja Parishads. ] UTTAR PRADESH 6[1. Municipal Corporations. 2. Municipal Councils. 3. Zila Panchayats. 4. Nagar Panchayats. 5. Kshettra Panchayats. 6. Cantonment Boards.] 7* - - - 8* - - - 1. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, s. 3 and Schedule, for “MYSORE” (w.e.f. 1-11- 1973). 2. Subs. by Act 29 of 1996, s. 2, for the entries 1 to 5 (w.e.f. 13-9-1996). 3. Omitted by Act 46 of 1969, s. 5 (w.e.f. 7-1-1970). 4. Ins. by Act 16 of 2010, s. 4 (w.e.f. 18-5-2010). 5. Ins. by Act 6 of 2014, s. 23 (w.e.f. 2-6-2014). 6. Subs. by Act 29 of 1996, s. 2, for the entries 1 to 6 (w.e.f. 13-9-1996). 7. Omitted by Act 20 of 1969, s. 5 (w.e.f. 11-8-1969). 8. Omitted by the Adaptation of Laws (No. 2) order, 1956. # 26 ----- [THE FIFTH SCHEDULE.] _Omitted by the Government of Union Territories Act, 1963_ (20 of 1963), s. 57 and the Second Schedule. # 27 ----- [THE SIXTH SCHEDULE.] _Omitted by the Representation of the People (Amendment)_ _Act, 1956 (2 of 1956), s. 27._ # 28 ----- [THE SEVENTH SCHEDULE.] Omitted by s. 27, ibid. # 29 -----

18-May-1950

45

The Air Force Act, 1950

https://www.indiacode.nic.in/bitstream/123456789/1819/5/A1950-45.pdf

central

# THE AIR FORCE ACT, 1950 ______ ARRANGEMENT OF SECTIONS ______ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Persons subject to this Act. 3. Termination of application of the Act. 4. Definitions. CHAPTER II SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES 5. Application of Act to certain forces under the Central Government. 6. Special provision as to rank in certain cases. 7. Commanding Officer of person subject to Air Force law under clause (d) of section 2. 8. Officers exercising powers in certain cases. 9. Power to declare persons to be on active service. CHAPTER III COMMISSION, APPOINTMENT AND ENROLMENT 10. Commission and appointment. 11. Ineligibility of aliens for enrolment. 12. Ineligibility of females for enrolment or employment. 13. Procedure before enrolling officer. 14. Mode of enrolment. 15. Validity of enrolment. 16. Persons to be attested. 17. Mode of attestation. 1 ----- CHAPTER IV CONDITIONS OF SERVICE SECTIONS 18. Tenure of service under the Act. 19. Termination of service by Central Government. 20. Dismissal, removal or reduction by Chief of the Air staff and other officers. 21. Power to modify certain fundamental rights in their application to persons subject to this Act. 22. Retirement, release or discharge. 23. Certificate on termination of service. 24. Discharge or dismissal when out of India. CHAPTER V SERVICE PRIVILEGES 25. Authorised deductions only to be made from pay. 26. Remedy of aggrieved airmen. 27. Remedy of aggrieved officers. 28. Immunity from attachment. 29. Immunity from arrest for debt. 30. Immunity of persons attending courts-martial from arrest. 31. Privileges of reservists. 32. Priority in respect of Air Force personnel's litigation. 33. Saving of rights and privileges under other laws. CHAPTER VI OFFENCES 34. Offences in relation to the enemy and punishable with death. 35. Offences in relation to the enemy and not punishable with death. 36. Offences punishable more severely on active service than at other times. 37. Mutiny. 38. Desertion and aiding desertion. 39. Absence without leave. 40. Striking or threatening superior officer. 41. Disobedience to superior officer. 2 ----- SECTIONS 42. Insubordination and obstruction. 43. Fraudulent enrolment. 44. False answers on enrolment. 45. Unbecoming conduct. 46. Certain forms of disgraceful conduct. 47. III-treating a subordinate 48. Intoxication. 49. Permitting escape of person in custody. 50. Irregularity in connection with arrest or confinement. 51. Escape from custody. 52. Offences to respect of property. 53. Extortion and corruption. 54. Making away with equipment. 55. Injury to property. 56. False accusation. 57. Falsifying official documents and false declaration. 58. Signing in blank and failure to report. 59. Offences relating to courts-martial. 60. False evidence. 61. Unlawful detention of pay. 62. Offences in relation to aircraft and flying. 63. Other offences relating to aircraft and flying. 64. Disobedience of lawful command of captain of aircraft. 65. Violation of good order and air force discipline. 66. Miscellaneous offences. 67. Attempt. 68. Abetment of offences that have been committed. 69. Abetment of offences punishable with death and not committed. 70. Abetment of offences punishable with imprisonment and not committed. 71. Civil offences. 3 ----- SECTIONS 72. Civil offences not triable by court-martial. CHAPTER VII PUNISHMENTS 73. Punishments awardable by courts-martial. 74. Alternative punishments awardable by court-martial. 75. Combination of punishments. 76. Cashiering of officers. 77. Field punishment. 78. Position of field punishment in scale of punishments. 79. Result of certain punishments in the case of a warrant officer or a non-commissioned officer. 80. Retention in the ranks of a person convicted on active service. 81. Punishments otherwise than by court-martial. 82. Punishment of persons other than officers and warrant officers. 83. Requirement of sanction in certain cases. 84. Limit of punishments under section 82. 85. Punishments in addition to those specified in section 82. 86. Punishment of officers and warrant officers. 87. Transmission of proceedings. 88. Review of proceedings. 89. Superior air force authority. 90. Collective fines. CHAPTER VIII PENAL DEDUCTIONS 91. Deductions from pay and allowances of officers. 92. Deductions from pay and allowances of airmen. 93. Computation of time of absence of custody. 94. Pay and allowances daring trial. 95. Limit of certain deductions. 96. Deduction from public money due to a person. 97. Pay and allowances of prisoner of war during inquiry into his conduct. 98. Remission of deductions. 4 ----- SECTIONS 99. Provision for dependants of prisoner of war from remitted deductions. 100. Provision for dependants of prisoner of war from his pay and allowances. 101. Period during which a person is deemed to be a prisoner of war. CHPATER IX ARREST AND PROCEEDINGS BEFORE TRIAL 102. Custody of offenders. 103. Duty of commanding officer in regard to detention. 104. Interval between committal and court-martial. 105. Arrest by civil authorities. 106. Capture of deserters. 107. Inquiry into absence without leave. 108. Provost-marshals. CHAPTER X COURTS-MARTIAL 109. Different kinds of courts-martial. 110. Power to convene a general court-martial. 111. Power to convene a district court-martial. 112. Contents of warrants issued under sections 110 and 111. 113. Power to convene a summary general court-martial. 114. Composition of general court-martial. 115. Composition of district court-martial. 116. Composition of summary general court-martial. 117. Dissolution of court-martial. 118. Powers of general and summary general courts-martial. 119. Powers of district Court-martial. 120. Prohibition of second trial. 121. Period of limitation for trial. 122. Liability of offender who ceases to be subject to Act. 123. Place of trial. 5 ----- SECTIONS 124. Choice between criminal court and court-martial. 125. Power of criminal court to require delivery of offender. 126. Successive trials by a criminal court and a court-martial. CHAPTER XI PROCEDURE OF COURTS-MATRIAL 127. Presiding Officer. 128. Judge Advocate. 129. Challenges. 130. Oaths of member, Judge advocate and witness. 131. Voting by members. 132. General rule as to evidence. 133. Judicial notice. 134. Summoning witnesses. 135. Documents exempted from production. 136. Commissions for examination of witnesses. 137. Examination of a witness on commission. 138. Conviction of offence not charged. 139. Presumption as to signatures. 140. Enrolment paper. 141. Presumption as to certain documents. 142. Reference by accused to Government officer. 143. Evidence of previous convictions and general character. 144. Lunacy of accused. 145. Subsequent fitness of lunatic accused for trial. 146. Transmission to Central Government of orders under section 145. 147. Release of lunatic accused. 148. Delivery of lunatic accused to relatives. 149. Order for custody and disposal of property pending trial. 150. Order for disposal of property regarding which offence is committed. 151. Powers of courts-martial when certain offences are committed by persons not subject to this Act. 6 ----- CHAPTER XII CONFIRMATION AND REVISION SECTIONS 152. Finding and sentence not valid, unless confirmed. 153. Power to confirm finding and sentence of general court-martial. 154. Power to confirm finding and sentence of district court-martial. 155. Limitation of powers of confirming authority. 156. Power to confirm finding and sentence of summary general courts-martial. 157. Power of confirming authority to mitigate, remit or commute sentences. 158. Confirming of findings and sentences on board a ship. 159. Revision of finding or sentence. 160. Alteration of finding or sentence in certain cases. 161. Remedy against order, finding or sentence of court-martial. 162. Annulment of proceedings. CHAPTER XIII EXECUTION OF SENTENCES 163. Form of sentence of death. 164. Commencement of sentence of transportation or imprisonment. 165. Execution of sentence of transportation. 166. Execution of sentence of imprisonment. 167. Temporary custody of offender. 168. Execution of sentence of imprisonment in special cases. 169. Conveyance of prisoner from place to place. 170. Execution of sentence of detention. 171. Communication of certain orders to prison officers. 172. Execution of sentence of fine. 173. Establishment and regulation of air force prisons. 174. Informality or error in the order or warrants. 175. Power to make rules in respect of prisons and prisoners. 7 ----- SECTIONS 176. Restriction of rule-making power in respect to corporal punishment. CHAPTER XIV PARDONS REMISSIONS AND SUSPENSIONS 177. Pardon and remission. 178. Cancellation of conditional pardon, release on parole or remission. 179. Reduction of warrant officer or non-commissioned officer. 180. Suspension of sentence of transportation, imprisonment or detention. 181. Orders pending suspension. 182. Release on suspension. 183. Computation of period of suspension. 184. Order after suspension. 185. Reconsideration of case after suspension. 186. Fresh sentence after suspension. 187. Scope of power of suspension. 188. Effect of suspension and remission on dismissal. CHAPTER XV RULES 189. Power to make rules. 190. Power to make regulations. 191. Publication of rules and regulations in Gazette. 191A. Laying of rules and regulations before Parliament. 192. [Repealed.] CHAPTER XVI TRANSITORY PROVISIONS 193. Definition of British officer. 194. Powers of British officer. 8 ----- # THE AIR FORCE ACT, 1950 ACT NO. 45 OF 1950[1] [18th May, 1950.] # An Act to consolidate and amend the law relating to the government of the Air Force. BE it enacted by Parliament as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Air Force Act, 1950.** (2) It shall come into force on such date[2] as the Central Government may by notification in the Official Gazette, appoint in this behalf. **2. Persons subject to this Act.—The following persons shall be subject to this Act wherever they** may be, namely:— (a) officers and warrant officers of the Air Force; (b) persons enrolled under this Act; 3[(c) persons belonging to the Regular Air Force Reserve or the Air Defence Reserve or the Auxiliary Air Force, in the circumstances specified in section 26 of the Reserve and Auxiliary Air Forces Act, 1952 (62 of 1952);] (d) persons not otherwise subject to air force law, who, on active service, in camp, on the march, or at any frontier post specified by the Central Government by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany any portion of the Air Force. **3. Termination of application of the Act.—Every person subject to this Act under clauses (a) to (c)** of section 2 shall remain so subject until duly retired, discharged, released, removed, dismissed or cashiered from the service. **4. Definitions.—In this Act, unless the context otherwise requires.—** (i) “active service”, as applied to a person subject to this Act, means the time during which such person— or (a) is attached to, or forms part of a force which is engaged in operations against an enemy, (b) is engaged in air force operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or (c) is attached to, or forms part of, a force which is in military occupation of any foreign country; 1.The Act has been extdended to Goa, Daman and Diu by Regulation 12 of and Schedule (w.e.f. 31-1-1963), Dadra and Nagar Haveli by Regulation 6 of 1963, s. 2 and the First Schedule Pondicherry by Regulation 7 of 1963, s. 3 and First Schedule. 2. 22nd July, 1950, vide Notification No. S.R.O. 124, dated 22nd July, see Gazette of India, 1950, Part II, sec. 4. 3. Subs. by Act 62 of 1952, s. 35, for clause (c) (w.e.f. 15-8-1955). 9 ----- (ii) “aircraft” includes aeroplanes, balloons, lite balloons, airships, gliders or other machines for flying; (iii) “aircraft material” includes any engines, fittings, guns, gear, instruments or apparatus for use in connection with aircraft, and any of its components and accessories and petrol oil, and any other substance used for providing motive power for planes; (iv) “Air Force” means officers and airmen who by their commission, warrant, terms of enrolment or otherwise, are liable to render continuously for a term air force service to the Union in every part of the world or any specified part of the world, including persons belonging to[1][any Air Force Reserve or the Auxiliary Air Force], when called out on permanent service; (v) “Air force custody” means the arrest or confinement of a person according to the usages of the service and includes military or naval custody; (vi) “Air Force law” means the law enacted by this Act and the rules made thereunder and includes the usages of the service; (vii) “Air Force reward” includes any gratuity or annuity for long service or good conduct, badge pay or pension, and any other Air Force pecuniary reward; (viii) “airman” means any person subject to this Act other than an officer; (ix) “air officer” means any officer of the Air Force above the rank of group captain; (x) “air signal” means any signal intended for the guidance of aircraft, whether given by flag, ground signal, light, wind indicator or in any manner whatsoever; (xi) “Chief Legal Adviser” means a person appointed as such by[2] [the Chief of the Air staff] to give advice on matters relating to air force law and to perform such other duties of a legal character as may arise in connection therewith; (xii) “civil offence” means an offence which is triable by a criminal court; (xiii) “civil prison” means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force; 3[(xiv) “Chief of the Air Staff” means the officer commanding the Air Force;] (xv) “commanding officer” used in relation to a person subject to this Act, means the officer for the time being in command of the unit or detachment to which such person belongs or is attached; (xvi) “court-martial” means a court-martial held under this Act; (xvii) “criminal court” means a court of ordinary criminal justice in any part of India,[4]***; (xviii) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to air force law to act; (xix) “the Forces” means the regular Army, Navy and Air Force or any part of any one or more of them; 1. Subs by Act 62 of 1952, s. 35, for “the Indian Air Force Volunteer Reserve” (w.e.f. 15-8-1955). 2. Subs by Act 19 of 1955, s. 2 and the Schedule, for “Commander-in-Chief” (w.e.f. 15-8-1955). 3. Subs by s. 2 and the Schedule, ibid., for clause (xiv) (w.e.f. 15-8-1955). 4. The words “other than the State of Jammu and Kashmir” omitted by Act 13 of 1975, s. 2 (w.e.f. 25-1-1975). 10 ----- (xx) “non-commissioned officer” means a person holding a non-commissioned rank or an acting non-commissioned rank in the Air Force, and includes any person holding a non-commissioned rank or an acting non-commissioned rank in [1][any Air Force Reserve or the Auxiliary Air Force] when subject to this Act; (xxi) “notification” means a notification published in the Official Gazette; (xxii) “offence” means any act or omission punishable under this Act, and includes a civil offence, as hereinbefore defined; (xxiii) “officer” means a person commissioned, gazetted or in pay as an officer in the Air Force, and includes— (a) an officer of[1][any Air Force Reserve or the Auxiliary Air Force] who is for the time being subject to this Act; (b) in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the regular Army or the Navy, but does not include a junior commissioned officer, warrant officer, petty officer or non-commissioned officer; (xxiv) “prescribed” means prescribed by rules made under this Act; (xxv) “provost-marshal” means a person appointed as such under section 108 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf; (xxvi) “regulation” includes a regulation made under this Act; (xxvii) “superior officer”, when used in relation to a person subject to this Act, includes a warrant officer and a non-commissioned officer, and as regards persons serving under such conditions as may be prescribed, an officer, junior commissioned officer, warrant officer, petty officer and non-commissioned officer of the regular Army or the Navy; (xxviii) “unit” includes— (a) anybody of officers and airmen for which a separate authorised establishment exists; (b) any separate body of persons subject to this Act employed on any service and not attached to a unit as aforesaid; (c) any other separate body of persons composed wholly or partly of persons subject to this Act, and specified as a unit by the Central Government; (xxix) “warrant officer” means a person appointed, gazetted or in pay as a warrant officer of the Air Force and includes an acting warrant officer, a master warrant officer, and a warrant officer of[1][any Air Force Reserve or the Auxiliary Air Force] who is for the time being subject to this Act; (xxx) [2][all words (except the word “India”)] and expressions used herein and defined in the Indian Penal Code (45 of 1860) and not hereinbefore defined shall be deemed to have the meanings respectively assigned to them by that Code. 1. Subs. by Act 62 of 1952, s. 35, for “Indian Air Force Volunteer Reserve” (w.e.f. 15-8-1955). 2. Subs by Act 13 of 1975, s. 2, for “all words” (w.e.f. 25-1-1975). 11 ----- CHAPTER II SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES **5. Application of Act to certain forces under the Central Government.—(1) The Central** Government may, by notification, apply, with or without modifications, all or any of the provisions of this Act to any force raised and maintained in India and suspend the operation of any other enactment for the time being applicable to the said force. (2) The provisions of this Act so applied shall have effect in respect of persons belonging to the said force as they have effect in respect of persons subject to this Act holding in the Air Force the same or equivalent rank as the aforesaid persons hold for the time being in the said force. (3) The provisions of this Act so applied shall also have effect in respect of persons who are employed by, or are in the service of, or are followers of, or accompany any portion of the said force as they have effect in respect of persons subject to this Act under clause (d) of section 2. (4) While any of the provisions of this Act apply to the said force, the Central Government may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force. **6. Special provision as to rank in certain cases.—(1) The Central Government may, by notification,** direct that any person or class of persons subject to this Act under clause (d) of section 2, shall be so subject as officers, warrant officers or non-commissioned officers, and may authorise any officer to give a like direction and to cancel such direction. (2) All persons subject to this Act other than officers, warrant officers and non-commissioned officers shall, if they are not persons in respect of whom a notification or direction under sub-section (1) is in force, be deemed to be of rank inferior to that of a non-commissioned officer. **7. Commanding officer of person subject to air force law under clause (d) of section 2.—(1)** Every person subject to this Act, under clause (d) of section 2, shall, for the purposes of this Act, be deemed to be under the commanding officer of the unit, or detachment, if any, to which he is attached, and if he is not so attached under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person may for the time being be serving, or of any other prescribed officer, or, if no such officer is named or prescribed, under the command of the said officer commanding the force. (2) An officer commanding a force shall not place a person subject to this Act under clause (d) of section 2 under the command of an officer of official rank inferior to that of such person if there is present at the place where such person is any officer of higher rank under whose command he can be placed. **8. Officer exercising powers in certain cases.—(1) Whenever persons subject to this Act are serving** under an officer commanding any air force formation not in this section specifically named, and being, in the opinion of the Central Government, not less than a squadron, the said Government may prescribe the officer by whom the powers which, under this Act, may be exercised by air officers in charge of commands, and officers commanding groups, wings and squadrons shall, as regards such persons, be exercised. (2) The Central Government may confer such powers either absolutely, or subject to such restrictions, reservations, exceptions and conditions as it may think fit. 12 ----- **9. Power to declare persons to be on active service.—Notwithstanding anything contained in** clause (i) of section 4, the Central Government may, by notification, declare that any person or class of persons subject to this Act shall, with reference to any area in which they may be serving or with reference to any provision of this Act or of any other law for the time being in force, be deemed to be on active service within the meaning of this Act. CHAPTER III COMMISSION, APPOINTMENT AND ENROLMENT **10. Commission and appointment.—The President may grant, to such person as he thinks fit a** commission as an officer or appoint any person as a warrant officer of the Air Force. **11. Ineligibility of aliens for enrolment.—No person who is not a citizen of India shall, except with** the consent of the Central Government signified in writing, be enrolled in the Air Force: Provided that nothing contained in this section shall bar the enrolment of the subjects of Nepal in the Air Force. **12. Ineligibility of females for enrolment or employment.—No female shall be eligible for** enrolment or employment in the Air Force, except in such corps, department, branch or other body forming part of, or attached to any portion of, the Air Force as the Central Government may, by notification, specify in this behalf: Provided that nothing contained in this section shall affect the provisions of any law for the time being in force providing for the raising and maintenance of any service auxiliary to the Air Force or any branch thereof in which females are eligible for enrolment or employment. **13. Procedure before enrolling officer.—Upon the appearance before the prescribed enrolling** officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explained to him, in his presence, the conditions of the service for which he is to be enrolled; and shall put to him the questions set forth in the prescribed form of enrolment, and shall, after having cautioned him that if he makes a false answer to any such question he will be liable to punishment under this Act, record or cause to be recorded his answer to each such question. **14. Mode of enrolment.—If, after complying with the provisions of section 13, the enrolling officer** is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of service, and if such officer perceives no impediment, he shall sign and shall also cause such person to sign the enrolment paper, and such person shall thereupon be deemed to be enrolled. **15. Validity of enrolment.—Every person who has for the space of three months been in receipt of** pay as a person enrolled under this Act and been borne on the rolls of any unit shall be deemed to have been duly enrolled, and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrolment or on any other ground whatsoever; and if any person, in receipt of such pay and borne on the rolls as aforesaid, claims his discharge before the expiry of three months from his enrolment, no such irregularity or illegality or other ground shall, until he is discharged in pursuance of his claim, affect his position as an enrolled person under this Act or invalidate any proceedings, act or thing taken or done prior to his discharge. **16. Persons to be attested.—The following persons shall be attested, namely:—** (a) all persons enrolled as combatants; (b) all persons selected to hold a non-commissioned or acting non-commissioned rank; and (c) all other persons subject to this Act as may be prescribed by the Central Government. **17. Mode of attestation.—(1) When a person who is to be attested is reported fit for duty, or has** completed the prescribed period of probation, an oath or affirmation shall be administered to him in the 13 ----- prescribed form by his commanding officer in front of his unit or such portion thereof as may be present, or by any other prescribed persons. (2) The form of oath or affirmation prescribed under this section shall contain a promise that the person to be attested will bear true allegiance to the Constitution of India as by law established, and that he will serve in the Air Force and go wherever he is ordered by land, sea or air, and that he will obey all commands of any officer set over him, even to the peril of his life. (3) The fact of an enrolled person having taken the oath or affirmation directed by this section to be taken shall be entered on his enrolment paper and authenticated by the signature of the officer administering the oath or affirmation. CHAPTER IV CONDITIONS OF SERVICE **18. Tenure of service under the Act.—Every person subject to this Act shall hold office during the** pleasure of the President. **19. Termination of service by Central Government.—Subject to the provisions of this Act and the** rules and regulations made thereunder, the Central Government may dismiss, or remove from the service any person subject to this Act. **20. Dismissal, removal or reduction by [1][Chief of the Air Staff] and other officers.—(1) [1][Chief** of the Air Staff] may dismiss or remove from the service any person subject to this Act other than an officer. (2) [1][Chief of the Air Staff] may reduce to a lower grade or rank or the ranks, any warrant officer or any non-commissioned officer. (3) An officer having power not less than an air officer in charge of a command or equivalent commander or any prescribed officer may dismiss or remove from the service any person serving under his command other than an officer or a warrant officer. (4) On active service, an officer commanding the air forces in the field may reduce to a lower rank or to the ranks any warrant officer or non-commissioned officer under his command. (5) [1][Chief of the Air Staff] or an officer specified in sub-section (3) may reduce to a lower class in the ranks any airman other than a warrant officer or non-commissioned officer. (6) The commanding officer of an acting non-commissioned officer may order him to revert to his substantive rank as a non-commissioned officer, or if he had no such substantive rank, to the ranks. (7) The exercise of any powers under this section shall be subject to the other provisions contained in this Act and the rules and regulations made thereunder. **21. Power to modify certain fundamental rights in their application to persons subject to this** **Act.—Subject to the provisions of any law for the time being in force relating to the Air Force or to any** branch thereof, the Central Government may, by notification, make rules a restricting in such manner and to such extent as may be specified the right of any person subject to this Act— (a) to be a member of, or to be associated in any way with, any trade union or labour union, or any class of trade or labour unions or any society, institution or association, or any class of societies, institutions or associations; (b) to attend or address any meeting or to take part in any demonstration organised by any body of persons for any political or other purposes; (c) to communicate with the press or to publish or cause to be published any book, letter or other document. 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”(w.e.f. 7-5-1955). 14 ----- **22. Retirement, release or discharge.—Any person subject to this Act may be retired, released or** discharged from the service by such authority and in such manner as may be prescribed. **23. Certificate on termination of service.—Every warrant officer, or enrolled person who is** dismissed, removed, discharged, retired or released from the service shall be furnished by his commanding officer with a certificate, in the language which is the mother tongue of such person and also in the English language setting forth— (a) the authority terminating his service; (b) the cause for such termination; and (c) the full period of his service in the Air Force. **24. Discharge or dismissal when out of India.—(1) Any person enrolled under this Act who is** entitled under the conditions of his enrolment to be discharged, or whose discharge is ordered by competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of India, and requests to be sent to India, shall, before being discharged, be sent to India with all convenient speed. (2) Any person enrolled under this Act who is dismissed from the service and who, when he is so dismissed, is serving out of India, shall be sent to India with all convenient speed. (3) Where any such person as is mentioned in sub-section (2) is sentenced to dismissal combined with any other punishment, such other punishment or, in the case of a sentence of transportation, imprisonment or detention, a portion of such sentence may be inflicted before he is sent to India. (4) for the purposes of this section, the word, “discharge” shall include release, and the word “dismissal” shall include removal. CHAPTER V SERVICE PRIVILEGES **25. Authorised deductions only to be made from pay.—The pay of every person subject to this Act** due to him as such under any regulation, for the time being in force, shall be paid without any deduction other than the deductions authorised by or under this or any other Act. **26. Remedy of aggrieved airmen.—(1) Any airman who deems himself wronged by any superior or** other officer may, if not attached to a unit or detachment, complain to the officer under whose command or orders he is serving; and may, if attached to a unit or detachment, complain to the officer commanding the same. (2) When the officer complained against is the officer to whom any complaint should, under sub-section (1), be preferred, the aggrieved airman may complain to such officer's next superior officer, and if he thinks himself wronged by such superior officer, he may complain to [1][the Chief of the Air Staff.] (3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant; or, when necessary, refer the complaint to superior authority. (4) Every such complaint shall be preferred in such manner as may from time to time be specified by the proper authority. (5) The Central Government may revise any decision by a [1][the Chief of the Air staff] under sub-section (2), but subject thereto, the decision of [1][the Chief of the Air Staff] shall be final. **27. Remedy of aggrieved officers.—Any officer who deems himself wronged by his commanding** officer or any superior officer and who on due application made to his commanding officer does not 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” (w.e.f. 7-5-1955). 15 ----- receive the redress to which he considers himself entitled, may complain to the Central Government in such manner as may from time to time be specified by the proper authority. **28. Immunity from attachment.—The arms, clothes, equipment, accoutrements or necessaries of** any person subject to this Act shall not be seized, and the pay and allowances of any such person or any part thereof shall not be attached, by direction of any civil or revenue court or any revenue officer, in satisfaction of any decree or order enforceable against him. **29. Immunity from arrest for debt.—(1) No person subject to this Act shall, so long as he belongs** to the Forces be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court or revenue officer. (2) The judge of any such court or the said officer may examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section, and may, by warrant under his hand, discharge the person, and award reasonable costs to the complainant, who may recover those costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process. (3) For the recovery of such costs no court-fee shall be payable by the complainant. **30. Immunity of persons attending courts-martial from arrest.—(1) No presiding officer or** member of a court-martial, no judge advocate, no party to any proceeding before a court-martial, or his legal practitioner or agent, and no witness acting in obedience to a summons to attend a court-martial shall, while proceeding to, attending, or returning from, a court-martial, be liable to arrest under civil or revenue process. (2) If any such person is arrested under any such process, he may be discharged by order of the court-martial. **31. Privileges of reservists.—Every person belonging to [1][any Air Force Reserve or the Auxiliary** Air Force] shall, when called out for, or engaged in, or returning from, training or service, be entitled to all the privileges accorded by sections 28 and 29 to a person subject to this Act. **32. Priority in respect of Air Force personnel's litigation.—(1) On the presentation to any court** by or on behalf of any person subject to this Act of a certificate, from the proper air force authority, of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for. (2) The certificate from the proper air force authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which the leave was granted or applied for. (3) No fee shall be payable to the court in respect of the presentation of any such certificate, or of any application by or on behalf of any such person, for priority for the hearing of his case. 1. Subs. by Act 62 of 1952, s. 35, for “the Air Force Reserve” (w.e.f. 15-8-1955). 16 ----- (4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself. (5) If in any case a question arises as to the proper air force authority qualified to grant such certificate as aforesaid. Such question shall be at once referred by the court to an officer having power not less than a group commander or equivalent commander whose decision shall be final. **33. Saving of rights and privileges under other laws.—The rights and privileges specified in the** preceding sections of this Chapter shall be in addition to any others conferred on persons subject to this Act or on members of the regular Army, Navy and Air Force generally by any other law for the time being in force. CHAPTER VI OFFENCES **34. Offences in relation to the enemy and punishable with death.—Any person subject to this Act** who commits any of the following offences, that is to say,— (a) shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit the said act; or (b) intentionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy; or (c) in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or (d) treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union; or (e) directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies; or (f) treacherously or through cowardice sends a flag of truce to the enemy; or (g) in time of war or during any air force operation, intentionally occasions a false alarm in action, camp or quarters or spreads reports calculated to create alarm or despondency; or (h) in time of action leaves his commanding officer or his post, guard, piquet, patrol or party without being regularly relieved or without leave; or (i) having been made a prisoner of war, voluntarily serves with or aids the enemy; or (j) knowingly harbours or protects an enemy not being a prisoner; or (k) being a sentry in time of war or alarm, sleeps upon his post or is intoxicated; or (l) knowingly does any act calculated to imperil the success of the military, naval or air forces of India or any forces co-operating therewith or any part of such forces; or (m) treacherously or shamefully causes the capture or destruction by the enemy of any aircraft belonging to the forces; or (n) treacherously uses any false air signal or alters or interferes with any air signal; or (o) when ordered by his superior officer or otherwise under orders to carry out any air force operations, treacherously or shamefully fails to use his utmost exertions to carry such orders into effect, shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned. 17 ----- **35. Offences in relation to the enemy and not punishable with death.—Any person subject to this** Act who commits any of the following offences, that is to say,— (a) is taken prisoner, by want of due precaution, or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner, fails to rejoin his service when able to do so; or (b) without due authority holds correspondence with or communicates intelligence to the enemy; or having come by the knowledge of any such correspondence or communication wilfully omits to discover it immediately to his commanding or other superior officer; or (c) without due authority sends a flag of truce to the enemy; or (d) negligently causes the capture or destruction by the enemy of any aircraft belonging to the Government; or (e) when ordered by his superior officer, or otherwise under orders to carry out any warlike operations in the air, negligently or through other default fails to use his utmost exertions to carry such orders into effect; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. **36. Offences punishable more severely on active service than at other times.—Any person subject** to this Act who commits any of the following offences, that is to say,— (a) forces a safeguard, or forces or uses criminal force to a sentry; or (b) breaks into any house or other place in search of plunder; or (c) being a sentry sleeps upon his post, or is intoxicated; or (d) without orders from his superior officer leaves his guard, piquet, patrol or post; or (e) intentionally or through neglect occasions a false alarm in camp or quarters; or spreads reports calculated to create unnecessary alarm or despondency; or (f) makes known the parole, watchword or countersign to any person not entitled to receive it; or knowingly gives a parole, watchword or countersign different from what he received; or (g) without due authority alters or interferes with any air signal; shall, on conviction by court martial, if he commits any such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he commits any such offence when not on active service, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **37. Mutiny.—Any person subject to this Act who commits any of the following offences, that is to** say,— (a) begins, incites, causes, or conspires, with any other persons to cause, any mutiny in the military, naval or air forces of India or any forces co-operating therewith; or (b) joins in any such mutiny; or (c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or (d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to commit such mutiny or any such conspiracy, does not, without delay, give information thereof to his commanding or other superior officer; or (e) endeavours to seduce any person in the military, naval or air forces of India from his duty or allegiance to the Union, shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned. 18 ----- **38. Desertion and aiding desertion.—(1) Any person subject to this Act who deserts or attempts to** desert the service shall on conviction by court-martial, if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this Act mentioned; and if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **39. Absence without leave.—Any person subject to this Act who commits any of the following** offences, that is to say,— (a) absents himself without leave; or (b) without sufficient cause overstays leave granted to him; or (c) being on leave of absence and having received information from proper authority that any unit or detachment to which he belongs, has been ordered on active service, fails, without sufficient cause, to rejoin without delay; or (d) without sufficient cause fails to appear at the time fixed, at the parade or place appointed for exercise or duty; or (e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march; or (f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer; or (g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. **40. Striking or threatening superior officer.—Any person subject to this Act who commits any of** the following offences, that is to say,— (a) uses criminal force to, or assaults his superior officer; or (b) uses threatening language to such officer; or (c) uses insubordinate language to such officer, shall, or, conviction by court-martial, if such officer is at the time in the execution of his office or, if the offence is committed on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned: Provided that in the case of an offence specified in clause (c), the imprisonment shall not exceed five years. 19 ----- **41. Disobedience to superior officer.—(1) Any person subject to this Act who disobeys in such** manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally or in writing or by signal or otherwise shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who disobeys any lawful command given by his superior officer shall, on conviction by court-martial, if he commits such offence when not on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. if he commits such offence when on active service, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned; and **42. Insubordination and obstruction.—Any person subject to this Act who commits any of the** following offences, that is to say,— (a) being concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or (b) uses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not this superior officer; or (c) resists an escort whose duty it is to apprehend him or to have him in charge; or (d) breaks out of barracks, camp or quarters; or (e) neglects to obey any general, local or other order; or (f) impedes the provost-marshal or any person lawfully acting on his behalf or, when called upon, refuses to assist in the execution of his duty a provost-marshal or any person lawfully acting on his behalf; or (g) uses criminal force to or assaults any person bringing provisions or supplies to the Forces, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clauses (d) and (e) to two years, and in the case of the offences specified in the other clauses to ten years or such less punishment as is in this Act mentioned. **43. Fraudulent enrolment.—Any person subject to this Act who commits any of the following** offences, that is to say,— (a) without having obtained a regular discharge from the Air Force or otherwise fulfilled the conditions enabling him to enroll or enter, enrolls himself in, or enters the said force or any part of the military or the naval forces of India; or (b) is concerned in the enrolment in any part of the Forces, of any person when he knows or has reason to believe such person to be so circumstanced that by enrolling he commits an offence against this Act, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. **44. False answers on enrolment.—Any person having become subject to this Act who is discovered** to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. **45. Unbecoming conduct.—Any officer or warrant officer who behaves in a manner unbecoming his** position and the character expected of him shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned; and if he is a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned. 20 ----- **46. Certain forms of disgraceful conduct.—Any person subject to this Act who commits any of the** following offences, that is to say,— (a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or (b) malingers, or feigns, or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or (c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **47. Ill-treating a subordinate.—Any officer, warrant officer or non-commissioned officer, who uses** criminal force to or otherwise ill-treats any person subject to this Act, being his subordinate in rank or position, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **48. Intoxication.—(1) Any person subject to this Act who is found in a state of intoxication, whether** on duty or not, shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned; and if he is not an officer, be liable, subject to the provisions of sub-section (2), to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. (2) Where an offence of being intoxicated is committed by a person other than an officer when not on active service or not on duty, the period of imprisonment awarded shall not exceed six months. **49. Permitting escape of person in custody.—Any person subject to this Act who commits any of** the following offences, that is to say,— (a) when in command of a guard, piquet, patrol or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge or refuses to receive any prisoner or person so committed ; or (b) wilfully or without reasonable excuse allows to escape any person who is committed to his charge or whom it is his duty to keep on guard; shall, on conviction by court-martial, be liable, if he has acted, willfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he has not acted willfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **50. Irregularity in connection with arrest or confinement.—Any person subject to this Act who** commits any of the following offences, that is to say,— (a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation; or (b) having committed a person to air force custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **51. Escape from custody.—Any person subject to this Act who, being in lawful custody, escapes or** attempts to escape, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. 21 ----- **52. Offences to respect of property.—Any person subject to this Act who commits any of the** following offences, that is to say,— (a) commits theft of any property belonging to the Government, or to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law; or (b) dishonestly misappropriates or converts to his own use any such property; or (c) commits criminal breach of trust in respect of any such property; or (d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence; or (e) wilfully destroys or injures any property of the Government entrusted to him; or (f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. **53. Extortion and corruption.—Any person subject to this Act who commits any of the following** offences, that is to say,— (a) commits extortion; or (b) without proper authority extracts from any person money, provisions or services; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. **54. Making away with equipment.—Any person subject to this Act who commits any of the** following offences, that is to say,— (a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the Government issued to him for his use or entrusted to him; or (b) loses by neglect anything mentioned in clause (a); or (c) sells, pawns, destroys or defaces any medal or decoration granted to him; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clause (a) to ten years, and in the case of the offences specified in the other clauses to five years, or such less punishment as is in this Act mentioned. **55. Injury to property.—Any person subject to this Act who commits any of the following offences,** that is to say,— (a) destroys or injures any property mentioned in clause (a) of section 54, or any property belonging to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law, or serving with, or attached to the Air Force, or; (b) commits any act which causes damage to, or destruction of, any property of the Government by fire; or (c) kills, injures, makes away with, ill-treats or loses any animal entrusted to him; shall, on conviction by court-martial, be liable, if he has acted willfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he has acted without reasonable excuse to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. 22 ----- **56. False accusation.—Any person subject to this Act who commits any of the following offences,** that is to say,— (a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false; or (b) in making a complaint under section 26 or section 27 makes any statement affecting the character of any person subject to this Act, knowing or having reason to believe such statement to be false, or knowingly and wilfully suppresses any material facts; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. **57. Falsifying official documents and false declaration.—Any person subject to this Act who** commits any of the following offences, that is to say,— (a) in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement; or (b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to the making of, any omission, with intent to defraud; or (c) knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce; or (d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration; or (e) obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. **58. Signing in blank and failure to report.—Any person subject to this Act who commits any of the** following offences, that is to say,— (a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores, or any property of the Government fraudulently leaves in blank any material part for which his signature is a voucher; or (b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. 23 ----- **59. Offences relating to courts-martial.—Any person subject to this Act who commits any of the** following offences, that is to say,— (a) being duly summoned or ordered to attend as a witness before a court-martial, wilfully or without reasonable excuse, makes default in attending; or (b) refuses to take an oath or make an affirmation legally required by a court-martial to be taken or made; or (c) refuses to produce or deliver any document in his power or control legally required by a court-martial to be produced or delivered by him; or (d) refuses when a witness to answer any question which he is by law bound to answer; or (e) is guilty of contempt of court-martial by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. **60. False evidence.—Any person subject to this Act who, having been duly sworn or affirmed before** any court-martial or other court competent under this Act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **61. Unlawful detention of pay.—Any officer, warrant officer or non-commissioned officer who,** having received the pay of a person subject to this Act unlawfully detains or refuses to pay the same when due, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. **62. Offences in relation to aircraft and flying.—Any person subject to this Act who commits any of** the following offences, that is to say,— (a) wilfully or without reasonable excuse damages, destroys or loses any aircraft or aircraft material belonging to the Government; or (b) is guilty of any act or neglect likely to cause such damage, destruction or loss; or (c) without lawful authority disposes of any aircraft or aircraft material belonging to the Government; or (d) is guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person; or (e) during a state of war, wilfully and without proper occasion, or negligently, causes the sequestration, by or under the authority of a neutral State, or the destruction in a neutral State, of any aircraft belonging to the Government; shall, on conviction by court-martial, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned, and, in any other case, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. 24 ----- **63. Other offences relating to aircraft and flying.—Any person subject to this Act who commits** any of the following offences, that is to say,— (a) signs any certificate in relation to an aircraft material belonging to the Government without ensuring the accuracy thereof; or (b) being the pilot of an aircraft belonging to the Government, flies it at a height less than such height as may be specified by [1][the Chief of the Air Staff], except while taking off or landing, or in such other circumstances as may be specified by [1][the Chief of the Air Staff); or (c) being the pilot of an aircraft belonging to the Government, flies it so as to cause, or to be likely to cause, unnecessary annoyance to any person; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **64. Disobedience of lawful command of captain of aircraft.—Any person subject to this Act who,** whatever his rank, commits any of the following offences, that is to say,— (a) while he is in an aircraft disobeys any lawful command given by the captain of the aircraft, whether such captain is subject to this Act or not, as respects all matters relating to the flying or handling of the aircraft, or affecting the safety thereof; or (b) being the captain of a glider aircraft towed by another aircraft disobeys any lawful command given by the captain of the towing aircraft, whether the latter is subject to this Act or not, as respects all matters aforesaid; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. **65. Violation of good order and air force discipline.—Any person subject to this Act who is guilty** of any act or omission which though not specified in this Act, is prejudicial to good order and air force discipline shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **66. Miscellaneous offences.—Any person subject to this Act who commits any of the following** offences, that is to say,— (a) being in command at any post or on the march, and receiving a complaint that any one under this command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority; or (b) by defiling any place of worship, or otherwise, intentionally insults the religion or wounds the religious feelings of any person; or (c) attempts to commit suicide, and in such attempt does any act towards the commission of such offence; or 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”, (w.e.f. 7-5-1955). 25 ----- (d) being below the rank of warrant officer, when off duty, appears, without proper authority, in or about camp or cantonments, or in or about, or when going to or returning from, any town or bazar, carrying a rifle, sword or other offensive weapon; or (e) directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service; or (f) commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **67. Attempt.—Any person subject to this Act who attempts to commit any of the offences specified** in sections 34 to 66 inclusive, and in such attempt does any act towards the commission of the offence shall, on conviction by court-martial, where no express provision is made by this Act for the punishment of such attempt, be liable, if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned. **68. Abetment of offences that have been committed.—Any person subject to this Act who abets** the commission of any of the offences specified in sections 34 to 66 inclusive, shall, on conviction by court-martial, if the act abetted is committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this Act mentioned. **69. Abetment of offences punishable with death and not committed.—Any person subject to this** Act who abets the commission of any of the offences punishable with death under sections 34, 37 and sub-section (1) of section 38 shall, on conviction by court-martial, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. **70. Abetment of offences punishable with imprisonment and not committed.—Any person** subject to this Act who abets the commission of any of the offences specified in sections 34 to 66 inclusive and punishable with imprisonment shall, on conviction by court-martial, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned. **71. Civil offences.—Subject to the provisions of section 72, any person subject to this Act who at any** place in or beyond India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a court-martial and, on conviction, be punishable as follows, that is to say,— 26 ----- (a) if the offence is one which would be punishable under any law in force in India with death or with transportation, he shall be liable to suffer any punishment, other than whipping, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and (b) in any other case, he shall be liable to suffer any punishment other than whipping “assigned for the offence by any law in force in India, or imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **72. Civil offences not triable by court-martial.—A person subject to this Act who commits an** offence of murder against a person not subject to military, naval or air force law, or of culpable homicide not amounting to murder against such a person or of rape in relation to such a person, shall not be deemed to be guilty of an offence against this Act and shall not be tried by a court-martial, unless he commits any of the said offences— (a) while on active service, or (b) at any place outside India, or (c) at a frontier post specified by the said Government by notification in this behalf. 1* - - - CHAPTER VII PUNISHMENTS **73. Punishments awardable by courts-martial.—Punishments may be inflicted in respect of** offences committed by persons subject to this Act and convicted by courts-martial according to the scale following, that is to say,— (a) death; (b) transportation for life or for any period not less than seven years, in respect of civil offences; (c) imprisonment, either rigorous or simple, for any period not exceeding fourteen years; (d) detention for a term not exceeding two years in the case of airmen; (e) cashiering, in the case of officers; (f) dismissal from service; (g) reduction to the ranks or to a lower rank or classification, in the case of warrant officers and non-commissioned officers: Provided that a warrant officer reduced to the ranks shall not be required to serve in the ranks as an airman; (h) forfeiture of seniority of rank, in the case of officers, warrant officers and non-commissioned officers; and forfeiture of all or any part of their service for the purpose of promotion, in the case of any of them whose promotion depends upon length of service; 1. The Explanation omitted by Act 13 of 1975, s. 2 (w.e.f. 25-1-1975). 27 ----- (i) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose; (j) severe reprimand or reprimand, in the case of officers, warrant officers and non-commissioned officers; (k) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active service; (l) forfeiture, in the case of a person sentenced to cashiering or dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such cashiering or dismissal; (m) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good. **74. Alternative punishments awardable by court-martial.—Subject to the provisions of this Act, a** court-martial may, on convicting a person subject to this Act of any of the offences specified in sections 34 to 70 inclusive, award either the particular punishment with which the offence is stated in the said sections to be punishable, or, in lieu thereof, any one of the punishments lower in the scale set out in section 73, regard being had to the nature and degree of the offence. **75. Combination of punishments.—A sentence of a court-martial may award in addition to, or** without any one other punishment, the punishment specified in clause (e) or clause (f) of section 73 and any one or more of the punishments specified in clauses (g) to (m) of that section. **76. Cashiering of officers.—An officer shall be sentenced to be cashiered before he is awarded any** of the punishments specified in clauses (a) to (c) of section 73. **77. Field punishment.—(1) Where any person subject to this Act and under the rank of warrant** officer commits any offence on active service, shall be lawful for a court-martial to award for that offence any such punishment as is prescribed as a field punishment. (2) Field punishment shall be of the character of personal restraint or of hard labour but shall not be of a nature to cause injury to life or limb and shall not include flogging. **78. Position of field punishment in scale of punishments.—Field punishment shall for the purpose** of commutation be deemed to stand next below dismissal in the scale of punishments specified in section 73. **79. Result of certain punishments in the case of a warrant officer or non-commissioned** **officer.—A warrant officer or a non-commissioned officer sentenced by a court-martial to transportation,** imprisonment, detention, field punishment or dismissal from the service shall be deemed to be reduced to the ranks. **80. Retention in the ranks of a person convicted on active service.—When, on active service, any** enrolled person has been sentenced by a court-martial to dismissal, or to transportation, imprisonment or detention, whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks and such service shall be reckoned as part of his term of transportation, imprisonment or detention, if any. **81. Punishments otherwise than by court-martial.—Punishments may, also be inflicted in respect** of offences committed by persons, subject to this Act without the intervention of a court-martial and in the manner stated in sections 82 and 86. 28 ----- **82. Punishment of persons other than officers and warrant officers.—Subject to the provisions of** section 84, a commanding officer or such other officer as is, with the consent of the Central Government, specified by [1][the Chief of the Air Staff], may, in the prescribed manner, proceed against a person subject to this Act otherwise than as an officer or warrant officer who is charged with an offence under this Act and award such person, to the extent prescribed, one or more of the following punishments, that is to say,— (a) detention up to twenty-eight days; (b) confinement to the camp up to fourteen days; (c) extra guards or duties not exceeding three in number: (d) deprivation of acting rank; (e) forfeiture of badge pay; (f) severe reprimand or reprimand; (g) fine up to fourteen days' pay in any one month; (h) penal deductions under clause (g) of section 92; (i) admonition; (j) any prescribed field punishment up to twenty-eight days, in the case of a person on active service. **83. Requirement of sanction in certain cases.—(1) Subject to the provisions of sub-section (2), the** punishments mentioned in section 82 shall not be inflicted in respect of an offence under any of the sections 34, 35 and 36 when committed on active service or under any of the sections 37, 38, 40, 42 (f) and (g), 43, 47, 52, 60, 62, 63, 64, 66(a), (b) and (c) and 71 except with the previous sanction in writing of an officer having power to convene a district court-martial. (2) The said punishments may be awarded without such sanction in the case of any offence other than an offence under section 34 or section 71, committed by persons who have not been enrolled as combatants. **84. Limit of punishments under section 82.—(1) An Award of punishment under section 82 shall** not include field punishment in addition to one or more of the punishments specified in clauses (a) and (b) of that section. (2) In the case of an award of two or more of the punishments specified in clauses (a), (b) and (c) of the said section, the punishment specified in clause (b) or clause (c) shall take effect only at the end of the punishment specified in clause (a). (3) When two or more of the punishments specified in the said clauses (a) and (b) are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate forty-two days. 1. Subs by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in Chief” (w.e.f. 7-5-1955). 29 ----- (4) The punishments specified in clauses (a), (b), (c), (e), (g) and (j) of section 82 shall not be awarded to any person who is of the rank of non-commissioned officer or was, at the time of committing the offence for which he is punished, of such rank. (5) The punishments specified in clause (f) of the said section shall not be awarded to any person below the rank of a non-commissioned officer. **85. Punishments in addition to those specified In section 82.—[1][The Chief of the Air Staff] may,** with the consent of the Central Government, specify such other punishments as may be awarded under section 82 in addition to or without any of the punishments specified in the said section, and the extent to which such other punishments may be awarded. **86. Punishment of officers and warrant officers.—An officer having power to convene a general** court-martial or such other officer as is, with the consent of the Central Government, specified by [1][the Chief of the Air Staff] may, in the prescribed, manner proceed against an officer below the rank of squadron leader or warrant officer, who is charged with an offence under this Act, and award one or more of the following punishments, that is to say,— (a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding twelve months, but subject to the right of the accused previous to the award to elect to be tried by a court-martial; (b) severe reprimand or reprimand; (c) stoppage of pay and allowance until any proved loss or damage occasioned by the offence of which he is convicted is made good but subject to the right of the accused specified in clause (a); (d) forfeiture of pay and allowances for a period not exceeding three months for an offence under clause (e) of section 42 in so far as it consists of neglect to obey flying orders or under section 62 or section 63. **87. Transmission of proceedings.—In every case in which punishment has been awarded under** section 86, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment, to a superior air force authority as defined in section 89. **88. Review of proceedings.—If any punishment awarded under section 86 appears to a superior air** force authority as defined in section 89 to be illegal, unjust or excessive, such authority may cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case. **89. Superior air force authority.—For the purposes of sections 87 and 88, a “superior air force** authority” means— (a) in the case of punishments awarded by a commanding officer, any officer superior in command to such commanding officer; (b) in the case of punishments awarded by any other authority, the Central Government, [1][the Chief of the Air Staff] or other officer specified by [1][the Chief of the Air Staff]. **90. Collective fines.—(1) Whenever any weapon or part of a weapon forming part of the equipment** of a unit or detachment is lost or stolen, the officer commanding such unit or detachment may, after obtaining the report of a Court of inquiry, impose a collective fine upon the warrant officers, non-commissioned officers and men of such unit, or upon so many of them as, in his judgment, should be held responsible for such loss, or theft. 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”(w.e.f. 7-5-1955). 30 ----- (2) Such fine shall be assessed as a percentage on the pay of the individuals on whom it falls. CHAPTER VIII PENAL DEDUCTIONS **91. Deductions from pay and allowances of officers.—The following penal deductions may be** made from the pay and allowances of an officer, that is to say,— (a) all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given to his commanding officer and has been approved by the Central Government; (b) all pay and allowances for everyday while he is in custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a criminal court or a court-martial or by an officer exercising authority under section 86; (c) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay; (d) any sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of an offence as may be determined by the court-martial by whom he is convicted of such offence, or by an officer exercising authority under section 86; (e) all pay and allowances ordered by a court-martial or an officer exercising authority under section 86 to be forfeited or stopped; (f) any sum required to pay a fine awarded by a criminal court or a court-martial exercising jurisdiction under section 71; (g) any sum required to make good any loss, damage or destruction of public or service property which, after due investigation, appears to the Central Government to have been occasioned by the wrongful act or negligence on the part of the officer; (h) all pay and allowances forfeited by order of the Central Government if the officer is found by a court of inquiry constituted by [1][the Chief of the Air Staff] in this behalf, to have deserted to the enemy, or while in enemy hands, to have served with, or under the orders of, the enemy or in any manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy through want of due precaution or through disobedience of orders or wilful neglect of duty, or having been taken prisoner by the enemy to have failed to rejoin his service when it was possible to do so; (i) any sum required by order of the Central Government to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the costs of any relief given by the said Government to the said wife or child. **92. Deductions from pay and allowances of airmen.—Subject to the provisions of section 95, the** following penal deductions may be made from the pay and allowances of an airman, that is to say,— (a) all pay and allowances for every day of absence either on desertion or without leave, or as a prisoner of war, and for every day of transportation or imprisonment awarded by a criminal court, or 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” (w.e.f. 7-5-1955). 31 ----- a court-martial, or of detention, or field punishment awarded by a court-martial or an officer exercising authority under section 82; (b) all pay and allowances for every day while he is in custody on a charge for an offence of which he is afterwards convicted by a criminal court or a court-martial, or on a charge of absence without leave for which he is afterwards awarded detention or field punishment by an officer exercising authority under section 82; (c) all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this Act committed by him; (d) for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specified by order of the Central Government or by such officer as may be specified by that Government; (e) all pay and allowances ordered by a court-martial or by an officer exercising authority under section 82 or section 86 to be forfeited or stopped; (f) all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of, the enemy; (g) any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the Central Government or to any building or property as may be awarded by his commanding officer; (h) any sum require to pay a fine awarded by a criminal court, a court-martial exercising jurisdiction under section 71, or an officer exercising authority under section 82 or section 90. (i) any sum required by order of the Central Government or any prescribed officer to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said Government to the said wife or child. **93. Computation of time of absence of custody.—For the purposes of clauses (a) and (b) of** section 92— (a) no person shall be treated as absent or in custody for a day unless the absence or custody has lasted, whether wholly in one day, or partly in one day and partly in another, for six consecutive hours or upwards; (b) any absence or custody for less than a day may be reckoned as absence or custody for a day if such absence or custody prevented the absence from fulfilling any air force duty which was thereby thrown upon some other person; (c) absence or custody for twelve consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during any portion of which the person was absent or in custody; (d) a period of absence, or imprisonment, which commences before and ends after midnight may be reckoned as a day. 32 ----- **94. Pay and allowances during trial.—In the case of any person subject to this Act who is in** custody or under suspension from duty on a charge for an offence, the prescribed officer may direct that the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his trial in the charge against him, in order to give effect to the provisions of clause (b) of sections 91 and 92. **95. Limit of certain deductions.—The total deductions from the pay and allowances of a person** made under clauses (e) and (g) to (i) of section 92 shall not, except where he is sentenced to dismissal, exceed in any one month one-half of his pay and allowances for that month. **96. Deduction from public money due to a person.—Any sum authorised by this Act to be** deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension. **97. Pay and allowances of prisoner of war during inquiry into his conduct.—Where the conduct** of any person subject to this Act when being taken prisoner by, or while in the hands of the enemy, is to be inquired into under this Act or any other law, [1][the Chief of the Air Staff] or any officer authorised by him may order that the whole or any part of the pay and allowances of such person shall be withheld pending the result of such inquiry. **98. Remission of deductions.—Any deduction from pay and allowances authorised by this Act may** be remitted in such manner, and to such extent, and by such authority, as may from time to time be prescribed. **99. Provision for dependants of prisoner of war from remitted deductions.—In the case of all** persons subject to this Act, being prisoners of war, whose pay and allowances have been forfeited under clause (h) of section 91 or clause (a) of section 92, but in respect of whom a remission has been made under section 98, it shall be lawful for proper provision to be made by the prescribed authorities out of such pay and allowances for any dependants of such persons, and any such remission shall in that case be deemed to apply only to the balance thereafter remaining of such pay and allowances.' **100. Provision for dependants of prisoner of war from his pay and allowances.—It shall be** lawful for proper provision to be made by the prescribed authorities for any dependants of any person subject to this Act, who is a prisoner of war or is missing, out of his pay and allowances. **101. Period during which a person is deemed to be a prisoner of war.—For the purposes of** sections 99 and 100, a person shall be deemed to continue to be a prisoner of war until the conclusion of any inquiry into has conduct such as is referred to in section 97, and if he is cashiered or dismissed from the service in consequence of such conduct, until the date of such cashiering or dismissal. CHAPTER IX ARREST AND PROCEEDINGS BEFORE TRIAL **102. Custody of offenders.—(1) Any person subject to this Act who is charged with an offence may** be taken into air force custody. (2) Any such person may be ordered into air force custody by any superior officer. (3) Any officer may order into air force custody any officer, though he may be of a higher rank, engaged in a quarrel, affray or disorder. 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” (w.e.f. 7-5-1955). 33 ----- **103. Duty of commanding officer in regard to detention.—(1) It shall be the duty of every** commanding officer to take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable with due regard to the public service. (2) Every case of a person being detained in custody beyond a period of forty-eight hours, and the reason thereof shall be reported by the commanding officer to the air or other officer to whom application would be made to convene a general or district court-martial for the trial of the person charged. (3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and public holidays shall be excluded. (4) Subject to the provisions of this Act, the Central Government may make rules a providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in air force custody, pending the trial by any competent authority for any offence committed by him. **104. Interval between committal and court-martial.—In every case where any such person as is** mentioned in section 102 and as is not on active service remains in such custody for a longer period than eight days, without a court-martial for his trial being ordered to assemble, a special report giving reasons for the delay shall be made by his commanding officer in the manner prescribed; and similar report shall be forwarded every eight days until a court-martial is assembled or such person is released from custody. **105. Arrest by civil authorities.—Wherever any person subject to this Act, who is accused of any** offence under this Act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to air force custody of such person upon receipt of a written application to that effect signed by his commanding officer. **106. Capture of deserters.—(1) Whenever any person subject to this Act deserts, the commanding** officer of the unit or detachment to which he belongs, shall give written information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whole apprehension a warrant had been issued by a magistrate; and shall deliver the deserter, when apprehended, into air force custody. (2) Any police officer may arrest without warrant any person reasonably believed to be subject to this Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with according to law. **107. Inquiry into absence without leave.—(1) When any person subject to this Act has been absent** from his duty without due authority for a period of thirty days, a Court of inquiry shall, as soon as practicable, be assembled, and such Court shall, on oath or affirmation administered. In the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries, and if satisfied of the fact of such absence without due authority, or other sufficient cause, the Court shall declare such absence and the period thereof, and the said deficiency, if any; and the commanding officer of the unit to which the person belongs shall enter in the court-martial book of the unit a record of declaration. 34 ----- (2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter. **108. Provost-marshals.—(1) Provost-marshals may be appointed by [1][the Chief of the Air Staff], or** by any prescribed officer. (2) The duties of a provost-marshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the Air Force. (3) A provost-marshal may at any time arrest and detain for trial any person subject to this Act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of the sentence awarded by a court-martial, or by an officer exercising authority under section 82 but shall not inflict any punishment on his own authority: Provided that no officer shall be so arrested or detained otherwise than on the order of another officer. (4) For the purposes of sub-sections (2) and (3), a provost-marshal shall be deemed to include a provost-marshal appointed under the Army Act or the Navy-Act and any person legally exercising authority under him or on his behalf. CHAPTER X COURTS-MARTIAL **109. Different kinds of courts-martial.—For purposes of this Act there shall be three kinds of** courts-martial, that is to say,— (a) general courts-martial. (b) district courts-martial. (c) summary general courts-martial. **110. Power to convene a general court-martial.—A general court-martial may be convened by the** Central Government or [1][the Chief of the Air Staff] or by any officer empowered in this behalf by warrant of[1][the Chief of the Air Staff]. **111. Power to convene a district court-martial.—A district court-martial may be convened by an** officer having power to convene a general court-martial, or by any officer empowered in this behalf by warrant of any such officer. **112. Contents of warrants issued under sections 110 and 111.—A warrant issued under** section 110 or section 111 may contain such restrictions, reservations or conditions as the officer issuing it may think fit. **113. Power to convene a summary general court-martial.—The following authorities shall have** the power to convene a summary general court-martial, namely:— 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”, (w.e.f. 7-5-1955) 35 ----- (a) an officer empowered in this behalf by an order of the Central Government or of [1][the Chief of the Air Staff]; (b) on active service, the officer commanding the forces in the field, or any officer empowered by him in this behalf; (c) an officer commanding any detached portion of the Air Force on active service when, in his opinion, it is not practicable with due regard to discipline and the exigencies of the service, that an offence should be tried by a general court-martial. **114. Composition of general court-martial.—A general court-martial shall consist of not less than** five officers, each of whom has held a commission for not less than three whole years and of whom not less than four are of a rank not below that of flight-lieutenant. **115. Composition of district court-martial.—A district court-martial shall consist of not less than** three officers, each of whom has held a commission for not less than two whole years. **116. Composition of summary general court-martial.—A summary general court-martial shall** consist of not less than three officers. **117. Dissolution of court-martial.—(1) If a court-martial after the commencement of a trial is** reduced below the minimum number of officers required by this Act, it shall be dissolved. (2) If on account of the illness of the judge advocate or of the accused before the finding, it is impossible to continue the trial, a court-martial shall be dissolved. (3) The officer who convened a court-martial may dissolve such court-martial if it appears to him that the exigencies of the service or the necessities of discipline render it impossible or in expedient to continue the said court-martial (4) Where a court-martial is dissolved under this section, the accused may be tried again. **118. Powers of general and summary general courts-martial. —A general or summary general** court- martial shall have power to try any person subject to this Act for any offence punishable there in and to pass any sentence authorised thereby. **119. Powers of district court-martial.—A district court-martial shall have power to try any person** subject to this Act other than an officer or warrant officer for any offence made punishable therein, and to pass any sentence authorised by this Act other than a sentence of death, transportation, or imprisonment for a term exceeding two years. **120. Prohibition of second trial.—When any person subject to this Act has been acquitted or** convicted of an offence by a court-martial or by a criminal court, or has been dealt with under section 82 or section 86, he shall not be liable to be tried again for the same offence by a court-martial or dealt with under the said sections. **121. Period of limitation for trial.—(1) Except as provided by sub-section (2), no trial by** court-martial of any person subject to this Act for any offence shall be commenced after the expiration of a period of three years from the date of such offence. 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”, (w.e.f. 7-5-1955) 36 ----- (2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37. (3) In the computation of the period of time mentioned in sub-section (1), any time spent by such person as a prisoner of war, or in enemy territory, or in evading arrest after the commission of the offence, shall be excluded. (4) No trial for an offence of desertion, other than desertion on active service or of fraudulent enrolment shall be commenced if the person in question, not being an officer has subsequently to the commission of the offence, served continuously in an exemplary manner for not less than three years with any portion of the Air Force. **122. Liability of offender who ceases to be subject to Act.—(1) Where an offence under this Act** had been committed by any person while subject to this Act, and he has ceased to be so subject, he may be taken into and kept in air force custody, and tried and punished for such offence as if he continued to be so subject. (2) Except as provided by sub-sections (3) and (4), any such person shall not be tried for an offence, unless his trial commences within six months after he had ceased to be subject to this Act. (3) The provisions of sub-section (2) shall not apply to the trial of any such person for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37. (4) Nothing contained in sub-section (2) shall affect the jurisdiction of a civil court to try any offence triable by such court as well as by a court-martial. (5) When a person subject to this Act is sentenced by a court-martial to transportation or imprisonment, this Act shall apply to him during the term of his sentence, though he is cashiered or dismissed from the Air Force, or has otherwise ceased to be subject to this Act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this Act. (6) When a person subject to this Act it sentenced by a court-martial to death, this Act shall apply to him till the sentence is carried out. **123. Place of trial.—Any person subject to this Act who commits any offence against it may be tried** and punished for such offence in any place whatever. **124. Choice between criminal court and court-martial.—When a criminal court and a court-** martial have each jurisdiction in respect of an offence, it shall be in the discretion of [1][the Chief of the Air Staff], the officer commanding any group, wing or station in which the accused prisoner is serving or such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they should be instituted before a court-martial, to direct that the accused person shall be detained in Air force custody. **125. Power of criminal court to require delivery of offender.—(1) When a criminal court having** jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 124 at his option, either to 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” (w.e.f. 7-5-1955). 37 ----- deliver over the offender to the nearest Magistrate to be proceeded against according to law, or to postpone proceedings pending a reference to the Central Government. (2) In every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted for the determination of the Central Government whose order upon such reference shall be final. **126. Successive trials by a criminal court and a court-martial.—(1) A person convicted or** acquitted by a court-martial may, with the previous sanction of the Central Government, be tried again by a criminal court for the same offence, or on the same facts. (2) If a person sentenced by a court-martial under this Act or punished under section 82 or section 86 is afterwards tried and convicted by a criminal court for the same offence, or on the same facts, that court shall, in awarding punishment have regard to the punishment he may already have undergone for the said offence. CHAPTER XI PROCEDURE OF COURTS-MATRIAL **127. Presiding Officer.—At every general, district or summary general court-martial the senior** member shall be the presiding officer. **128. Judge Advocate.—Every general court-martial shall, and every district or summary general** court-martial may, be attended by a Judge Advocate, who shall be either an officer belonging to the department of the Chief Legal Adviser or if no such officer is available, an officer approved by the Chief Legal Adviser or any of his deputies. **129. Challenges.—(1) At all, trials by general, district or summary general courts-martial, as soon as** the court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the court. (2) If the accused objects to any such officer, his objection and also the reply thereto of the officer, objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of the challenged officer, decide on the objection. (3) If the objection is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner by another officer, subject to the same right of the accused to object. (4) When no challenge is made, or when challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial. **130. Oaths of member, Judge advocate and witness.—(1) An oath or affirmation in the prescribed** manner shall be administered to every member of every court-martial and to the Judge advocate before the commencement of the trial. (2) Every person giving evidence before a court-martial shall be examined after being duly sworn or affirmed in the prescribed form. 38 ----- (3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years of age and the court-martial is of opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation. **131. Voting by members.—(1) Subject to the provisions of sub-sections (2) and (3), every decision** of a court-martial shall be passed by an absolute majority of votes; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused. (2) No sentence of death shall be passed by a general court-martial without the concurrence of at least two-thirds of the members of the court. (3) No sentence of death shall be passed by a summary general court-martial without the concurrence of all the members. (4) In matters other than a challenge or the finding or sentence, the presiding officer shall have a casting vote. **132. General rule as to evidence.—The Indian Evidence Act, 1872 (1 of 1872), shall, subject to the** provisions of this Act, apply to all proceedings before a court-martial. **133. Judicial notice.—A court-martial may take judicial notice of any matter within the general air** force knowledge of the members. **134. Summoning witnesses.—(1) The convening officer, the presiding officer of a court-martial, the** Judge advocate or the commanding officer of the accused person, may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing. (2) In the case of a witness amenable to air force authority, the summons shall be sent to his commanding officer, and such officer shall serve it upon him accordingly. (3) In the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be or reside, and such magistrate shall give effect to the summons as if the witness were required in the court of such magistrate. (4) When a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision. **135. Documents exempted from production.—(1) Nothing in section 134 shall be deemed to affect** the operation of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. (2) If any document in such custody is, in the opinion of any district magistrate, chief presidency magistrate, High Court or court of session, wanted for the purpose of any court-martial, such magistrate or court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such magistrate or court may direct. (3) If any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph 39 ----- authorities, as the case may be, to cause search to be made for and to detain such document pending the orders of any such district magistrate, chief presidency magistrate or High Court or Court of Session. **136. Commissions for examination of witnesses.—(1) Whenever, in the course of a trial by** court-martial, it appears to the court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such court may address the Chief Legal Adviser in order that a commission to take the evidence of such witness may be issued. (2) The Chief Legal Adviser may then, if he thinks necessary, issue a commission to any district magistrate or magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness. (3) The Magistrate or officer to whom the commission is issued, or, if he is the district magistrate, he or such magistrate of the first class as he appoints in this behalf, shall proceed to the place where the witness is or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under the Code of Criminal Procedure, 1898 (5 of 1898), or any corresponding law in force in [1][the State of Jammu and Kashmir*]. (4) When the witness resides in a tribal area or in any place outside India, the commission may be issued in the manner specified in Chapter XL of the Code of Criminal Procedure, 1898 (5 of 1898), or of any corresponding law in force in [1][the State of Jammu and Kashmir*]. (5) In this and the next succeeding section, the expression “Chief Legal Adviser” includes a Deputy Chief Legal Adviser. **137. Examination of a witness on commission.—(1) The prosecutor and the accused person in any** case in which a commission is issued under section 136 may respectively forward any interrogatories in writing which the court may think relevant to the issue, and the Magistrate or officer executing the commission shall examine the witness upon such interrogatories. (2) The prosecutor and the accused person may appear before such magistrate or officer by counsel or except in the case of an accused person in custody, in person, and may examine, cross-examine and re-examine, as the case may be, the said witness. (3) After a commission issued under section 136 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder to the Chief Legal Adviser. (4) On receipt of a commission and deposition returned under sub-section (3), the Chief Legal Adviser shall forward the same to the court at whose instance the commission was issued or, if such court has been dissolved, to any other court convened for the trial of the accused person; and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the court. (5) In every case in which a commission is issued under section 136, the trial may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. 1. Subs by A.O. (No. 3), 1956, for “a Part B State” (w.e.f. 7-5-1955). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 40 ----- **138. Conviction of offence not charged.—(1) A person charged before a court-martial with** desertion may be found guilty of attempting to desert or of being absent without leave. (2) A person charged before a court-martial with attempting to desert may be found guilty of being absent without leave. (3) A person charged before a court-martial with using criminal force may be found guilty of assault. (4) A person charged before a court-martial with using threatening language may be found guilty of using insubordinate language. (5) A person charged before a court-martial with any one of the offences specified in clauses (a), (b), (c) and (d) of section 52 may be found guilty of any other of these offences with which he might have been charged. (6) A person charged before a court-martial with an offence punishable under section 71 may be found guilty of any other offence of which he might have been found guilty if the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), were applicable. (7) A person charged before a court-martial with any offence under this Act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment. (8) A person charged before a court-martial with any offence under this Act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged. **139. Presumption as to signature.—In any proceeding under this Act, any application, certificate,** warrant, reply, or other document purporting to be signed by an officer in the service of the Government shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shown. **140. Enrolment paper.—(1) Any enrolment paper purporting to be signed by an enrolling officer** shall, in proceedings under this Act, be evidence of the person enrolled having given the answers to questions which he is therein represented as having given. (2) The enrolment of such person may be proved by the production of the original or a copy of his enrolment paper purporting to be certified to be a true copy by the officer having the custody of the enrolment paper. **141. Presumption as to certain documents.—(1) A letter, return or other document respecting the** service of any person in, or the cashiering, dismissal or discharge of any person from, any portion of the Air Force, or respecting the circumstance of any person not having served in, or belonged to, any portion of the Forces, if purporting to be signed by or on behalf of the Central Government or [1][the Chief of the Air Staff], or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other document. 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for the “Commander-in Chief” (w.e.f. 7-5-1955). 41 ----- (2) An Army, Navy or Air Force List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers or warrant officers therein mentioned, and of any appointment held by them and of the unit or branch of the services to which they belong. (3) Where a record is made in any service book in pursuance of this Act or of any rules made thereunder or otherwise in pursuance of air force duty, and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated. (4) A copy of any record in any service book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record. (5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this Act, or any portion of the Air Force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commanding officer of that portion of the Air Force, or by the commanding officer of the unit, or detachment to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated. (6) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of, or has been apprehended by, a police officer nor below the rank of an officer-in-charge of a police station, a certificate purporting to be signed by such police officer and stating the fact, date and place if such surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so stated. (7) Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to Government upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in any proceeding under this Act. **142. Reference by accused to Government officer.—(1) If at any trial for desertion or absence** without leave, overstaying leave or not rejoining when warned for service, the person tried states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the service of the Government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the proceedings until his reply is received. (2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the court. (3) If the court is dissolved before the receipt of such reply, or if the court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial. **143. Evidence of previous convictions and general character.—(1) When any person subject to** this Act has been convicted by a court-martial of any offence, such court-martial may inquire into, and receive and record evidence of any previous convictions of such person, either by a court-martial or by a criminal court, or any previous award of punishment under section 82 or section 86 and may further enquire into and record the general character of such person and such other matters as may be prescribed. 42 ----- (2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, court-martial books or other official records, and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. **144. Lunacy of accused.—(1) Whenever, in the course of a trial by a court-martial, it appears to the** court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the court shall record a finding accordingly. (2) The presiding officer of the court shall forthwith report the case to the confirming officer. (3) The confirming officer to whom the case is reported under sub-section (2) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another court-martial for the offence with which he was charged. (4) A confirming officer confirming a finding in any case so reported to him under sub-section (2) shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Central Government. (5) On receipt of a report under sub-section (4) the Central Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody. **145. Subsequent fitness of lunatic accused for trial.—Where any accused person, having been** found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 144, the officer commanding a unit or detachment within the area of whose command the accused is in custody or is detained, or any other officer prescribed in this behalf, may.— (a) If such person is in custody under sub-section (4) of section 144, on the report of a medical officer that he is capable of making his defence, or (b) if such person is detained in a jail under sub-section (5) of section 144, on a certificate of the Inspector-General of Prisons and if such person is detained in a lunatic asylum under the said sub-section on a certificate of any two or more of the visitors of such asylum that he is capable of making his defence, take steps to have such person tried by the same or another court-martial for the offence with which he was originally charged, or, if the offence is a civil offence, by a criminal court. **146. Transmission to Central Government of orders under section 145.—A copy of every order** made by an officer under section 145 for the trial of the accused shall forthwith be sent to the Central Government. **147. Release of lunatic accused.—Where any person is in custody under sub-section (4) of** section 144 or under detention under sub-section (5) of that section— (a) if such person is in custody under the said sub-section (4), on the report of a medical officer, or 43 ----- (b) if such person is detained under the said sub-section (5), on a certificate from any of the authorities mentioned in clause (b) of section 145 that, in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the Central Government may order that such person be released, or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such an asylum. **148. Delivery of lunatic accused to relatives.—Where any relative or friend of any person who is in** custody under sub-section (4) of section 144 or under detention under sub-section (5) of that section desires that he should be delivered to his care and custody, the Central Government may upon application by such relative or friend and on his giving security to the satisfaction of that Government that the person delivered shall be properly taken care of and prevented from doing injury to himself or any other person, and be produced for the inspection of such officer, and at such times and places, as the Central Government may direct, order such person to be delivered to such relative or friend. **149. Order for custody and disposal of property pending trial.—When any property regarding** which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a court-martial during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. **150. Order for disposal of property regarding which offence is committed.—(1) After the** conclusion of a trial before any court-martial, the court or the officer confirming the finding or sentence of such court-martial or any authority superior to such officer, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise of any property or document produced before the Court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence. (2) Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within India or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such Magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), or any corresponding law in force in [1][the State of Jammu and Kashmir*]. (3) In this section the term “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise. **151. Powers of court-martial when certain offences are committed by persons not subject to this** **Act.—Any trial by a court-martial under the provisions of this Act shall be deemed to be a judicial** proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860), and the 1. Subs. by A.O.(No.3), 1956, for “a Part B State” (w.e.f. 7-5-1955). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 44 ----- court-martial shall be deemed to be a Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898). CHAPTER XII CONFIRMATION AND REVISION **152. Finding and sentence not valid, unless confirmed.—No finding or sentence of a general,** district or summary general court-martial shall be valid except so far as it may be confirmed as provided by this Act. **153. Power to confirm finding and sentence of general court-martial.—The findings and** sentences of general courts-martial may be confirmed by the Central Government, or by any officer empowered in this behalf by warrant of the Central Government. **154. Power to confirm finding and sentence of district court-martial.—The findings and** sentences of district court-martial may be confirmed by any officer having power to convene a general court-martial or by any officer empowered in this behalf by warrant of such officer. **155. Limitation of powers of confirming authority.—A warrant issued under section 153 or** section 154 may contain such restrictions, reservations or conditions as the authority issuing it may think fit. **156. Power to confirm finding and sentence of summary general courts-martial.—The findings** and sentences of summary general courts-martial may be confirmed by the convening officer or if he so directs, by an authority superior to him. **157. Power of confirming authority to mitigate, remit or commute sentences.—(1) Subject to** such restrictions, reservations or conditions as may be contained in any warrant issued under section 153 or section 154 and to the provisions of sub-sections (2) and (3), a confirming authority may, when confirming the sentence of a court-martial, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 73. (2) A sentence of transportation shall not be commuted for a sentence of imprisonment or detention for a term exceeding the term of transportation awarded by the court. (3) A sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment awarded by the court. **158. Confirming of findings and sentences on board a ship.—When any person subject to this Act** is tried and sentenced by a court-martial while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation. 45 ----- **159. Revision of finding or sentence.—(1) Any finding or sentence of a court-martial may be once** revised by order of the confirming authority and on such revision, the court, if so directed by the confirming authority, may take additional evidence. (2) The court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent. (3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the court shall proceed with the revision, provided that, if a general court-martial, it still consists of five officers, or, if a summary general or district court-martial, of three officers. **160. Alteration of finding or sentence in certain cases.—(1) Where a finding of guilty by a court-** martial, which has been confirmed, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 177 to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a new finding and pass a sentence for the offence specified or involved in such finding: Provided that no such substitution shall be made unless such finding could have been validly made by the court-martial on the charge and unless it appears that the court-martial must have been satisfied of the facts establishing the offence. (2) Where a sentence passed by a court-martial which has been confirmed not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the. authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall for the purposes of this Act and the rules made thereunder have effect as if it were a finding or sentence, as the case may be, of a court-martial. **161. Remedy against order, finding or sentence of court-martial.—(1) Any person subject to this** Act who considers himself aggrieved by any order passed by a court-martial may present a petition to the officer or authority empowered to confirm any finding or sentence of such court-martial, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates. 46 ----- (2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of a court-martial which has been confirmed, may present a petition to the Central Government, [1][the Chief of the Air Staff] or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the Central Government, [1][the Chief of the Air Staff] or other officer, as the case may be, may pass such order thereon as it or he thinks fit. **162. Annulment of proceedings. —The Central Government,** [1][the Chief of the Air Staff] or any prescribed officer may annul the proceedings of any court-martial on the ground that they are illegal or unjust. CHAPTER XIII EXECUTION OF SENTENCES **163. Form of sentence of death.—In awarding a sentence of death, a court-martial shall, in its** discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead or shall suffer death by being shot to death. **164. Commencement of sentence of transportation or imprisonment.—Whenever any person is** sentenced by a court-martial under this Act to transportation, imprisonment or detention the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the presiding officer. **165. Execution of sentence of transportation.—Whenever any sentence of transportation is passed** under this Act or whenever any sentence of death be commuted to transportation, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the civil prison in which such person is to be confined and shall arrange for his dispatch to such prison with the warrant. **166. Execution of sentence of imprisonment.—(1) Whenever any sentence of imprisonment is** passed under this Act or whenever any sentence of death or transportation is commuted to imprisonment, the confirming officer or such other officer as may be prescribed, shall, save as otherwise provided in sub-sections (3) and (4), direct either that the sentence shall be carried out by confinement in a military or air force prison or that it shall be carried out by confinement in a civil prison. (2) When a direction has been made under sub-section (1) the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his dispatch to such prison with the warrant. (3) In the case of a sentence of imprisonment for a period not exceeding three months, the officers referred to in sub-section (1) may direct that the sentence shall be carried out by confinement in air force custody instead of in a civil or military or air force prison. 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” (w.e.f. 7-5-1955). 47 ----- (4) On active service, a sentence of imprisonment may be carried out by confinement in such place as the officer commanding the forces in the field may from time to time appoint. **167. Temporary custody of offender.—Where a sentence of transportation or imprisonment is** directed to be undergone in a civil prison, the offender may be kept in military or air force custody or in any other fit place, till such time as it is possible to send him to a civil prison. **168. Execution of sentence of imprisonment in special cases.—Whenever, in the opinion of an air** or other officer commanding a group, any sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out in a military or air force prison or in air force custody in accordance with the provisions of section 166 such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place. **169. Conveyance of prisoner from place to place.—A person under sentence of transportation or** imprisonment may, during his conveyance from place to place, or when on board ship, aircraft, or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal. **170. Execution of sentence of detention.—Whenever any sentence of detention is passed under this** Act, or whenever any sentence of death, transportation or imprisonment is commuted to detention, the sentence shall be carried out by detaining the offender in any military or air force detention barracks, detention cells or other military or air force custody; and when the sentence is to be carried out by detention in any military or air force detention barracks, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the detention barracks in which the person under sentence is to be detained and shall forward the person under sentence to such detention barracks with the warrant. **171. Communication of certain orders to prison officers.—Whenever an order if duly made under** this Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil, military or air force prison or detained in a military or air force detention barracks, a warrant in accordance with such order shall be forwarded by the officer making the order, or his staff officer, or such other person as may be prescribed, to the officer in charge of the prison or detention barracks in which such person is confined. **172. Execution of sentence of fine.—When a sentence of fine is imposed by a court-martial under** section 71 whether the trial was held within India or not, a copy of such sentence, signed and certified by the confirming officer may be sent to any magistrate in India, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), or any corresponding law in force in [1][the State of Jammu and Kashmir*], for the levy of fines as if were a sentence of fine imposed by such Magistrate. 1. Subs by the A.O.(No. 3), 1956, for “a Part B State” (w.e.f. 7-5-1955) *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 48 ----- **173. Establishment and regulation of air force prisons.—The Central Government may set apart** any building or part of a building, or any place under its control, as an air force prison or detention barracks for the confinement of persons sentenced to imprisonment or detention under this Act. **174. Informality or error in the order or warrants.—Whenever a person is sentenced to** transportation, imprisonment or detention under this Act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall not be deemed to be illegal only by reason of any informality or error in or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into or is confined in any such place, and any such order, warrant or document may be amended accordingly. **175. Power to make rules in respect of prisons and prisoners.—The Central Government may** make rules providing.—(a) for the government, management and regulation of air force prisons and detention barracks; (b) for the appointment, removal and powers of inspectors, visitors, governors and officers thereof; (c) for the labour of prisoners undergoing confinement therein, and for enabling such prisoners or persons to earn by special industry and good conduct, a remission of a portion of their sentence; (d) for the safe custody of such prisoners or persons and the maintenance of discipline among them and the punishment, by personal correction, restraint or otherwise, of offences committed by them; (e) for the application to air force prisons or detention barracks of any of the provisions of the Prisons Act, 1894 (9 of 1894), relating to the duties of officers of prisons and the punishment of persons not being prisoners; (f) for the admission into any prison, at proper times and subject to proper restrictions, of persons with whom prisoners may desire to communicate, and for the consultation by prisoners under trial with their legal advisers without the presence as far as possible of any third party within hearing distance. **176. Restriction of rule-making power in respect to corporal punishment.—Rules made under** section 175 shall not authorise corporal punishment to be inflicted for any offence, nor render the imprisonment more severe than it is under any law for the time being in force relating to civil prisons in India. CHAPTER XIV PARDONS, REMISSIONS AND SUSPENSIONS **177. Pardon and remission.—When any person subject to this Act has been convicted by a court-** martial of any offence, the Central Government, [1][the Chief of the Air Staff], an air or other officer commanding a group of, or the prescribed officer, may— (a) either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded; or 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” (w.e.f. 7-5-1955). 49 ----- (b) mitigate the punishment awarded; or (c) commute such punishment for any less punishment or punishments mentioned in this Act: Provided that a sentence of transportation shall not be commuted for a sentence of imprisonment for a term exceeding the term of transportation awarded by the court; and a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment so awarded; (d) either with or without conditions which the person sentenced accepts, release the person on parole. **178. Cancellation of conditional pardon, release on parole or remission.—(1) If any condition on** which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may cancel the pardon, release or remission, and thereupon the sentence of the court shall be carried into effect as if such pardon, release or remission had not been granted. (2) A person whose sentence of transportation, imprisonment or detention is carried into effect under the provisions of sub-section (1) shall undergo only the unexpired portion of his sentence. **179. Reduction of warrant officer or non-commissioned officer.—When under the provisions of** section 79 a warrant officer or a non-commissioned officer is deemed to be reduced to the ranks, such reduction shall, for the purpose of section 177 be treated as a punishment awarded by a sentence of a court-martial. **180. Suspension of sentence of transportation, imprisonment or detention.—(1) Where a person** subject to this Act is sentenced by a court-martial to transportation, imprisonment or detention, the Central Government, [1][the Chief of the Air Staff], or any officer empowered to convene a general or a summary general court-martial may suspend the sentence whether or not the offender has already been committed to prison or to air force custody. (2) The authority or officer specified in sub-section (1) may in the case of an offender so sentenced direct that, until the orders of such authority or officer have been obtained, the offender shall not be committed to prison or to air force custody. (3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed reduced or commuted. **181. Orders pending suspension.—A confirming officer may, when confirming any sentence** referred to in section 180, direct that the offender be not committed to prison or to air force custody until the orders of the authority or officer specified in section 180 have been obtained. **182. Release on suspension.—Where a sentence is suspended under section 180, the offender shall** forthwith be released from custody. **183. Computation of period of suspension.—Any period during which the sentence is under** suspension shall be reckoned as part of the term of such sentence. **184. Order after suspension.—The authority or officer specified in section 180 may, at any time** while a sentence is suspended, order— 1. Subs. by Act 19 of 1955, s. 2 and the Schedule “the Commander-in-Chief” (w.e.f. 7-5-1955) 50 ----- (a) that the offender be committed to undergo the unexpired portion of the sentence, or (b) that the sentence be remitted. **185. Reconsideration of case after suspension.—(1) Where a sentence has been suspended, the case** may at any time, and shall, at intervals of not more than four months, be reconsidered by the authority or officer specified in section 180, or by any air or other officer not below the rank of squadron leader duly authorised by the authority or officer specified in section 180. (2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 180. **186. Fresh sentence after suspension.—Where an offender, while a sentence on him is suspended** under this Act, is sentenced for any other offence, them— (a) if the further sentence is also suspended under this Act, the two sentences shall run concurrently; (b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or air force custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and (c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 184 or section 185, continue to be suspended. **187. Scope of power of suspension.—The powers conferred by sections 180 and 184 shall be in** addition to and not in derogation of, the power of mitigation, remission and commutation. **188. Effect of suspension and remission on dismissal.—(1) Where in addition to any other sentence** the punishment of dismissal has been awarded by a court-martial, and such other sentence is suspended under section 180, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 180. (2) If such other sentence is remitted under section 184, the punishment of dismissal shall also be remitted. CHAPTER XV RULES **189. Power to make rules.—(1) The Central Government may make rules for the purpose of** carrying into effect the provisions of this Act. (2) Without prejudice to the generality of the power conferred by sub-section (1), the rules made thereunder may provide for— (a) the removal, retirement, release or discharge from the service of persons subject to this Act; (b) the amount and incidence of fines to be imposed under section 90; (c) the specification of the punishment which may be awarded as field punishments under sections 77 and 82; (d) the assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such courts; (e) the convening and constituting of court-martial and the appointment of prosecutors at trials by court-martial; (f) the adjournment, dissolution and sitting of court-martial; (g) the procedure to be observed in trials by court-martial and the appearance of legal practitioners thereat; 51 ----- (h) the confirmation, revision and annulment of, and petitions against, the findings and sentences of court-martial; (i) the carrying into effect of sentences of court-martial; (j) the forms of orders to be made under the provisions of this Act relating to court-martial, transportation, imprisonment and detention; (k) the constitution of authorities to decide for what persons, to what amounts and in what manner, provision should be made for dependents under section 100 and the due carrying out of such decisions; (l) the relative rank of the officers, junior commissioned officers, warrant officers, petty officers and non-commissioned officers of the regular Army, Navy and Air Force when acting together; (m) any other matter directed by this Act to be prescribed. **190. Power to make regulations.—The Central Government may make regulations for all or any of** the purposes of this Act other than those specified in section 189. **191. Publication of rules and regulations in Gazette.—All rules and regulations made under this** Act shall be published in the Official Gazette and, on such publication, shall have effect as if enacted in this Act. 1[191A. Laying of rules and regulations before Parliament.—Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.] **192.** [Repeal.][Rep. by the Repealing and Amending Act, 1957 (36 _of 1957),_ _s. 2_ _and the First_ _Schedule (w.e.f.17-9-1957)._ CHAPTER XVI TRANSITORY PROVISIONS **193. Definition of “British officer”.—(1) In this Chapter “British officer” means a person of non-** Indian domicile holding a commission in His Majesty's Air Force and serving in the Air Force. (2) The expression “superior officer” in this Act shall be deemed to include a British officer. **194. Powers of British officer.—A British officer shall have all the powers conferred by this Act on** an officer of corresponding rank or holding a corresponding appointment. 1. Ins by Act 4 of 1986, s. 2 and the Schedule ( w.e.f. 15-5-1986). 52 -----

20-May-1950

46

The Army Act, 1950

https://www.indiacode.nic.in/bitstream/123456789/1930/5/A1950-46.pdf

central

## THE ARMY ACT, 1950 ______ ARRANGEMENT OF SECTIONS ______ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Persons subject to this Act. 3. Definitions. CHAPTER II SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES 4. Application of Act to certain forces under Central Government. 5. [Omitted.] 6. Special provision as to rank in certain cases. 7. Commanding officer of persons subject to military law under clause (i) of section 2. 8. Officers exercising powers in certain cases. 9. Power to declare persons to be on active service. CHAPTER III COMMISSION, APPOINTMENT AND ENROLMENT 10. Commission and appointment. 11. Ineligibility of aliens for enrolment. 12. Ineligibility of females for enrolment or employment. 13. Procedure before enrolling officer. 14. Mode of enrolment. 15. Validity of enrolment. 16. Persons to be attested. 17. Mode of attestation. CHAPTER IV CONDITIONS OF SERVICE 18. Tenure of service under the Act. 19. Termination of service by Central Government. 20. Dismissal, removal or reduction by the Chief of the Army Staff and by other officers. 21. Power to modify certain fundamental rights in their application to persons subject to this Act. 22. Retirement, release or discharge. 23. Certificate on termination of service. 1 ----- SECTIONS 24. Discharge or dismissal when out of India. CHAPTER V SERVICE PRIVILEGES 25. Authorised deductions only to be made from pay. 26. Remedy of aggrieved persons other than officers. 27. Remedy of aggrieved officers. 28. Immunity from attachment. 29. Immunity from arrest for debt. 30. Immunity of persons attending courts-martial from arrest. 31. Privileges of reservists. 32. Priority in respect of army personnel’s litigation. 33. Saving of rights and privileges under other laws. CHAPTER VI OFFENCES 34. Offences in relation to the enemy and punishable with death. 35. Offences in relation to the enemy and not punishable with death. 36. Offences punishable more severely on active service than at other times. 37. Mutiny. 38. Desertion and aiding desertion. 39. Absence without leave. 40. Striking or threatening superior officers. 41. Disobedience to superior officer. 42. Insubordination and obstruction. 43. Fraudulent enrolment. 44. False answers on enrolment. 45. Unbecoming conduct. 46. Certain forms of disgraceful conduct. 47. Ill-treating a subordinate. 48. Intoxication. 49. Permitting escape of person in custody. 50. Irregularity in connection with arrest or confinement. 51. Escape from custody. 52. Offences in respect of property. 53. Extortion and corruption. 2 ----- SECTIONS 54. Making away with equipment. 55. Injury to property. 56. False accusations. 57. Falsifying official documents and false declaration. 58. Signing in blank and failure to report. 59. Offences relating to courts-martial. 60. False evidence. 61. Unlawful detention of pay. 62. Offences in relation to aircraft and flying. 63. Violation of good order and discipline. 64. Miscellaneous offences. 65. Attempt. 66. Abetment of offences that have been committed. 67. Abetment of offences punishable with death and not committed. 68. Abetment of offences punishable with imprisonment and not committed. 69. Civil offences. 70. Civil offence not triable by court-martial. CHAPTER VII PUNISHMENTS 71. Punishments awardable by courts-martial. 72. Alternative punishments awardable by court-martial. 73. Combination of punishments. 74. Cashiering of officers. 75. [Omitted.] 76. [Omitted.] 77. Result of certain punishments in the case of a warrant officer or non-commissioned officer. 78. Retention in the ranks of a person convicted on active service. 79. Punishments otherwise than by court-martial. 80. Punishment of persons other than officers, junior commissioned officers and warrant officers. 81. Limit of punishments under section 80. 82. Punishments in addition to those specified in section 80. 83. Punishment of officers, junior commissioned officers and warrant officers by brigade commanders and others. 84. Punishment of officers, junior commissioned officers and warrant officers by area commanders and others. 85. Punishment of junior commissioned officers. 3 ----- SECTIONS 86. Transmission of proceedings. 87. Review of proceedings. 88. Superior military authority. 89. Collective fines. CHAPTER VIII PENAL DEDUCTIONS 90. Deductions from pay and allowances of officers. 91. Deductions from pay and allowances of persons other than officers. 92. Computation of time of absence or custody. 93. Pay and allowances during trial. 94. Limit of certain deductions. 95. Deduction from public money due to a person. 96. Pay and allowances of prisoner of war during inquiry into his conduct. 97. Remission of deductions. 98. Provision for dependants of prisoner of war from remitted deductions. 99. Provision for dependants of prisoner war from his pay and allowances. 100. Period during which a person is deemed to be a prisoner of war. CHAPTER IX ARREST AND PROCEEDINGS BEFORE TRIAL 101. Custody of offenders. 102. Duty of commanding officer in regard to detention. 103. Interval between committal and court-martial. 104. Arrest by civil authorities. 105. Capture of deserters. 106. Inquiry into absence without leave. 107. Provost-marshals. CHAPTER X COURTS-MARTIAL 108. Kinds of courts-martial. 109. Power to convene a general court-martial. 110. Power to convene a district court-martial. 111. Contents of warrants issued under sections 109 and 110. 112. Power to convene a summary general court-martial. 113. Composition of general court-martial. 114. Composition of district court-martial. 4 ----- SECTIONS 115. Composition of summary general court-martial. 116. Summary court-martial. 117. Dissolution of courts-martial. 118. Powers of general and summary general courts-martial. 119. Powers of district courts-martial. 120. Powers of summary courts-martial. 121. Prohibition of second trial. 122. Period of limitation for trial. 123. Liability of offender who ceases to be subject to Act. 124. Place of trial. 125. Choice between criminal court and court-martial. 126. Power of criminal court to require delivery of offender. 127. [Omitted.] CHAPTER XI PROCEDURE OF COURTS-MARTIAL 128. Presiding officer. 129. Judge advocate. 130. Challenges. 131. Oaths of member, judge advocate and witness. 132. Voting by members. 133. General rule as to evidence. 134. Judicial notice. 135. Summoning witnesses. 136. Documents exempted from production. 137. Commissions for examination of witnesses. 138. Examination of a witness on commission. 139. Conviction of offence not charged. 140. Presumption as to signatures. 141. Enrolment paper. 142. Presumption as to certain documents. 143. Reference by accused to Government officer. 144. Evidence of previous convictions and general character. 145. Lunacy of accused. 146. Subsequent fitness of lunatic accused for trial. 147. Transmission to Central Government of orders under section 146. 5 ----- SECTIONS 148. Release of lunatic accused. 149. Delivery of lunatic accused to relatives. 150. Order for custody and disposal of property pending trial. 151. Order for disposal of property regarding which offence is committed. 152. Powers of court-martial in relation to proceedings under this Act. CHAPTER XII CONFIRMATION AND REVISION 153. Finding and sentence not valid, unless confirmed. 154. Power to confirm finding and sentence of general court-martial. 155. Power to confirm finding and sentence of district court-martial. 156. Limitation of powers of confirming authority. 157. Power to confirm finding and sentence of summary general court-martial. 158. Power of confirming authority to mitigate, remit or commute sentences. 159. Confirming of findings and sentences on board a ship. 160. Revision of finding or sentence. 161. Finding and sentence of a summary court-martial. 162. Transmission of proceedings of summary courts-martial. 163. Alteration of finding or sentence in certain cases. 164. Remedy against order, finding or sentence of court-martial. 165. Annulment of proceedings. CHAPTER XIII EXECUTION OF SENTENCES 166. Form of sentence of death. 167. Commencement of sentence of transportation or imprisonment. 168. Execution of sentence of transportation. 169. Execution of sentence of imprisonment. 169A. Period of custody undergone by the officer or person to be set off against the imprisonment. 170. Temporary custody of offender. 171. Execution of sentence of imprisonment in special cases. 172. Conveyance of prisoner from place to place. 173. Communication of certain orders to prison officers. 174. Execution of sentence of fine. 175. Establishment and regulation of military prisons. 176. Informality or error in the order or warrant. 177. Power to make rules in respect of prisons and prisoners. 6 ----- SECTIONS 178. Restriction of rule-making power in regard to corporal punishment. CHAPTER XIV PARDONS, REMISSIONS AND SUSPENSIONS 179. Pardon and remission. 180. Cancellation of conditional pardon, release on parole or remission. 181. Reduction of warrant officer or non-commissioned officer. 182. Suspension of sentence of transportation or imprisonment. 183. Orders pending suspension. 184. Release on suspension. 185. Computation of period of suspension. 186. Order after suspension. 187. Reconsideration of case after suspension. 188. Fresh sentence after suspension. 189. Scope of power of suspension. 190. Effect of suspension and remission on dismissal. CHAPTER XV RULES 191. Power to make rules. 192. Power to make regulations. 193. Publication of rules and regulations in Gazette. 193A. Rules and regulations to be laid before Parliament. 194. [Repealed.] 195—196. [Chapter XVI.] [Omitted.] _THE SCHEDULE.—[Repealed.]_ 7 ----- ## THE ARMY ACT, 1950 ACT NO. 46 OF 1950[1] [20th May, 1950.] ## An Act to consolidate and amend the law relating to the Government of the regular Army. BE it enacted by Parliament as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Army Act, 1950.** (2) It shall come into force on such date[2] as the Central Government may, by notification in the Official Gazette, appoint in this behalf. **2. Persons subject to this Act.—(1) The following persons shall be subject to this Act wherever they** may be, namely:— (a) officers, junior commissioned officers and warrant officers of the regular Army; (b) persons enrolled under this Act; (c) persons belonging to the Indian Reserve Forces; (d) persons belonging to the Indian Supplementary Reserve Forces when called out for service or when carrying out the annual test; (e) officers of the Territorial Army, when doing duty as such officers, and enrolled persons of the said Army when called out or embodied or attached to any regular forces, subject to such adaptations and modifications as may be made in the application of this Act to such persons under sub-section (1) of section 9 of the Territorial Army Act, 1948 (56 of 1948). (f) persons holding commissions in the Army in India Reserve of Officers, when ordered on any duty or service for which they are liable as members of such reserve forces; (g) officers appointed to the Indian Regular Reserve of Officers, when ordered on any duty or service for which they are liable as members of such reserve forces; 3* - - - (i) persons not otherwise subject to military law who, on active service, in camp, on the march or at any frontier post specified by the Central Government by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany any portion of, the regular Army. (2) Every person subject to this Act under clauses (a) to [4][(g)] of sub-section (1) shall remain so subject until duly retired, discharged, released, removed, dismissed or cashiered from the service. **3. Definitions.—In this Act, unless the context otherwise requires,—** (i) “active service”, as applied to a person subject to this Act, means the time during which such person— (a) is attached to, or forms part of, a force which is engaged in operations against an enemy, or 1. This Act has been extended to-Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Schedule (w.e.f. 31-1-1963); Assam Rifles as modified by S.R.O. 318, dated 6-12-1962, see Gazette of India, Part II, s. 4, page 223. N.P. Pondicherry vide Reg. 7 of 1963, s. 3 and Schedule I (w.e.f. 1-10- 1963). And brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Schedule I (w.e.f. 1-7-1965). 2. 22nd July, 1950, vide notification No. S.R.0 120, dated the 22nd July, 1950, see Gazette of India, Part II, s. 4. 3. Omitted by the Adaptation of laws (No. 3) Order, 1956. 4. Subs. ibid., for clause (h). 8 ----- (b) is engaged in military operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or (c) is attached to or forms part of a force which is in military occupation of a foreign country; (ii) “civil offence” means an offence which is triable by a Criminal Court; (iii) “civil prison” means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force; 1[(iv) “Chief of the Army Staff,” means the officer commanding the regular Army;] (v) “commanding officer”, when used in any provision of this Act, with reference to any separate portion of the regular Army or to any department thereof, means the officer whose duty it is under the regulations of the regular Army, or in the absence of any such regulations, by the custom of the service, to discharge with respect to that portion of the regular Army or that department, as the case may be, the functions of a commanding officer in regard to matters of the description referred to in that provision; (vi) “corps” means any separate body of persons subject to this Act, which is prescribed as a corps for the purposes of all or any of the provisions of this Act; (vii) “court-martial” means a court-martial held under this Act; (viii) “Criminal Court” means a Court of ordinary criminal justice in any part of India [2]*** ; (ix) “department” includes any division or branch of a department; (x) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to military law to act; (xi) “the Forces” means the regular Army, Navy and Air Force or any part of any one or more of them; (xii) “junior commissioned officer” means a person commissioned, gazetted or in pay as a junior commissioned officer in the regular Army or the Indian Reserve Forces, and includes a person holding a junior commission in the Indian Supplementary Reserve Forces, or the Territorial Army 3* * * who is for the time being subject to this Act; (xiii) “military custody” means the arrest or confinement of a person according to the usages of the service and includes naval or air force custody; (xiv) “military reward” includes any gratuity or annuity for long service or good conduct, good service pay or pension, and any other military pecuniary reward; (xv) “non-commissioned officer” means a person holding a non-commissioned rank or an acting non-commissioned rank in the regular Army or the Indian Reserve Forces, and includes a noncommissioned officer or acting non-commissioned officer of the Indian Supplementary Reserve Forces or the Territorial Army [4]* * *, who is for the time being subject to this Act; (xvi) “notification” means a notification published in the Official Gazette; (xvii) “offence” means any act or omission punishable under this Act and includes a civil offence as hereinbefore defined; (xviii) “officer” means a person commissioned, gazetted or in pay as an officer in the regular Army, and includes— (a) an officer of the Indian Reserve Forces; 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for clause (iv). 2. The words “other than the State of Jammu and Kashmir” omitted by Act 13 of 1975, s. 3 (w.e.f. 25-1-1975). 3. The words and letter “or a junior or equivalent commission in the land forces of a Part B State,” omitted by the Adaptation of Laws (No. 3) Order, 1956. 4. The words and letter “or the land forces of a Part B State” omitted, ibid. 9 ----- (b) an officer holding a commission in the Territorial Army granted by the President with designation of rank corresponding to that of an officer of the regular Army who is for the time being subject to this Act; (c) an officer of the Army in India Reserve of Officers who is for the time being subject to this Act; (d) an officer of the Indian Regular Reserve of Officers who is for the time being subject to this Act; 1* - - - (f) in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the Navy or Air Force; but does not include a junior commissioned officer, warrant officer, petty officer or noncommissioned officer; (xix) “prescribed” means prescribed by rules made under this Act; (xx) “provost-marshal” means a person appointed as such under section 107 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf; (xxi) “regular Army” means officers, junior commissioned officers, warrant officers, non commissioned officers and other enrolled persons who, by their commission, warrant, terms of enrolment or otherwise, are liable to render continuously for a term military service to the Union in any part of the world, including persons belonging to the Reserve Forces and the Territorial Army when called out on permanent service; (xxii) “regulation” includes a regulation made under this Act; (xxiii) “superior officer”, when used in relation to a person subject to this Act, includes a junior commissioned officer, warrant officer and a non-commissioned officer, and, as regards persons placed under his orders, an officer, warrant officer, petty officer and non-commissioned officer of the Navy or Air Force; (xxiv) “warrant officer” means a person appointed, gazetted or in pay as a warrant officer of the regular Army or of the Indian Reserve Forces, and includes a warrant officer of the Indian Supplementary Reserve Forces or of the Territorial Army [2]* * * who is for the time being subject to this Act; (xxv) [3][all words (except the word “India”)] and expressions used but not defined in this Act and defined in the Indian Penal Code (45 of 1860) shall be deemed to have the meanings assigned to them in that Code. CHAPTER II SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES **4. Application of Act to certain forces under Central Government.—(1) The Central Government** may, by notification, apply, with or without modifications, all or any of the provisions of this Act to any force raised and maintained in India under the authority of that Government, [4]* * * and suspend the operation of any other enactment for the time being applicable to the said force. (2) The provisions of this Act so applied shall have effect in respect of persons belonging to the said force as they have effect in respect of persons subject to this Act holding in the regular Army the same or equivalent rank as the aforesaid persons hold for the time being in the said force. 1. Omitted by the Adaptation of Laws (No. 3) Order, 1956. 2. The words and letter “or the land forces of a Part B State” omitted, ibid. 3. Subs. by Act 13 of 1975, s. 3, for “all words” (w.e.f. 25-1- 1975). 4. The words “including any force maintained by a Part B State,” omitted by the Adaptation of Laws (No. 3) Order, 1956. 10 ----- (3) The provisions of this Act so applied shall also have effect in respect of persons who are employed by or are in the service of or are followers of or accompany any portion of the said force as they have effect in respect of persons subject to this Act under [1][clause (i) of sub-section (1) of section (2)]. (4) While any of the provisions of this Act apply to the said force, the Central Government may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force. **5. [Application of Act to forces of Part B States.]** _Omitted by the Adaptation of Laws (No. 3)_ _Order, 1956._ **6. Special provision as to rank in certain cases.—(1) The Central Government may, by notification,** direct that any persons or class of persons subject to this Act under [1][clause (i) of sub-section (1) of section 2] shall be so subject as officers, junior commissioned officers, warrant officers or non-commissioned officers and may authorise any officer to give a like direction and to cancel such direction. (2) All persons subject to this Act other than officers, junior commissioned officers, warrant officers and non-commissioned officers shall, if they are not persons in respect of whom a notification or direction under sub-section (1) is in force, be deemed to be of a rank inferior to that of a non-commissioned officer. **7. Commanding officer of persons subject to military law under clause (i) of section 2.—(1)** Every person subject to this Act under [1][clause (i) of sub-section (1) of section 2] shall, for the purposes of this Act, be deemed to be under the commanding officer of the corps, department of detachment, if any, to which he is attached, and, if he is not so attached, under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person for the time being is serving, or any other prescribed officer, or, if no such officer is named or prescribed, under the command of the said officer commanding the force. (2) An officer commanding a force shall not place a person subject to this Act under [1][clause (i) of sub-section (1) of section 2] under the command of an officer of rank inferior to that of such person, if there is present at the place where such person is any officer of a higher rank under whose command he can be placed. **8. Officers exercising powers in certain cases.—(1) Whenever persons subject to this Act are** serving under an officer commanding any military organisation, not in this section specifically named and being in the opinion of the Central Government not less than a brigade, that Government may prescribe the officer by whom the powers, which under this Act may be exercised by officers commanding armies, army corps, divisions and brigades, shall, as regards such persons, be exercised. (2) The Central Government may confer such powers, either absolutely or subject to such restrictions, reservations, exceptions and conditions, as it may think fit. **9. Power to declare persons to be on active service.—Notwithstanding anything contained in** clause (i) of section 3, the Central Government may, by notification, declare that any person or class of persons subject to this Act shall, with reference to any area in which they may be serving or with reference to any provision of this Act or of any other law for the time being in force, be deemed to be on active service within the meaning of this Act. CHAPTER III COMMISSION, APPOINTMENT AND ENROLMENT **10. Commission and appointment.—The President may grant, to such person as he thinks fit, a** commission as an officer, or as a junior commissioned officer or appoint any person as a warrant officer of the regular Army. **11. Ineligibility of aliens for enrolment.—No person who is not a citizen of India shall, except with** the consent of the Central Government signified in writing, be enrolled in the regular Army: 1. Subs. by Act 56 of 1974, s. 3 and the Second Schedule, for “clause (i) of section 2”. 11 ----- Provided that nothing contained in this section shall bar the enrolment of the subjects of Nepal in the regular Army. **12. Ineligibility of females for enrolment or employment.—No female shall be eligible for** enrolment or employment in the regular Army, except in such corps, department, branch or other body forming part of, or attached to any portion of, the regular Army as the Central Government may, by notification in the Official Gazette, specify in this behalf: Provided that nothing contained in this section shall affect the provisions of any law for the time being in force providing for the raising and maintenance of any service auxiliary to the regular Army or any branch thereof in which females are eligible for enrolment or employment. **13. Procedure before enrolling officer.—Upon the appearance before the prescribed enrolling** officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of the service for which he is to be enrolled; and shall put to him the questions set forth in the prescribed form of enrolment, and shall, after having cautioned him that if he makes a false answer to any such question he will be liable to punishment under this Act, record or cause to be recorded his answer to each such question. **14. Mode of enrolment.—If, after complying with the provisions of section 13, the enrolling officer** is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of service, and if such officer perceives no impediment, he shall sign and shall also cause such person to sign the enrolment paper, and such person shall thereupon be deemed to be enrolled. **15. Validity of enrolment.—Every person who has for the space of three months been in receipt of** pay as a person enrolled under this Act and been borne on the rolls of any corps or department shall be deemed to have been duly enrolled, and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrolment or on any other ground whatsoever; and if any person, in receipt of such pay and borne on the rolls as aforesaid, claims his discharge before the expiry of three months from his enrolment, no such irregularity or illegality or other ground shall, until he is discharged in pursuance of his claim, affect his position as an enrolled person under this Act or invalidate any proceeding, act or thing taken or done prior to his discharge. **16. Persons to be attested.—The following persons shall be attested, namely:—** (a) all persons enrolled as combatants; (b) all persons selected to hold a non-commissioned or acting non-commissioned rank; and (c) all other persons subject to this Act as may be prescribed by the Central Government. **17. Mode of attestation.—(1) When a person who is to be attested is reported fit for duty, or has** completed the prescribed period of probation, an oath or affirmation shall be administered to him in the prescribed form by his commanding officer in front of his corps or such portion thereof or such members of his department as may be present, or by any other prescribed person. (2) The form of oath or affirmation prescribed under this section shall contain a promise that the person to be attested will bear true allegiance to the Constitution of India as by law established, and that he will serve in the regular Army and go wherever he is ordered by land, sea or air, and that he will obey all commands of any officer set over him, even to the peril of his life. (3) The fact of an enrolled person having taken the oath or affirmation directed by this section to be taken shall be entered on his enrolment paper, and authenticated by the signature of the officer administering the oath or affirmation. CHAPTER IV CONDITIONS OF SERVICE **18. Tenure of service under the Act.—Every person subject to this Act shall hold office during the** pleasure of the President. **19. Termination of service by Central Government.—Subject to the provisions of this Act and the** rules and regulations made thereunder the Central Government may dismiss, or remove from the service, any person subject to this Act. 12 ----- **20. Dismissal, removal or reduction by the Chief of the Army Staff and by other officers.—(1)** 1[The Chief of the Army Staff ] may dismiss or remove from the service any person subject to this Act other than an officer. (2) [1][The Chief of the Army Staff] may reduce to a lower grade or rank or the ranks, any warrant officer or any non-commissioned officer. (3) An officer having power not less than a brigade or equivalent commander or any prescribed officer may dismiss or remove from the service any person serving under his command other than an officer or a junior commissioned officer. (4) Any such officer as is mentioned in sub-section (3) may reduce to a lower grade or rank or the ranks, any warrant officer or any non-commissioned officer under his command. (5) A warrant officer reduced to the ranks under this section shall not, however, be required to serve in the ranks as a sepoy. (6) The commanding officer of an acting non-commissioned officer may order him to revert to his permanent grade as a non-commissioned officer, or if he has no permanent grade above the ranks, to the ranks. (7) The exercise of any power under this section shall be subject to the said provisions contained in this Act and the rules and regulations made thereunder. **21. Power to modify certain fundamental rights in their application to persons subject to this** **Act.—Subject to the provisions of any law for the time being in force relating to the regular Army or to** any branch thereof, the Central Government may, by notification, make rules restricting to such extent and in such manner as may be necessary the right of any person subject to this Act— (a) to be a member of, or to be associated in any way with, any trade union or labour union, or any class of trade or labour unions or any society, institution or association, or any class of societies, institutions or associations; (b) to attend or address any meeting or to take part in any demonstration organised by any body of persons for any political or other purposes; (c) to communicate with the press or to publish or cause to be published any book, letter or other document. **22. Retirement, release or discharge.—Any person subject to this Act may be retired, released or** discharged from the service by such authority and in such manner as may be prescribed. **23. Certificate on termination of service.—Every junior commissioned officer, warrant officer, or** enrolled person who is dismissed, removed, discharged, retired or released from the service shall be furnished by his commanding officer with a certificate, in the language which is the mother tongue of such person and also in the English language setting forth— (a) the authority terminating his service; (b) the cause for such termination ; and (c) the full period of his service in the regular Army. **24. Discharge or dismissal when out of India.—(1) Any person enrolled under this Act who is** entitled under the conditions of his enrolment to be discharged, or whose discharge is ordered by competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of India, and requests to be sent to India, shall, before being discharged, be sent to India with all convenient speed. (2) Any person enrolled under this Act who is dismissed from the service and who, when he is so dismissed, is serving out of India, shall be sent to India with all convenient speed. 1 Subs. by Act 19 of 1955, s. 2 and the Schedule, for “The Commander-in-Chief”. 13 ----- (3) Where any such person as is mentioned in sub-section (2) is sentenced to dismissal combined with any other punishment, such other punishment, or, in the case of a sentence of transportation or imprisonment, a portion of such sentence may be inflicted before he is sent to India. (4) For the purposes of this section, the word “discharge” shall include release, and the word “dismissal” shall include removal. CHAPTER V SERVICE PRIVILEGES **25. Authorised deductions only to be made from pay.—The pay of every person subject to this Act** due to him as such under any regulation for the time being in force shall be paid without any deduction other than the deductions authorised by or under this or any other Act. **26. Remedy of aggrieved persons other than officers.—(1) Any person subject to this Act other** than an officer who deems himself wronged by any superior or other officer may, if not attached to a troop or company, complain to the officer under whose command or orders he is serving; and may, if attached to a troop or company, complain to the officer commanding the same. (2) When the officer complained against is the officer to whom any complaint should, under sub-section (1), be preferred, the aggrieved person may complain to such officer’s next superior officer. (3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant; or, when necessary, refer the complaint to superior authority. (4) Every such complaint shall be preferred in such manner as may from time to time be specified by the proper authority. (5) The Central Government may revise any decision by [1][the Chief of the Army Staff] under sub-section (2), but, subject thereto, the decision of [1][the Chief of the Army Staff ] shall be final. **27. Remedy of aggrieved officers.—Any officer who deems himself wronged by his commanding** officer or any superior officer and who on due application made to his commanding officer does not receive the redress to which he considers himself entitled, may complain to the Central Government in such manner as may from time to time be specified by the proper authority. **28. Immunity from attachment.—Neither the arms, clothes, equipment, accoutrements or** necessaries of any person subject to this Act, nor any animal used by him for the discharge of his duty, shall be seized, nor shall the pay and allowances of any such person or any part thereof be attached, by direction of any civil or revenue court or any revenue officer in satisfaction of any decree or order enforceable against him. **29. Immunity from arrest for debt.—(1) No person subject to this Act shall, so long as he belongs** to the Forces, be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court or revenue officer. (2) The judge of any such court or the said officer may examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section and may, by warrant under his hand, discharge the person, and award reasonable costs to the complainant, who may recover those costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process. (3) For the recovery of such costs no court-fee shall be payable by the complainant. **30. Immunity of persons attending courts-martial from arrest.—(1) No presiding officer or** member of a court-martial, no judge advocate, no party to any proceeding before a court-martial, or his legal practitioner or agent, and no witness acting in obedience to a summons to attend a court-martial 1. Subs. by Act 19 of 1955, s. 2 and the Schedule for “the Commander-in-Chief”. 14 ----- shall, while proceeding to, attending, or returning from, a court-martial, be liable to arrest under civil or revenue process. (2) If any such person is arrested under any such process, he may be discharged by order of the court martial. **31. Privileges of reservists.—Every person belonging to the Indian Reserve Forces shall, when** called out for or engaged in or returning from, training or service, be entitled to all the privileges accorded by sections 28 and 29 to a person subject to this Act. **32. Priority in respect of army personnel’s litigation.—(1) On the presentation to any court by or** on behalf of any person subject to this Act of a certificate from the proper military authority of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for. (2) The certificate from the proper military authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which the leave was granted or applied for. (3) No fee shall be payable to the court in respect of the presentation of any such certificate, or of any application by or on behalf of any such person, for priority for the hearing of his case. (4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself. (5) If in any case a question arises as to the proper military authority qualified to grant such certificate as aforesaid, such question shall at once be referred by the court to an officer having power not less than a brigade or equivalent commander whose decision shall be final. **33. Saving of rights and privileges under other laws.—The rights and privileges specified in the** preceding sections of this Chapter shall be in addition to, and not in derogation of, any other rights and privileges conferred on persons subject to this Act or on members of the regular Army, Navy and Air Force generally by any other law for the time being in force. CHAPTER VI OFFENCES **34. Offences in relation to the enemy and punishable with death.—Any person subject to this Act** who commits any of the following offences, that is to say,— (a) shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit any of the said acts; or (b) intentionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy; or (c) in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or (d) treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union; or (e) directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies; or (f) treacherously or through cowardice sends a flag of truce to the enemy; or 15 ----- (g) in time of war or during any military operation, intentionally occasions a false alarm in action, camp, garrison or quarters, or spreads reports calculated to create alarm or despondency; or (h) in time of action leaves his commanding officer or his post, guard, picquet, patrol or party without being regularly relieved or without leave; or (i) having been made a prisoner of war, voluntarily serves with or aids the enemy; or (j) knowingly harbours or protects an enemy not being a prisoner; or (k) being a sentry in time of war or alarm, sleeps upon his post or is intoxicated; or (l) knowingly does any act calculated to imperil the success of the military, naval or air forces of India or any forces co-operating therewith or any part of such forces; shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned. **35. Offences in relation to the enemy and not punishable with death.—Any person subject to this** Act who commits any of the following offences, that is to say,— (a) is taken prisoner, by want of due precaution, or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner, fails to rejoin his service when able to do so; or (b) without due authority holds correspondence with or communicates intelligence to the enemy or having come by the knowledge of any such correspondence or communication, wilfully omits to discover it immediately to his commanding or other superior officer; or (c) without due authority sends a flag of truce to the enemy; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. **36. Offences punishable more severely on active service than at other times.—Any person subject** to this Act who commits any of the following offences, that is to say,— (a) forces a safeguard, or forces or uses criminal force to a sentry; or (b) breaks into any house or other place in search of plunder; or (c) being a sentry sleeps upon his post, or is intoxicated; or (d) without orders from his superior officer leaves his guard, picquet, patrol or post; or (e) intentionally or through neglect occasions a false alarm in camp, garrison, or quarters; or spreads reports calculated to create unnecessary alarm or despondency; or (f) makes known the parole, watchword or countersign to any person not entitled to receive it; or knowingly gives a parole, watchword or countersign different from what he received; shall, on conviction by court-martial, if he commits any such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he commits any such offence when not on active service, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **37. Mutiny.—Any person subject to this Act who commits any of the following offences, that is to** say,— (a) begins, incites, causes, or conspires with any other persons to cause any mutiny in the military, naval or air forces of India or any forces co-operating therewith; or (b) joins in any such mutiny; or (c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or 16 ----- (d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his commanding or other superior officer; or (e) endeavours to seduce any person in the military, naval or air forces of India from his duty or allegiance to the Union; shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned. **38. Desertion and aiding desertion.—(1) Any person subject to this Act who deserts or attempts to** desert the service shall, on conviction by court-martial, if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this Act mentioned; and if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who, knowingly harbours any such deserter shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **39. Absence without leave.—Any person subject to this Act who commits any of the following** offences, that is to say,— (a) absents himself without leave; or (b) without sufficient cause overstays leave granted to him; or (c) being on leave of absence and having received information from proper authority that any corps, or portion of a corps, or any department, to which he belongs, has been ordered on active service, fails, without sufficient cause, to rejoin without delay; or (d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty; or (e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march; or (f) when in camp or garrison or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer; or (g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. **40. Striking or threatening superior officers.—Any person subject to this Act who commits any of** the following offences, that is to say,— (a) uses criminal force to or assaults his superior officer; or (b) uses threatening language to such officer; or (c) uses insubordinate language to such officer; 17 ----- shall, on conviction by court-martial, if such officer is at the time in the execution of his office or, if the offence is committed on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned: Provided that in the case of an offence specified in clause (c), the imprisonment shall not exceed five years. **41. Disobedience to superior officer.—(1) Any person subject to this Act who disobeys in such** manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who disobeys any lawful command given by his superior officer shall, on conviction by court-martial, if he commits such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he commits such offence when not on active service, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. **42. Insubordination and obstruction.—Any person subject to this Act who commits any of the** following offences, that is to say,— (a) being concerned in any quarrel, affray, or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or (b) uses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or (c) resists an escort whose duty it is to apprehend him or to have him in charge; or (d) breaks out of barracks, camp or quarters; or (e) neglects to obey any general, local or other order; or (f) impedes the provost-marshal or any person lawfully acting on his behalf, or when called upon, refuses to assist in the execution of his duty a provost-marshal or any person lawfully acting on his behalf; or (g) uses criminal force to or assaults any person bringing provisions or supplies to the forces; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clauses (d) and (e) to two years, and in the case of the offences specified in the other clauses to ten years, or such less punishment as is in this Act mentioned. **43. Fraudulent enrolment.—Any person subject to this Act who commits any of the following** offences, that is to say,— (a) without having obtained a regular discharge from the corps or department to which he belongs, or otherwise fulfilled the conditions enabling him to enrol or enter, enrols himself in, or enters the same or any other corps or department or any part of the naval or air forces of India or the Territorial Army; or (b) is concerned in the enrolment in any part of the Forces of any person when he knows or has reason to believe such person to be so circumstanced that by enrolling he commits an offence against this Act; 18 ----- shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. **44. False answers on enrolment.— Any person having become subject to this Act who is discovered** to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. **45. Unbecoming conduct.—Any officer, junior commissioned officer or warrant officer who** behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned; and, if he is a junior commissioned officer or a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned. **46. Certain forms of disgraceful conduct.—Any person subject to this Act who commits any of the** following offences, that is to say,— (a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or (b) malingers, or feigns, or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or (c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **47. Ill-treating a subordinate.—Any officer, junior commissioned officer, warrant officer or non-** commissioned officer who uses criminal force to or otherwise illtreats any person subject to this Act, being his subordinate in rank or position, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **48. Intoxication.—(1) Any person subject to this Act who is found in a state of intoxication, whether** on duty or not, shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned ; and, if he is not an officer, be liable, subject to the provisions of sub-section (2), to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. (2) Where an offence of being intoxicated is committed by a person other than an officer when not on active service or not on duty, the period of imprisonment awarded shall not exceed six months. **49. Permitting escape of person in custody.— Any person subject to this Act who commits any of** the following offences, that is to say,— (a) when in command of a guard, picquet, patrol or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge, or refuses to receive any prisoner or person so committed; or (b) wilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard; shall, on conviction by court-martial, be liable, if he has acted wilfully to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he has not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **50. Irregularity in connection with arrest or confinement.—Any person subject to this Act who** commits any of the following offences, that is to say,— (a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation; or 19 ----- (b) having committed a person to military custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. **51. Escape from custody.— Any person subject to this Act who, being in lawful custody, escapes or** attempts to escape, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. **52. Offences in respect of property.—Any person subject to this Act who commits any of the** following offences, that is to say,— (a) commits theft of any property belonging to the Government, or to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law; or (b) dishonestly misappropriates or converts to his own use any such property; or (c) commits criminal breach of trust in respect of any such property; or (d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence; or (e) wilfully destroys or injures any property of the Government entrusted to him; or (f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. **53. Extortion and corruption.—Any person subject to this Act who commits any of the following** offences, that is to say,— (a) commits extortion; or (b) without proper authority exacts from any person money, provisions or service; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. **54. Making away with equipment.—Any person subject to this Act who commits any of the** following offences, that is to say,— (a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments tools, clothing or any other thing being the property of the Government issued to him for his use or entrusted to him; or (b) loses by neglect anything mentioned in clause (a); or (c) sells, pawns, destroys or defaces any medal or decoration granted to him; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend in the case of the offences specified in clause (a) to ten years, and in the case of the offences specified in the other clauses to five years, or such less punishment as is in this Act mentioned. **55. Injury to property.—Any person subject to this Act who commits any of the following offences,** that is to say,— (a) destroys or injures any property mentioned in clause (a) of section 54 or any property belonging to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law, or serving with, or attached to, the regular Army; or 20 ----- (b) commits any act which causes damage to, or destruction of, any property of the Government by fire; or (c) kills, injures, makes away with, ill-treats or loses any, animal entrusted to him; shall, on conviction by court-martial, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he has acted without reasonable excuse, to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **56. False accusations.—Any person subject to this Act who commits any of the following offences,** that is to say,— (a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false; or (b) in making a complaint under section 26 or section 27 makes any statement affecting the character of any person subject to this Act, knowing or having reason to believe such statement to be false or knowingly and wilfully suppresses any material facts; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. **57. Falsifying official documents and false declaration.—Any person subject to this Act who** commits any of the following offences, that is to say,— (a) in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of any false or fraudulent statement; or (b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to the making of, any omission, with intent to defraud; or (c) knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce; or (d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration; or (e) obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. **58. Signing in blank and failure to report.—Any person subject to this Act who commits any of the** following offences, that is to say,— (a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores, or any property of the Government fraudulently leaves in blank any material part for which his signature is a voucher; or (b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. 21 ----- **59. Offences relating to courts-martial.—Any person subject to this Act who commits any of the** following offences, that is to say,— (a) being duly summoned or ordered to attend as a witness before a court martial, wilfully or without reasonable excuse, makes default in attending; or (b) refuses to take an oath or make an affirmation legally required by a court-martial to be taken or made; or (c) refuses to produce or deliver any document in his power or control legally required by a court-martial to be produced or delivered by him; or (d) refuses when a witness to answer any question which he is by law bound to answer; or (e) is guilty of contempt of court-martial by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. **60. False evidence.—Any person subject to this Act who, having been duly sworn or affirmed before** any court-martial or other court competent under this Act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **61. Unlawful detention of pay.—Any officer, junior commissioned officer, warrant officer or non-** commissioned officer who, having received the pay of a person subject to this Act unlawfully detains or refuses to pay the same when due, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. **62. Offences in relation to aircraft and flying.—Any person subject to this Act who commits any of** the following offences, that is to say,— (a) wilfully or without reasonable excuse damages, destroys or loses any aircraft or aircraft material belonging to the Government; or (b) is guilty of any act or neglect likely to cause such damage, destruction or loss; or (c) without lawful authority disposes of any aircraft or aircraft material belonging to the Government; or (d) is guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person; or (e) during a state of war, wilfully and without proper occasion, or negligently, causes the sequestration, by or under the authority of a neutral State, or the destruction in a neutral State of any aircraft belonging to the Government; shall, on conviction by court-martial, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned, and, in any other case, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. **63. Violation of good order and discipline.—Any person subject to this Act who is guilty of any act** or omission which, though not specified in this Act, is prejudicial to good order and military discipline shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **64. Miscellaneous offences.—Any person subject to this Act who commits any of the following** offences, that is to say,— (a) being in command at any post or on the march, and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or 22 ----- market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority; or (b) by defiling any place of worship, or otherwise, intentionally insults the religion or wounds the religious feelings of any person; or (c) attempts to commit suicide, and in such attempt does any act towards the commission of such offence; or (d) being below the rank of warrant officer, when off duty, appears, without proper authority, in or about camp or cantonments, or in or about, or when going to or returning from, any town or bazar, carrying a rifle, sword or other offensive weapon; or (e) directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service; or (f) commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. **65. Attempt.—Any person subject to this Act who attempts to commit any of the offences specified** in sections 34 to 64 inclusive and in such attempt does any act towards the commission of the offence, shall, on conviction by court-martial, where no express provision is made by this Act for the punishment of such attempt, be liable, if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned. **66. Abetment of offences that have been committed.—Any person subject to this Act who abets the** commission of any of the offences specified in sections 34 to 64 inclusive shall, on conviction by courtmartial, if the Act abetted is committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this Act mentioned. **67. Abetment of offences punishable with death and not committed.—Any person subject to this** Act who abets the commission of any of the offences punishable with death under sections 34, 37 and sub-section (1) of section 38 shall, on conviction by court-martial, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. **68. Abetment of offences punishable with imprisonment and not committed.—Any person** subject to this Act who abets the commission of any of the offences specified in sections 34 to 64 inclusive and punishable with imprisonment shall, on conviction by court-martial, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned. **69. Civil offences.—Subject to the provisions of section 70, any person subject to this Act who at any** place in or beyond India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section, shall be liable to be tried by a court-martial and, on conviction, be punishable as follows, that is to say,— (a) if the offence is one which would be punishable under any law in force in India with death or with transportation, he shall be liable to suffer any punishment, other than whipping, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and 23 ----- (b) in any other case, he shall be liable to suffer any punishment, other than whipping, assigned for the offence by the law in force in India, or imprisonment for a term which may extend to seven years, or such less punishment as is in this Act mentioned. **70. Civil offence not triable by court-martial.—A person subject to this Act who commits an** offence of murder against a person not subject to military, naval or air force law, or of culpable homicide not amounting to murder against such a person or of rape in relation to such a person, shall not be deemed to be guilty of an offence against this Act and shall not be tried by a court-martial, unless he commits any of the said offences— (a) while on active service, or (b) at any place outside India, or (c) at a frontier post specified by the Central Government by notification in this behalf. 1* - - - CHAPTER VII PUNISHMENTS **71. Punishments awardable by courts-martial.—Punishments may be inflicted in respect of** offences committed by persons subject to this Act and convicted by courts-martial, according to the scale following, that is to say,— (a) death; (b) transportation for life or for any period not less than seven years; (c) imprisonment, either rigorous or simple, for any period not exceeding fourteen years; (d) cashiering, in the case of officers; (e) dismissal from the service; (f) reduction to the ranks or to a lower rank or grade or place in the list of their rank, in the case of warrant officers; and reduction to the ranks or to a lower rank or grade, in the case of noncommissioned officers: Provided that a warrant officer reduced to the ranks shall not be required to serve in the ranks as a sepoy; (g) forfeiture of seniority of rank, in the case of officers, junior commissioned officers, warrant officers and non-commissioned officers; and forfeiture of all or any part of their service for the purpose of promotion, in the case of any of them whose promotion depends upon length of service; (h) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose; (i) severe reprimand or reprimand, in the case of officers, junior commissioned officers, warrant officers and non-commissioned officers; (j) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active service; (k) forfeiture in the case of a person sentenced to cashiering or dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such cashiering or dismissal; (l) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good. 1. The Explanation omitted by Act 13 of 1975, s. 3 (w.e.f. 25-1-1975). 24 ----- **72. Alternative punishments awardable by court-martial.—Subject to the provisions of this Act, a** court-martial may, on convicting a person subject to this Act of any of the offences specified in sections 34 to 68 inclusive, award either the particular punishment with which the offence is stated in the said sections to be punishable, or, in lieu thereof, any one of the punishments lower in the scale set out in section 71, regard being had to the nature and degree of the offence. **73. Combination of punishments.—A sentence of a court-martial may award in addition to, or** without any one other punishment, the punishment specified in clause (d) or clause (e) of section 71 and any one or more of the punishments specified in clauses (f) to (l) of that section. **74. Cashiering of officers.—An officer shall be sentenced to be cashiered before he is awarded any** of the punishments specified in clauses (a) to (c) of section 71. **75. [Field punishment.]** _Omitted by the Army_ (Amendment) Act, 1992 (37 of 1992), s. 2 (w.e.f. 6-9-1992). **76. [Position of Field punishment in scale of punishments.] Omitted by the Army (Amendment) Act,** 1992 (37 of 1992), s. 2 (w.e.f. 6-9-1992). **77. Result of certain punishments in the case of a warrant officer or non-commissioned** **officer.—A warrant officer or a non-commissioned officer sentenced by a court-martial to transportation,** imprisonment, [1]* * * or dismissal from the service, shall be deemed to be reduced to the ranks. **78. Retention in the ranks of a person convicted on active service.—When, on active service, any** enrolled person has been sentenced by a court-martial to dismissal, or to transportation or imprisonment whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks, and such service shall be reckoned as part of his term of transportation or imprisonment, if any. **79. Punishments otherwise than by court-martial.—Punishments may also be inflicted in respect** of offences committed by persons subject to this Act without the intervention of a court-martial and in the manner stated in sections 80, 83, 84 and 85. **80. Punishment of persons other than officers, junior commissioned officers and warrant** **officers.—Subject to the provisions of section 81, a commanding officer or such other officer as is, with** the consent of the Central Government, specified by [2][the Chief of the Army Staff], may, in the prescribed manner, proceed against a person subject to this Act other wise than as an officer, junior commissioned officer or warrant officer who is charged with an offence under this Act and award such person, to the extent prescribed, one or more of the following punishments, that is to say,— (a) imprisonment in military custody up to twenty-eight days; (b) detention up to twenty-eight days; (c) confinement to the lines up to twenty-eight days; (d) extra guards or duties; (e) deprivation of a position of the nature of an appointment or of corps or working pay, and in the case of non-commissioned officers, also deprivation of acting rank or reduction to a lower grade of pay; (f) forfeiture of good service and good conduct pay; (g) severe reprimand or reprimand; (h) fine up to fourteen days’ pay in any one month; (i) penal deductions under clause (g) of section 91; 3* - - - 1. The words “field punishment” omitted by Act 37 of 1992, s. 3. 2. Subs. by Act 19 of 1955. s. 2 and the Schedule, for “ the Commander-in-Chief”. 3. Clause (j) omitted by Act 37 of 1992, s. 4. 25 ----- **81. Limit of punishments under section 80.—[1][(1)* * *** - ]. (2) In the case of an award of two or more of the punishments specified in clauses (a), (b), (c) and (d) of the said section, the punishment specified in clause (c) or clause (d) shall take effect only at the end of the punishment specified in clause (a) or clause (b). (3) When two or more of the punishments specified in the said clauses (a), (b) and (c) are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate forty-two days. (4) The punishments specified in clauses [2][(a), (b) and (c)] of section 80 shall not be awarded to any person who is of the rank of non-commissioned officer or was, at the time of committing the offence for which he is punished, of such rank. (5) The punishment specified in clause (g) of the said section shall not be awarded to any person below the rank of a non-commissioned officer. **82. Punishments in addition to those specified in section 80.—[3][The Chief of the Army Staff] may,** with the consent of the Central Government, specify such other punishments as may be awarded under section 80 in addition to or without any of the punishments specified in the said section, and the extent to which such other punishments may be awarded. **83. Punishment of officers, junior commissioned officers and warrant officers by brigade** **commanders and others.—An officer having power not less than a brigade, or an equivalent commander** or such other officer as is, with the consent of the Central Government, specified by [3][the Chief of the Army Staff] may in the prescribed manner, proceed against an officer below the rank of a field officer, a junior commissioned officer or a warrant officer, who is charged with an offence under this Act, and award one or more of the following punishments, that is to say,— (a) severe reprimand or reprimand; (b) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good. **84. Punishment of officers, junior commissioned officers and warrant officers by area** **commanders and others.—An officer having power not less than an area commander or an equivalent** commander or an officer empowered to convene a general court-martial or such other officer as is, with the consent of the Central Government, specified by [3][the Chief of the Army Staff] may, in the prescribed manner, proceed against an officer below the rank of lieutenant-colonel, a junior commissioned officer or a warrant officer, who is charged with an offence under this Act, and award one or more of the following punishments, that is to say,— (a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding twelve months, but subject to the right of the accused previous to the award to elect to be tried by a court-martial; (b) severe reprimand or reprimand; (c) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good. **85. Punishment of junior commissioned officers.—A commanding officer or such other officer as** is, with the consent of the Central Government, specified by [3][the Chief of the Army Staff] may, in the prescribed manner, proceed against a junior commissioned officer who is charged with an offence under this Act [4][and award one or more of the following punishments, that is to say,— 1. Sub-section (1) omitted by Act 37 of 1992, s. 5. 2. Subs. by s. 5, ibid., for “(a), (b), (c) and (j)”. 3. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” 4. Subs. by Act 37 of 1992, s. 6, for certain words. 26 ----- (i) severe reprimand or reprimand; (ii) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good: Provided that the punishment specified in clause (i) shall not be awarded if the commanding officer or such other officer is below the rank of Colonel]. **86. Transmission of proceedings.—In every case in which punishment has been awarded under any** of the sections 83, 84 and 85, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment, to a superior military authority as defined in section 88. **87. Review of proceedings.—If any punishment awarded under any of the sections 83, 84 and 85** appears to a superior military authority as defined in section 88 to be illegal, unjust or excessive, such authority may cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case. **88. Superior military authority.—For the purpose of sections 86 and 87, a “superior military** authority “ means— (a) in the case of punishments awarded by a commanding officer, any officer superior in command to such commanding officer; (b) in the case of punishments awarded by any other authority, the Central Government, [1][the Chief of the Army Staff] or other officer specified by [1][the Chief of the Army Staff]. **89. Collective fines.—(1) Whenever any weapon or part of a weapon forming part of the equipment** of a half squadron, battery, company or other similar unit is lost or stolen, the officer commanding the army, army corps, division or independent brigade to which such unit belongs may, after obtaining the report of a court of inquiry, impose a collective fine upon the junior commissioned officers, warrant officers, non-commissioned officers and men of such unit, or upon so many of them as, in his judgment, should be held responsible for such loss or theft. (2) Such fine shall be assessed as a percentage on the pay of the individuals on whom it falls. CHAPTER VIII PENAL DEDUCTIONS **90. Deductions from pay and allowances of officers.—The following penal deductions may be** made from the pay and allowances of an officer, that is to say,— (a) all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given to his commanding officer and has been approved by the Central Government; (b) all pay and allowances for every day while he is in custody or under suspension from duty on a charge for an offence for which he is afterwards convicted by a criminal court or a court-martial or by an officer exercising authority under section 83 or section 84; (c) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay; (d) any sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of an offence as may be determined by the court-martial by whom he is convicted of such offence, or by an officer exercising authority under section 83 or section 84; (e) all pay and allowances ordered by a court-martial [2]* * * to be forfeited or stopped; 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for the “Commander-in-Chief”. 2. The words and figures “or an officer exercising authority under section 85” omitted by Act 37 of 1992, s. 7. 27 ----- (f) any sum required to pay a fine awarded by a criminal court or a court-martial exercising jurisdiction under section 69; (g) any sum required to make good any loss, damage, or destruction of public or regimental property which, after due investigation, appears to the Central Government to have been occasioned by the wrongful act or negligence on the part of the officer; (h) all pay and allowances forfeited by order of the Central Government if the officer is found by a court of inquiry constituted by [1][the Chief of the Army Staff ] in this behalf, to have deserted to the enemy, or while in enemy hands, to have served with, or under the orders of, the enemy, or in any manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy, through want of due precaution or through disobedience of orders or wilful neglect of duty, or having been taken prisoner by the enemy, to have failed to rejoin his service when it was possible to do so; (i) any sum required by order of the Central Government [2][or any prescribed officers] to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said Government to the said wife or child. **91. Deductions from pay and allowances of persons other than officers.—Subject to the** provisions of section 94 the following penal deductions may be made from the pay and allowances of a person subject to this Act other than an officer, that is to say,— (a) all pay and allowances for every day of absence either on desertion or without leave, or as a prisoner of war, and for every day of transportation or imprisonment awarded by a criminal court, a court-martial or an officer exercising authority under section 80, [3]***; (b) all pay and allowances for every day while he is in custody on a charge for an offence of which he is afterwards convicted by a criminal court or a court-martial, or on a charge of absence without leave for which he is afterwards awarded imprisonment [4]*** by an officer exercising authority under section 80; (c) all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this Act committed by him; (d) for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specified by order of the Central Government or such officer as may be specified by that Government; (e) all pay and allowances ordered by a court-martial or by an officer exercising authority under any of the sections 80, 83, 84 and 85, to be forfeited or stopped; (f) all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of, the enemy; (g) any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the Central Government or to any building or property as may be awarded by his commanding officer; (h) any sum required to, pay a fine awarded by a criminal court, a court-martial exercising jurisdiction under section 69, or an officer exercising authority under any of the sections 80 and 89; 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander- in-Chief”. 2. Ins. by Act 37 of 1992, s. 7. 3. Certain words omitted by s. 8, ibid. 4. The words “the field punishment” omitted by s. 8, ibid. 28 ----- (i) any sum required by order of the Central Government or any prescribed officer to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said Government to the said wife or child. **92. Computation of time of absence or custody.—For the purposes of clauses (a) and (b) of** section 91,— (a) no person shall be treated as absent or in custody for a day unless the absence or custody has lasted, whether wholly in one day, or partly in one day and partly in another, for six consecutive hours or upwards; (b) any absence or custody for less than a day may be reckoned as absence or custody for a day if such absence or custody prevented the absentee from fulfilling any military duty which was thereby thrown upon some other person; (c) absence or custody for twelve consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during any portion of which the person was absent or in custody; (d) a period of absence, or imprisonment, which commences before, and ends after, midnight may be reckoned as a day. **93. Pay and allowances during trial.—In the case of any person subject to this Act who is in** custody or under suspension from duty on a charge for an offence, the prescribed officer may direct that the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his trial on the charge against him, in order to give effect to the provisions of clause (b) of sections 90 and 91. **94. Limit of certain deductions.—The total deductions from the pay and allowances of a person** made under clauses (e), (g) to (i) of section 91 shall not, except where he is sentenced to dismissal, exceed in any one month one-half of his pay and allowances for that month. **95. Deduction from public money due to a person.—Any sum authorised by this Act to be** deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension. **96. Pay and allowances of prisoner of war during inquiry into his conduct.—Where the conduct** of any person subject to this Act when being taken prisoner by, or while in the hands of, the enemy, is to be inquired into under this Act or any other law, [1][the Chief of the Army Staff] or any officer authorised by him may order that the whole or any part of the pay and allowances of such person shall be withheld pending the result of such inquiry. **97. Remission of deductions.—Any deduction from pay and allowances authorised by this Act may** be remitted in such manner and to such extent, and by such authority, as may from time to time be prescribed. **98. Provision for dependants of prisoner of war from remitted deductions.—In the case of all** persons subject to this Act, being prisoners of war, whose pay and allowances have been forfeited under clause (h) of section 90 or clause (a) of section 91, but in respect of whom a remission has been made under section 97, it shall be lawful for proper provision to be made by the prescribed authorities out of such pay and allowances for any dependants of such persons, and any such remission shall in that case be deemed to apply only to the balance thereafter remaining of such pay and allowances. **99. Provision for dependants of prisoner of war from his pay and allowances.—It shall be lawful** for proper provision to be made by the prescribed authorities for any dependants of any person subject to this Act who is a prisoner of war or is missing, out of his pay and allowances. **100. Period during which a person is deemed to be a prisoner of war.—For the purposes of** sections 98 and 99, a person shall be deemed to continue to be a prisoner of war until the conclusion of 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”. 29 ----- any inquiry into his conduct such as is referred to in section 96, and if he is cashiered or dismissed from the service in consequence of such conduct, until the date of such cashiering or dismissal. CHAPTER IX ARREST AND PROCEEDINGS BEFORE TRIAL **101. Custody of offenders.—(1) Any person subject to this Act who is charged with an offence may** be taken into military custody. (2) Any such person may be ordered into military custody by any superior officer. (3) An officer may order into military custody any officer, though he may be of a higher rank, engaged in a quarrel, affray or disorder. **102. Duty of commanding officer in regard to detention.—(1) It shall be the duty of every** commanding officer to take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable having regard to the public service. (2) The case of every person being detained in custody beyond a period of forty-eight hours, and the reason thereof, shall be reported by the commanding officer to the general or other officer to whom application would be made to convene a general or district court-martial for the trial of the person charged. (3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public holidays shall be excluded. (4) Subject to the provisions of this Act, the Central Government may make rules providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in military custody, pending the trial by any competent authority for any offence committed by him. **103. Interval between committal and court-martial.—In every case where any such person as is** mentioned in section 101 and as is not on active service remains in such custody for a longer period than eight days, without a court-martial for his trial being ordered to assemble, a special report giving reasons for the delay shall be made by his commanding officer in the manner prescribed, and a similar report shall be forwarded at intervals of every eight days until a court-martial is assembled or such person is released from custody. **104. Arrest by civil authorities.—Whenever any person subject to this Act, who is accused of any** offence under this Act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to military custody of such person upon receipt of a written application to that effect signed by his commanding officer. **105. Capture of deserters.—(1) Whenever any person subject to this Act deserts, the commanding** officer of the corps, department or detachment to which he belongs, shall give written information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a magistrate, and shall deliver the deserter, when apprehended, into military custody. (2) Any police officer may arrest without warrant any person reasonably believed to be subject to this Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with according to law. **106. Inquiry into absence without leave.—(1) When any person subject to this Act has been absent** from his duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable, be assembled, and such court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or 30 ----- necessaries; and if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence and the period thereof, and the said deficiency, if any, and the commanding officer of the corps or department to which the person belongs shall enter in the court-martial book of the corps or department a record of the declaration. (2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter. **107. Provost-marshals.—(1) Provost-marshals may be appointed by** [1][the Chief of the Army Staff] or by any prescribed officer. (2) The duties of a provost-marshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the regular Army. (3) A provost-marshal may at any time arrest and detain for trial any person subject to this Act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of the sentence awarded by a court-martial, or by an officer exercising authority under section 80 but shall not inflict any punishment on his own authority: Provided that no officer shall be so arrested or detained otherwise than on the order of another officer. (4) For the purposes of sub-sections (2) and (3), a provost-marshal shall be deemed to include a provost-marshal appointed under any law for the time being in force relating to the Government of the Navy or Air Force, and any person legally exercising authority under him or on his behalf. CHAPTER X COURTS-MARTIAL **108. Kinds of courts-martial.—For the purposes of this Act there shall be four kinds of** courts-martial, that is to say,— (a) general courts-martial; (b) district courts-martial; (c) summary general courts-martial; and (d) summary courts-martial. **109. Power to convene a general court-martial.—A general court-martial may be convened by the** Central Government or [1][the Chief of the Army Staff ] or by any officer empowered in this behalf by warrant of [1][the Chief of the Army Staff ]. **110. Power to convene a district court-martial.—A district court-martial may be convened by an** officer having power to convene a general court-martial or by any officer empowered in this behalf by warrant of any such officer. **111. Contents of warrants issued under sections 109 and 110.—A warrant issued under** section 109 or section 110 may contain such restrictions, reservations or conditions as the officer issuing it may think fit. **112. Power to convene a summary general court-martial.—The following authorities shall have** power to convene a summary general court-martial, namely,— (a) an officer empowered in this behalf by an order of the Central Government or of [1][the Chief of the Army Staff]; (b) on active service, the officer commanding the forces in the field, or any officer empowered by him in this behalf; 1 Subs. by Act 19 of 1955, s. 2 and Schedule, for “the Commander-in-Chief”. 31 ----- (c) an officer commanding any detached portion of the regular Army on active service when, in his opinion, it is not practicable, with due regard to discipline and the exigencies of the service, that an offence should be tried by a general court-martial. **113. Composition of general court-martial.—A general court-martial shall consist of not less than** five officers, each of whom has held a commission for not less than three whole years and of whom not less than four are of a rank not below that of captain. **114. Composition of district court-martial.—A district court-martial shall consist of not less than** three officers, each of whom has held a commission for not less than two whole years. **115. Composition of summary general court-martial.—A summary general court-martial shall** consist of not less than three officers. **116. Summary court-martial.—(1) A summary court-martial may be held by the commanding** officer of any corps, department or detachment of the regular Army, and he shall alone constitute the court. (2) The proceedings shall be attended throughout by two other persons who shall be officers or junior commissioned officers or one of either, and who shall not as such, be sworn or affirmed. **117. Dissolution of courts-martial.—(1) If a court-martial after the commencement of a trial is** reduced below the minimum number of officers required by this Act, it shall be dissolved. (2) If, on account of the illness of the judge advocate or of the accused before the finding, it is impossible to continue the trial, a court-martial shall be dissolved. (3) The officer who convened a court-martial may dissolve such court-martial if it appears to him that military exigencies or the necessities of discipline render it impossible or inexpedient to continue the said court-martial. (4) Where a court-martial is dissolved under this section, the accused may be tried again. **118. Powers of general and summary general courts-martial.—A general or summary general** court-martial shall have power to try any person subject to this Act for any offence punishable therein and to pass any sentence authorised thereby. **119. Powers of district courts-martial.—A district court-martial shall have power to try any person** subject to this Act other than an officer or a junior commissioned officer for any offence made punishable therein, and to pass any sentence authorised by this Act other than a sentence of death, transportation, or imprisonment for a term exceeding two years: Provided that a district court-martial shall not sentence a warrant officer to imprisonment. **120. Powers of summary courts-martial.—(1) Subject to the provisions of sub-section (2), a** summary court-martial may try any offence punishable under this Act. (2) When there is no grave reason for immediate action and reference can without detriment to discipline be made to the officer empowered to convene a district court-martial or on active service a summary general court-martial for the trial of the alleged offender, an officer holding a summary court-martial shall not try without such reference any offence punishable under any of the sections 34, 37 and 69, or any offence against the officer holding the court. (3) A summary court-martial may try any person subject to this Act and under the command of the officer holding the court, except an officer, junior commissioned officer or warrant officer. (4) A summary court-martial may pass any sentence which may be passed under this Act, except a sentence of death or transportation, or of imprisonment for a term exceeding the limit specified in sub-section (5). (5) The limit referred to in sub-section (4) shall be one year if the officer holding the summary court-martial is of the rank of lieutenant-colonel and upwards, and three months if such officer is below that rank. 32 ----- **121. Prohibition of second trial.—When any person subject to this Act has been acquitted or** convicted of an offence by a court-martial or by a criminal court, or has been dealt with under any of the sections 80, 83, 84 and 85, he shall not be liable to be tried again for the same offence by a court-martial or dealt with under the said sections. **122. Period of limitation for trial.—(1) Except as provided by sub-section (2), no trial by** court-martial of any person subject to this Act for any offence shall be commenced after the expiration of a period of three years [1][and such period shall commence,— (a) on the date of the offence; or (b) where the commission of the offence was not known to the person aggrieved by the offence or to the authority competent to initiate action, the first day on which such offence comes to the knowledge of such person or authority, whichever is earlier; or (c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the authority competent to initiate action, whichever is earlier.] (2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37. (3) In the computation of the period of time mentioned in sub-section (1), any time spent by such person as a prisoner of war, or in enemy territory, or in evading arrest after the commission of the offence, shall be excluded. (4) No trial for an offence of desertion other than desertion on active service or of fraudulent enrolment shall be commenced if the person in question, not being an officer, has subsequently to the commission of the offence, served continuously in an exemplary manner for not less than three years with any portion of the regular Army. **123. Liability of offender who ceases to be subject to Act.—(1) Where an offence under this Act** had been committed by any person while subject to this Act, and he has ceased to be so subject, he may be taken into and kept in military custody, and tried and punished for such offence as if he continued to be so subject. (2) No such person shall be tried for an offence, unless his trial commences [2][within a period of three years after he had ceased to be subject to this Act; and in computing such period, the time during which such person has avoided arrest by absconding or concealing himself or where the institution of the proceeding in respect of the offence has been stayed by an injunction or order, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded:] Provided that nothing contained in this sub-section shall apply to the trial of any such person for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37 or shall affect the jurisdiction of a criminal court to try any offence triable by such court as well as by a court-martial. (3) When a person subject to this Act is sentenced by a court-martial to transportation or imprisonment, this Act shall apply to him during the term of his sentence, though he is cashiered or dismissed from the regular Army, or has otherwise ceased to be subject to this Act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this Act. (4) When a person subject to this Act is sentenced by a court-martial to death, this Act shall apply to him till the sentence is carried out. 1. Subs. by Act 37 of 1992, s. 9, for certain words. 2. Subs. by s. 10, ibid., for certain words. 33 ----- **124. Place of trial.—Any person subject to this Act who commits any offence against it may be tried** and punished for such offence in any place whatever. **125. Choice between criminal court and court-martial.—When a criminal court and a** court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of the officer commanding the army, army corps, division or independent brigade in which the accused person is serving or such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they should be instituted before a court-martial, to direct that the accused person shall be detained in military custody. **126. Power of criminal court to require delivery of offender.—(1) When a criminal court having** jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 125 at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings pending a reference to the Central Government. (2) In every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted for the determination of the Central Government, whose order upon such reference shall be final. **127.** [Successive trials by a criminal court and court-martial.] _Omitted by the Army_ (Amendment) _Act, 1992 (37 of 1992), s. 11 (w.e.f. 6-9-1992)_ CHAPTER XI PROCEDURE OF COURTS-MARTIAL **128. Presiding officer.—At every general, district or summary general court-martial the senior** member shall be the presiding officer. **129. Judge advocate.—Every general court-martial shall, and every district or summary general** court-martial may, be attended by a judge advocate, who shall be either an officer belonging to the department of the Judge Advocate General, or if no such officer is available, an officer approved of by the Judge Advocate General or any of his deputies. **130. Challenges.—(1) At all trials by general, district or summary general court-martial, as soon as** the court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the court. (2) If the accused objects to any such officer, his objection, and also the reply thereto of the officer objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of the challenged officer decide on the objection. (3) If the objection is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner by another officer subject to the same right of the accused to object. (4) When no challenge is made, or when challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial. **131. Oaths of member, judge advocate and witness.—(1) An oath or affirmation in the prescribed** manner shall be administered to every member of every court-martial and to the judge advocate before the commencement of the trial. (2) Every person giving evidence before a court-martial shall be examined after being duly sworn or affirmed in the prescribed form. 34 ----- (3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years of age and the court-martial is of opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation. **132. Voting by members.—(1) Subject to the provisions of sub-sections (2) and (3), every decision** of a court-martial shall be passed by an absolute majority of votes; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused. (2) No sentence of death shall be passed by a general court-martial without the concurrence of at least two-thirds of the members of the court. (3) No sentence of death shall be passed by a summary general court-martial without the concurrence of all the members. (4) In matters, other than a challenge or the finding or sentence, the presiding officer shall have a casting vote. **133. General rule as to evidence.—The Indian Evidence Act, 1872 (1 of 1872), shall, subject to the** provisions of this Act, apply to all proceedings before a court-martial. **134. Judicial notice.—A court-martial may take judicial notice of any matter within the general** military knowledge of the members. **135. Summoning witnesses.—(1) The convening officer, the presiding officer of a court-martial [1][or** courts of inquiry], the judge advocate or the commanding officer of the accused person may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing. (2) In the case of a witness amenable to military authority, the summons shall be sent to his commanding officer, and such officer shall serve it upon him accordingly. (3) In the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be or reside, and such magistrate shall give effect to the summons as if the witness were required in the court of such magistrate. (4) When a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision. **136. Documents exempted from production.—(1) Nothing in section 135 shall be deemed to affect** the operation of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. (2) If any document in such custody is, in the opinion of any district magistrate, chief presidency magistrate, High Court or Court of Session, wanted for the purpose of any court-martial, such magistrate or Court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such magistrate or Court may direct. (3) If any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause search to be made for and to detain such document pending the orders of any such district magistrate, chief presidency magistrate or High Court or Court of Session. **137. Commissions for examination of witnesses.—(1) Whenever, in the course of a trial by court-** martial, it appears to the Court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such Court may address the Judge Advocate General in order that a commission to take the evidence of such witness may be issued. 1. Ins. by Act 37 of 1992, s.12. 35 ----- (2) The Judge Advocate General may then, if he thinks necessary, issue a commission to any district magistrate or magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness. (3) The magistrate or officer to whom the commission is issued, or, if he is the district magistrate, he or such magistrate of the first class as he appoints in this behalf, shall proceed to the place where the witness is or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under the [1][code of Criminal Procedure, 1973 (2 of 1974),] or any corresponding law in force in [2][ the State of Jammu and Kashmir*.] (4) When the witness resides in a tribal area or in any place outside India, the commission may be issued in the manner specified in [1][Chapter XXII of the Code of Criminal Procedure, 1973 (2 of 1974),] or of any corresponding law in force in [2][the State of Jammu and Kashmir*.] (5) In this and the next succeeding section, the expression “Judge Advocate General” includes a Deputy Judge Advocate General. **138. Examination of a withness on commission.—(1) The prosecutor and the accused person in any** case in which a commission is issued under section 137 may respectively forward any interrogatories in writing which the Court may think relevant to the issue, and the magistrate or officer executing the commission shall examine the witness upon such interrogatories. (2) The prosecutor and the accused person may appear before such magistrate or officer by counsel or, except in the case of an accused person in custody, in person, and may examine, cross-examine and re-examine, as the case may be, the said witness. (3) After a commission issued under section 137 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Judge Advocate General. (4) On receipt of a commission and deposition returned under sub-section (3), the Judge Advocate General shall forward the same to the Court at whose instance the commission was issued or, if such Court has been dissolved, to any other Court convened for the trial of the accused person; and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the Court. (5) In every case in which a commission is issued under section 137, the trial may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. **139. Conviction of offence not charged.—(1) A person charged before a court-martial with** desertion may be found guilty of attempting to desert or of being absent without leave. (2) A person charged before a court-martial with attempting to desert may be found guilty of being absent without leave. (3) A person charged before a court-martial with using criminal force may be found guilty of assault. (4) A person charged before a court-martial with using threatening language may be found guilty of using insubordinate language. (5) A person charged before a court-martial with any one of the offences specified in clauses (a), (b), (c) and (d) of section 52 may be found guilty of any other of these offences with which he might have been charged. 1. Subs. by Act 37 of 1992, s.13, for certain words. 2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “a Part B State”. - Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 36 ----- (6) A person charged before a court-martial with an offence punishable under section 69 may be found guilty of any other offence of which he might have been found guilty if the provisions of the 1[Code of Criminal Procedure, 1973 (2 of 1974)] were applicable. (7) A person charged before a court-martial with any offence under this Act, may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment. (8) A person charged before a court-martial with any offence under this Act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged. **140. Presumption as to signatures.—In any proceeding under this Act, any application, certificate,** warrant, reply or other document purporting to be signed by an officer in the service of the Government shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shown. **141. Enrolment paper.—(1) Any enrolment paper purporting to be signed by an enrolling officer** shall, in proceedings under this Act, be evidence of the person enrolled having given the answers to questions which he is therein represented as having given. (2) The enrolment of such person may be proved by the production of the original or a copy of his enrolment paper purporting to be certified to be a true copy by the officer having the custody of the enrolment paper. **142. Presumption as to certain documents.—(1) A letter, return or other document respecting the** service of any person in, or the cashiering, dismissal or discharge of any person from, any portion of the regular Army, or respecting the circumstance of any person not having served in, or belonged to, any portion of the Forces, if purporting to be signed by or on behalf of the Central Government or [2][the Chief of the Army Staff], or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other document. (2) An Army, Navy or Air Force List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers, junior commissioned officers or warrant officers therein mentioned, and of any appointment held by them and of the corps, battalion or arm or branch of the services to which they belong. (3) Where a record is made in any regimental book in pursuance of this Act or of any rules made thereunder or otherwise in pursuance of military duty, and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated. (4) A copy of any record in any regimental book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record. (5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this Act, or any portion of the regular Army, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commanding officer of that portion of the regular Army, or by the commanding officer of the corps, department or detachment to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated. (6) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of, or has been apprehended by, a police officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed by such police officer and stating the fact, date and place of such surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so stated. 1. Subs. by Act 37 of 1992, s.14, for “Code of Criminal Procedure, 1898”. 2. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”. 37 ----- (7) Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to Government [1][or any of the Government scientific experts, namely, the Chief Inspector of the Explosives, the Director of the Finger Print Bureau, the Director, Haffkeine Institute, Bombay, the Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory and the Serologist to the Government] upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in any proceeding under this Act. **143. Reference by accused to Government officer.—(1) If at any trial for desertion or absence** without leave, overstaying leave or not rejoining when warned for service, the person tried states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the service of the Government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the proceedings until his reply is received. (2) The written reply of any officer so referred to shall, if signed by him be received in evidence and have the same effect as if made on oath before the court. (3) If the court is dissolved before the receipt of such reply, or if the court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial. **144. Evidence of previous convictions and general character.—(1) When any person subject to** this Act has been convicted by a court-martial of any offence, such court-martial may inquire into, and receive and record evidence of any previous convictions of such person, either by a court-martial or by a criminal court, or any previous award of punishment under any of the sections 80, 83, 84 and 85, and may further inquire into and record the general character of such person and such other matters as may be prescribed. (2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, court-martial books or other official records; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (3) At a summary court-martial the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section. **145. Lunacy of accused.—(1) Whenever, in the course of a trial by a court-martial, it appears to the** court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the court shall record a finding accordingly. (2) The presiding officer of the court, or, in the case of a summary court-martial, the officer holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal with its finding under section 162, as the case may be. (3) The confirming officer to whom the case is reported under sub-section (2) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another court-martial for the offence with which he was charged. (4) The authority to whom the finding of a summary court-martial is reported under sub-section (2), and a confirming officer confirming a finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Central Government. (5) On receipt of a report under sub-section (4) the Central Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody. 1. Ins. by Act 37 of 1992, s. 15. 38 ----- **146. Subsequent fitness of lunatic accused for trial.—Where any accused person, having been** found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 145, the officer commanding the army, army corps, division or brigade within the area of whose command the accused is in custody or is detained, or any other officer prescribed in this behalf, may— (a) if such person is in custody under sub-section (4) of section 145, on the report of a medical officer that he is capable of making his defence, or (b) if such person is detained in a jail under sub-section (5) of section 145, on a certificate of the Inspector General of Prisons, and if such person is detained in a lunatic asylum under the said sub-section on a certificate of any two or more of the visitors of such asylum that he is capable of making his defence, take steps to have such person tried by the same or another court-martial for the offence with which he was originally charged or, if the offence is a civil offence, by a criminal court. **147. Transmission to Central Government of orders under section 146.—A copy of every order** made by an officer under section 146 for the trial of the accused shall forthwith be sent to the Central Government. **148. Release of lunatic accused.—Where any person is in custody under sub-section (4) of** section 145 or under detention under sub-section (5) of that section— (a) if such person is in custody under the said sub-section (4), on the report of a medical officer, or (b) if such person is detained under the said sub-section (5), on a certificate from any of the authorities mentioned in clause (b) of section 146 that, in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the Central Government may order that such person be released or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such an asylum. **149. Delivery of lunatic accused to relatives.—Where any relative or friend of any person who is in** custody under sub-section (4) of section 145 or under detention under sub-section (5) of that section desires that he should be delivered to his care and custody, the Central Government may upon application by such relative or friend and on his giving security to the satisfaction of that Government that the person delivered shall be properly taken care of and prevented from doing injury to himself or any other person, and be produced for the inspection of such officer, and at such times and places, as the Central Government may direct, order such person to be delivered to such relative or friend. **150. Order for custody and disposal of property pending trial.—When any property regarding** which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a court-martial during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. **151. Order for disposal of property regarding which offence is committed.—(1) After the** conclusion of a trial before any court-martial, the Court or the officer confirming the finding or sentence of such court-martial, or any authority superior to such officer, or, in the case of a court-martial whose finding or sentence does not require confirmation, the officer commanding the army, army corps, division or brigade within which the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the Court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence. (2) Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority 39 ----- making the same may, whether the trial was held within India or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the [1][Code of Criminal Procedure, 1973 (2 of 1974)], or any corresponding law in force in [2][the State of Jammu and Kashmir*]. (3) In this section the term “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise. **152. Powers of court-martial in relation to proceedings under this Act.—Any trial by a court-** martial under the provisions of this Act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860), and the court-martial shall be deemed to be a Court within the meaning of [3][sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974)]. CHAPTER XII CONFIRMATION AND REVISION **153. Finding and sentence not valid, unless confirmed.—No finding or sentence of a general,** district or summary general, court-martial shall be valid except so far as it may be confirmed as provided by this Act. **154. Power to confirm finding and sentence of general court-martial.—The findings and** sentences of general courts-martial may be confirmed by the Central Government, or by any officer empowered in this behalf by warrant of the Central Government. **155. Power to confirm finding and sentence of district court-martial.—The findings and** sentences of district courts-martial may be confirmed by any officer having power to convene a general court-martial or by any officer empowered in this behalf by warrant of such officer. **156. Limitation of powers of confirming authority.—A warrant issued under section 154 or** section 155 may contain such restrictions, reservations or conditions as the authority issuing it may think fit. **157. Power to confirm finding and sentence of summary general court-martial.—The findings** and sentences of summary general court-martial may be confirmed by the convening officer or if he so directs, by an authority superior to him. **158. Power of confirming authority to mitigate, remit or commute sentences.—(1) Subject to** such restrictions, reservations or conditions as may be contained in any warrant issued under section 154 or section 155 and to the provision of sub-section (2), a confirming authority may, when confirming the sentence of a court-martial, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 71. (2) A sentence of transportation shall not be commuted for a sentence of imprisonment for a term exceeding the term of transportation awarded by the court. **159. Confirming of findings and sentences on board a ship.—When any person subject to this Act** is tried and sentenced by a court-martial while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation. 1. Subs. by Act 37 of 1992, s. 14, for certain words. 2. Subs. by the Adaptation of Laws (No. 3) Order, 1956 for “a Part B State”. 3. Subs. by Act 37 of 1992, s. 16, for certain words. - Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 40 ----- **160. Revision of finding or sentence.—(1) Any finding or sentence of a court-martial which requires** confirmation may be once revised by order of the confirming authority and on such revision, the Court, if so directed by the confirming authority, may take additional evidence. (2) The court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent. (3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the court shall proceed with the revision, provided that, if a general court-martial, it still consists of five officers, or, if a summary general or district court-martial, of three officers. **161. Finding and sentence of a summary court-martial.—(1) Save as otherwise provided in** sub-section (2), the finding and sentence of a summary court-martial shall not require to be confirmed, but may be carried out forthwith. (2) If the officer holding the trial is of less than five years service, he shall not, except on active service, carry into effect any sentence until it has received the approval of an officer commanding not less than a brigade. **162. Transmission of proceedings of summary courts-martial.—The proceedings of every** summary court-martial shall without delay be forwarded to the officer commanding the division or brigade within which the trial was held, or to the prescribed officer; and such officer, or [1][the Chief of the Army Staff], or any officer empowered in this behalf by [1][the Chief of the Army Staff], may, for reasons based on the merits of the case, but not any merely technical grounds, set aside the proceedings or reduce the sentence to any other sentence which the court might have passed. **163. Alteration of finding or sentence in certain cases.—(1) Where a finding of guilty by a** court-martial, which has been confirmed, or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 179 to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a new finding and pass a sentence for the offence specified or involved in such finding: Provided that no such substitution shall be made unless such finding could have been validly made by the court-martial on the charge and unless it appears that the court-martial must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a court-martial which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall, for the purposes of this Act and the rules made thereunder, have effect as if it were a finding or sentence, as the case may be, of a court-martial. **164. Remedy against order, finding or sentence of court-martial.—(1) Any person subject to this** Act who considers himself aggrieved by any order passed by any court-martial may present a petition to the officer or authority empowered to confirm any finding or sentence of such court-martial, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates. (2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of any court-martial which has been confirmed, may present a petition to the Central Government, [1][the Chief of 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief ”. 41 ----- the Army Staff] or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the Central Government, [1][the Chief of the Army Staff] or other officer, as the case may be, may pass such order thereon as it or he thinks fit. **165. Annulment of proceedings.—The Central Government,** [1][the Chief of the Army Staff] or any prescribed officer may annul the proceedings of any court-martial on the ground that they are illegal or unjust. CHAPTER XIII EXECUTION OF SENTENCES **166. Form of sentence of death.—In awarding a sentence of death a court-martial shall, in its** discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to death. **167. Commencement of sentence of transportation or imprisonment.—Whenever any person is** sentenced by a court-martial under this Act to transportation or imprisonment, the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the presiding officer or, in the case of a summary court-martial, by the court. **168. Execution of sentence of transportation.—Whenever any sentence of transportation is passed** under this Act or whenever any sentence of death is commuted to transportation, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the civil prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant. **169. Execution of sentence of imprisonment.—(1) Whenever any sentence of imprisonment is** passed under this Act by a court-martial or whenever any sentence of death or transportation is commuted to imprisonment, the confirming officer or in case of a summary court-martial the officer holding the Court or such other officer as may be prescribed, shall, save as otherwise provided in sub-sections (3) and (4), direct either that the sentence shall be carried out by confinement in a military prison or that it shall be carried out by confinement in a civil prison. (2) When a direction has been made under sub-section (1) the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant. (3) In the case of a sentence of imprisonment for a period not exceeding three months and passed under this Act by a court-martial, the appropriate officer under sub-section (1) may direct that the sentence shall be carried out by confinement in military custody instead of in a civil or military prison. (4) On active service, a sentence of imprisonment may be carried out by confinement in such place as the officer commanding the forces in the field may from time to time appoint. 2[169A. Period of custody undergone by the officer or person to be set off against the **imprisonment.—When a person or officer subject to this Act is sentenced by a court-martial to a term of** imprisonment, not being an imprisonment in default of payment of fine, the period spent by him in civil or military custody during investigation, inquiry or trial of the same case, and before the date of order of such sentence, shall be set off against the term of imprisonment imposed upon him, and the liability of such person or officer to undergo imprisonment on such order of sentence shall be restricted to the remainder, if any, of the term of imprisonment imposed upon him.] **170. Temporary custody of offender.—Where a sentence of transportation or imprisonment is** directed to be undergone in a civil prison the offender may be kept in a military prison or in military custody or in any other fit place, till such time as it is possible to send him to a civil prison. 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief ”. 2. Ins. by Act 37 of 1992, s.17. 42 ----- **171. Execution of sentence of imprisonment in special cases.—Whenever, in the opinion of an** officer commanding an army, army corps, division or independent brigade, any sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out in a military prison or in military custody in accordance with the provisions of section 169 such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place. **172. Conveyance of prisoner from place to place.—A person under sentence of transportation or** imprisonment may during his conveyance from place to place, or when on board ship, aircraft, or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal. **173. Communication of certain orders to prison officers.—Whenever an order is duly made under** this Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil or military prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his staff officer or such other person as may be prescribed to the officer in charge of the prison in which such person is confined. **174. Execution of sentence of fine.—When a sentence of fine is imposed by a court-martial under** section 69 whether the trial was held within India or not, a copy of such sentence, signed and certified by the confirming officer, or where no confirmation is required, by the officer holding the trial may be sent to any magistrate in India, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the [1][Code of Criminal Procedure, 1973(2 of 1974)], or any corresponding law in force in [2][the State of Jammu and Kashmir*] for the levy of fines as if it were a sentence of fine imposed by such magistrate. **175. Establishment and regulation of military prisons.—The Central Government may set apart** any building or part of a building, or any place under its control, as a military prison for the confinement of persons sentenced to imprisonment under this Act. **176. Informality or error in the order or warrant.—Whenever any person is sentenced to** transportation or imprisonment under this Act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall not be deemed to be illegal only by reason of any informality or error in or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into or is confined in any such place, and any such order, warrant or document may be amended accordingly. **177. Power to make rules in respect of prisons and prisoners.—The Central Government may** make rules providing— (a) for the government, management and regulation of military prisons; (b) for the appointment, removal and powers of inspectors, visitors, governors and officers thereof; (c) for the labour of prisoners undergoing confinement therein, and for enabling persons to earn, by special industry and good conduct, a remission of a portion of their sentence; (d) for the safe custody of prisoners and the maintenance of discipline among them and the punishment, by personal correction, restraint or otherwise, of offences committed by prisoners; (e) for the application to military prisons of any of the provisions of the Prisons Act, 1894 (9 of 1894), relating to the duties of officers of prisons and the punishment of persons not being prisoners; 1. Subs. by Act 37 of 1992, s. 14, for “Code of Criminal Procedure, 1898 (5 of 1898)”. 2. Subs. by the Adaptation of Laws (No. 3) order, 1956, for “a Part B State”. - Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 43 ----- (f) for the admission into any prison, at proper times and subject to proper restrictions, of persons with whom prisoners may desire to communicate, and for the consultation by prisoners under trial with their legal advisers without the presence as far as possible of any third party within hearing distance. **178. Restriction of rule making power in regard to corporal punishment.—Rules made under** section 177 shall not authorise corporal punishment to be inflicted for any offence, nor render the imprisonment more severe than it is under the law for the time being in force relating to civil prisons. CHAPTER XIV PARDONS, REMISSIONS AND SUSPENSIONS **179. Pardon and remission.—When any person subject to this Act has been convicted by a** court-martial of any offence, the Central Government or [1][the Chief of the Army Staff] or, in the case of a sentence, which he could have confirmed or which did not require confirmation, the officer commanding the army, army corps, division or independent brigade in which such person at the time of conviction was serving, or the prescribed officer may— (a) either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded; or (b) mitigate the punishment awarded; or (c) commute such punishment for any less punishment or punishments mentioned in this Act: Provided that a sentence of transportation shall not be commuted for a sentence of imprisonment for a term exceeding the term of transportation awarded by the court; or (d) either with or without conditions which the person sentenced accepts, release the person on parole. **180. Cancellation of conditional pardon, release on parole or remission.—(1) If any condition on** which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may cancel the pardon, release or remission, and thereupon the sentence of the court shall be carried into effect as if such pardon, release or remission had not been granted. (2) A person whose sentence of transportation or imprisonment is carried into effect under the provisions of sub-section (1) shall undergo only the unexpired portion of his sentence. **181. Reduction of warrant officer or non-commissioned officer.—When under the provisions of** section 77 a warrant officer or a non-commissioned officer is deemed to be reduced to the ranks, such reduction shall, for the purpose of section 179, be treated as a punishment awarded by a sentence of a court-martial. **182. Suspension of sentence of transportation or imprisonment.—(1) Where a person subject to** this Act is sentenced by a court-martial to transportation or imprisonment, the Central Government, [1][the Chief of the Army Staff] or any officer empowered to convene a general or a summary general court-martial may suspend the sentence whether or not the offender has already been committed to prison or to military custody. (2) The authority or officer specified in sub-section (1) may in the case of an offender so sentenced direct that, until the orders of such authority or officer have been obtained the offender shall not be committed to prison or to military custody. (3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted. 1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”. 44 ----- **183. Orders pending suspension.—(1) Where the sentence referred to in section 182 is imposed by** a court-martial other than a summary court-martial, the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to military custody until the orders of the authority or officer specified in section 182 have been obtained. (2) Where a sentence of imprisonment is imposed by a summary court-martial, the officer holding the trial or the officer authorised to approve of the sentence under sub-section (2) of section 161 may make the direction referred to in sub-section (1). **184. Release on suspension.—Where a sentence is suspended under section 182, the offender shall** forthwith be released from custody. **185. Computation of period of suspension.—Any period during which the sentence is under** suspension shall be reckoned as part of the term of such sentence. **186. Order after suspension.—The authority or officer specified in section 182 may, at any time** while a sentence is suspended, order— (a) that the offender be committed to undergo the unexpired portion of the sentence, or (b) that the sentence be remitted. **187. Reconsideration of case after suspension.—(1) Where a sentence has been suspended, the case** may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or officer specified in section 182, or by any general or other officer not below the rank of field officer duly authorised by the authority or officer specified in section 182. (2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence he shall refer the matter to the authority or officer specified in section 182. **188. Fresh sentence after suspension.—Where an offender, while a sentence on him is suspended** under this Act, is sentenced for any other offence, then— (a) if the further sentence is also suspended under this Act, the two sentences shall run concurrently; (b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or military custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and (c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 186 or section 187, continue to be suspended. **189. Scope of power of suspension.—The powers conferred by sections 182 and 186 shall be in** addition to and not in derogation of the power of mitigation, remission and commutation. **190. Effect of suspension and remission on dismissal.—(1) Where in addition to any other sentence** the punishment of dismissal has been awarded by a court-martial, and such other sentence is suspended under section 182, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 182. (2) If such other sentence is remitted under section 186, the punishment of dismissal shall also be remitted. CHAPTER XV RULES **191. Power to make rules.—(1) The Central Government may make rule for the purpose of carrying** into effect the provisions of this Act. (2) Without prejudice to the generality of the power conferred by sub-section (1), the rules made thereunder may provide for— 45 ----- (a) the removal, retirement, release or discharge from the service of persons subject to this Act; (b) the amount and incidence of fines to be imposed under section 89; 1* - - - (d) the assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such courts; (e) the convening and constituting of courts-martial and the appointment of prosecutors at trials by courts-martial; (f) the adjournment, dissolution and sitting of courts-martial; (g) the procedure to be observed in trials by courts-martial and the appearance of legal practitioners thereat; (h) the confirmation, revision and annulment of, and petitions against, the findings and sentences of courts-martial; (i) the carrying into effect of sentences of courts-martial; (j) the forms of orders to be made under the provisions of this Act relating to courts-martial, transportation and imprisonment; (k) the constitution of authorities to decide for what persons, to what amounts and in what manner, provision should be made for dependants under section 99, and the due carrying out of such decisions; (l) the relative rank of the officers, junior commissioned officers, warrant officers, petty officers and non-commissioned officers of the regular Army, Navy and Air Force when acting together; (m) any other matter directed by this Act to be prescribed. **192. Power to make regulations.—The Central Government may make regulations for all or any of** the purposes of this Act other than those specified in section 191. **193. Publication of rules and regulations in Gazette.—All rules and regulations made under this** Act shall be published in the Official Gazette and, on such publication, shall have effect as if enacted in this Act. 2[193A. Rules and regulations to be laid before Parliament.—Every rule and every regulation made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation or shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.] **194. [Repeals.]** _Rep. by the Repealing and Amending Act, 1957 (36_ _of 1957),_ _s._ 2 _and the First_ _Schedule._ **195-196.** [Chapter XVI.] _Omitted by the Army_ (Amendment) _Act, 1992 (37_ _of 1992),_ _s. 19_ (w.e.f. 6-9-1992). _THE SCHEDULE.—Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and the First_ _Schedule._ 1. Clause (c) omitted by Act 37 of 1992, s. 18. 2. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984). 46 -----

14-Aug-1950

49

The Contingency Fund of India Act, 1950

https://www.indiacode.nic.in/bitstream/123456789/1696/7/a1950-49.pdf

central

# THE CONTINGENCY FUND OF INDIA ACT, 1950 __________ ARRANGEMENT OF SECTIONS ___________ SECTIONS 1. Short title. 2. Establishment of the Contingency Fund of India. 3. Custody of the Contingency Fund and withdrawals therefrom. 4. Power to make rules. 1 ----- # THE CONTINGENCY FUND OF INDIA ACT, 1950 ACT NO. 49 OF 1950[1] [14th August, 1950.] # An Act to provide for the establishment and maintenance of Contingency Fund. BE it enacted by Parliament as follows:— **1. Short title.—This Act may be called the Contingency Fund of India Act, 1950.** **2. Establishment of the Contingency Fund of India.—** [2][(1)] There shall be established a Contingency Fund in the nature of an imprest entitled the Contingency Fund of India, into which shall be paid from and out of the Consolidated Fund of India a sum of [3][fifty crores of rupees:] 4[Provided that during the period beginning on the 28th day of July, 1999 and ending on the 31st day of March, 2000, this section shall have effect subject to the modification that for the words “fifty crores of rupees”, the words “five hundred and fifty crores of rupees” shall be substituted.] 5[(2) On and from the date on which the Finance Bill, 2005 receives the assent of the president, the sum which shall be paid from and out of the Consolidated Fund of India into the Contingency Fund of India under sub-section (1) shall stand enhanced to five hundred crores of rupees.] 6[(3) On and from the date on which the Finance Bill, 2021 receives the assent of the President, the sum which shall be paid from and out of the Consolidated Fund of India into the Contingency Fund of India under sub-section (2) shall stand enhanced to thirty thousand crores of rupees.] **3. Custody of the Contingency Fund and withdrawals therefrom.—The Contingency Fund of** India shall be held on behalf of the President by a Secretary to the Government of India in the Ministry of Finance, and no advances shall be made out of such fund except for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament under appropriations made by law. **4. Power to make rules.—[7][(1)] For the purpose of carrying out the objects of this Act, the** Central Government may, [8][by notification in the Official Gazette,] make rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into and the withdrawal of moneys from, the Contingency Fund of India. 8[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Schedule.; Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Schedule I; and Pondicherry by Reg. 7 of 1963, s. 3 and Schedule I. 2. Section 2 numbered as sub-section (1) by Act 18 of 2005, s. 115 (w.e.f. 13-5-2005). 3. Subs. by Act 81 of 1976, s. 2, for “thirty crores of rupees” (w.e.f. 26-8-1976). 4. Subs. by Act 29 of 1999, s. 2 for “the Provisos” (w.e.f. 17-11-1999). 5. Ins. by Act 18 of 2005, s. 115 (w.e.f. 13-5-2005). 6. Ins. by Act 13 of 2021, s. 127 (w.e.f. 28-3-2021). 7. Section 4 renumbered as sub-section (1) by Act 51 of 1982, s. 2 (w.e.f 20-10-1982). 8. Ins. by s. 2, ibid. (w.e.f 20-10-1982). 2 -----

4-Dec-1950

64

The Road Transport Corporations Act, 1950

https://www.indiacode.nic.in/bitstream/123456789/1541/5/A1950-64.pdf

central

# THE ROAD TRANSPORT CORPORATIONS ACT, 1950 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ROAD TRANSPORT CORPORATIONS 3. Establishment of Road Transport Corporations in the States. 4. Incorporation. 5. Management of Corporation and Board of Directors. 6. Disqualifications for being chosen as, or for being, a Director of a Corporation. 7. Resignation of office by the Chairman or a Director. 8. Removal of Chairman and members from office. 9. Vacancies amongst members or defect in the constitution not to invalidate acts or proceedings of a Corporation. 10. Temporary association of persons with a Board for particular purposes. 11. Meetings of Boards. 12. Power to appoint committees and delegate functions. 13. Authentication of orders and other instruments. 14. Officers and servants of the Corporation. 15. Managing Director, Chief Accounts Officer and Financial Adviser. 16. General disqualification of all officers and servants. 17. Appointment of Advisory Council. CHAPTER IIA SUBSIDIARY CORPORATIONS 17A. Establishment of subsidiary corporations. CHAPTER III POWERS AND DUTIES OF CORPORATION 18. General duty of Corporation. 19. Powers of Corporation. 19A. Disposal of unclaimed articles and property. 19B. Corporation to obtain the approval of the Central Government in certain cases. 20. Extension of the operation of the road transport service of a Corporation to areas within another State. 21. Carriage of mails. ----- CHAPTER IV FINANCE, ACCOUNTS AND AUDIT SECTIONS 22. General principle of Corporation’s finance. 23. Capital of the Corporation. 24. Additional capital of the Corporation. 25. Guarantee by the State Government. 26. Borrowing powers. 27. Fund of the Corporation. 28. Payment of interest and dividend. 29. Provision for depreciation and reserve and other funds. 30. Disposal of net profits. 31. Power of the Corporation to spend. 32. Budget. 33. Accounts and audit. CHAPTER V MISCELLANEOUS 34. Directions by the State Government. 35. Returns and reports. 36. Power to order inquiries. 37. Power to control a part of the undertaking of a Corporation. 38. Power to supersede a Corporation. 39. Liquidation of a Corporation. 40. Compensation for acquisition of road transport undertakings. 41. [Omitted]. 42. Power of entry. 43. Directors, Officers and other employees of a Corporation to be public servants. 44. Power to make rules. 45. Power to make regulations. 45A. Every rule and regulation to be laid before State Legislature. 46. Penalty for breach of rules. 47. Special provisions relating to Bombay. 47A. Special provision for reconstitution or dissolution of certain Corporations. 48. Transitional provision relating to Bombay State Road Transport Corporation. CHAPTER VI SPECIAL PROVISIONS APPLICABLE TO THE UNION TERRITORY OF DELHI 49. Prosecution and cognizance of offences. ----- SECTIONS 50. Appointment of Magistrates. 51. Composition of offences. 52. Limitation of time for prosecution. 53. Power of magistrate to hear cases in absence of accused when summoned to appear. ----- # THE ROAD TRANSPORT CORPORATIONS ACT, 1950 # ACT NO. 64 OF 1950 [4th December, 1950.] # An Act to provide for the incorporation and regulation of Road Transport Corporations. BE it enacted by Parliament as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Road Transport** Corporations Act, 1950. (2) It extends to the whole of India [1]***: 2[Provided that on and from the commencement of the Delhi Road Transport Laws (Amendment) Act, 1971 (71 of 1971), this Act, as amended by the said Act, shall extend to, and be in force in, the Union territory of Delhi:] 3[Provided further that on and from the commencement of the Road Transport Corporations (Amendment) Act, 1982 (63 of 1982), this Act, as amended by the said Act, shall extend to the Union territory of Mizoram.] 4* - - - **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “ancillary service” means any subsidiary service which provides amenities or facilities to persons making use of any road transport service of a Corporation; 5[(aa) “Board” means the Board of Directors of a Corporation;] (b) “Corporation” means a Road Transport Corporation established under section 3; 5[(bb) “Director” means a member of the Board;] (c) “extended area” means any area or route to which the operation of any road transport service of a Corporation has been extended in the manner provided in section 20; (d) “prescribed” means prescribed by rules made under this Act; (e) “road transport service” means a service carrying passengers or goods or both by road in vehicles for hire or reward; (f) “vehicle” means any mechanically propelled vehicle, used or capable of being used for the purpose of road transport, and includes a tram-car, a trolly-vehicle and a trailer; (g) words and expressions used but not defined in this Act and defined in the Motor Vehicles Act, 1939 (4 of 1939), have the meaning assigned to them in that Act; 6* - - - 1. The words “except the Union territory of Delhi” omitted by Act 71 of 1971, s. 2 (w.e.f. 3-11-1971). 2. The proviso added by s. 2, ibid. (w.e.f. 3-11-1971). 3. Ins. by Act 63 of 1982, s. 2 (w.e.f. 13-11-1982). 4. Omitted by Act 71 of 1971, s. 7(a) and the First Schedule (w.e.f. 3-11-1971). 5. Ins. by Act 63 of 1982, s. 16 and the Schedule (w.e.f. 13-11-1982). 6. Omitted by A.O. (No. 3), 1956. ----- CHAPTER II ROAD TRANSPORT CORPORATIONS **3. Establishment of Road Transport Corporations in the States.—The State Government having** regard to— (a) the advantages offered to the public, trade and industry by the development of road transport; (b) the desirability of co-ordinating any form of road transport with any other form of transport; (c) the desirability of extending and improving the facilities for road transport in any area and of providing an efficient and economical system of road transport service therein, may, by notification in the Official Gazette, establish a Road Transport Corporation for [1][the whole or any part of the Union territory of Delhi] under such name as may be specified in the notification. **4. Incorporation.—Every Corporation shall be a body corporate by the name notified under section 3** having perpetual succession and a common seal, and shall by the said name sue and be sued. 2[5. Management of Corporation and Board of Directors.—(1) The general superintendence, direction and management of the affairs and business of a Corporation shall vest in a Board of Directors which, with the assistance of its committees and Managing Director, may exercise all such powers and do all such acts and things as may be exercised or done by the Corporation. (2) The Board shall consist of a Chairman and such other Directors, being not less than five and not more than seventeen, as the State Government may think fit to appoint. (3) The State Government may, if it so thinks fit appoint one of the other Directors as the Vice-Chairman of the Board. (4) Rules made under this Act shall provide for the representation, both of the Central Government and of the State Government concerned, on the Board in such proportion as may be agreed to by both the Government and of appointment by each Government of its own representatives thereto and where the capital of a Corporation is raised by the issue of shares to other parties under sub-section (3) of section 23, provision shall also be made for the representation of such shareholders on the Board and the manner in which the representatives shall be elected by such shareholders. (5) The term of office of and the manner of filling casual vacancies among the Directors shall be such as may be prescribed.] **6. Disqualifications for being chosen as, or for being, a** [3][Director **of a Corporation].—[4][(1)] A** person shall be disqualified for being chosen as, or for being, a [3][Director of a Corporation]— (a) if he is found to be a lunatic or a person of unsound mind; or (b) if he has been adjudged insolvent; or (c) if he has been convicted of an offence involving moral turpitude; or (d) if he has, directly or indirectly, any interest in any subsisting contract made with, or in any work being done for, the Corporation except as a shareholder (other than a director) in an incorporated company, provided that where he is a shareholder he shall disclose to the State Government the nature and extent of shares held by him in such company; or (e) if he has any financial interest in any other road transport undertaking. 1. Subs. by Act 71 of 1971, s. 7(a) and the First Schedule, for “the whole or any part of the State” (w.e.f. 3-9-1971). 2. Subs. by Act 63 of 1982, s. 3, for section 5 (w.e.f. 13-11-1982). 3. Subs. by s. 4, ibid., for “member of a Corporation” (w.e.f. 13-11-1982). 4. Section 6 re-numbered as sub-section (1) thereof by Act 28 of 1959, s. 2 (w.e.f. 1-9-1959). ----- 1[(2) Nothing in clause (d) of sub-section (1) shall be deemed to disqualify the 2[Managing Director] of a Corporation for being chosen as, or for being, a [3][Director] thereof.] 4[(3) Nothing in clause (e) of sub-section (1) shall be deemed to disqualify,— (a) any officer or other employee of the Government for being chosen as, or for being, a Director of a Corporation; (b) any officer or other employee of a Corporation for being chosen as, or for being, a Director of another Corporation.] **7. Resignation of office by the Chairman or a [5][Director].—The Chairman or any other [5][Director]** of a Corporation may resign his office by giving notice in writing to the State Government and, on such resignation being accepted by that Government, shall be deemed to have vacated his office. **8. Removal of Chairman and members from office.—[6][(1)] The State Government may remove** from office the Chairman or any other [7][Director] of the Corporation who— (a) is or becomes subject to any of the disqualifications mentioned in section 6; or (b) without excuse sufficient in the opinion of the State Government is absent for more than four consecutive meetings of the [8][Board]. 9* ***** ***** ***** ***** 10[(2) The State Government may terminate the appointment of any Director after giving him notice for such period (being not less than one month) as may be prescribed: Provided that the appointment of a Director appointed by the Central Government shall not be terminated under this sub-section without the concurrence of that Government.] **9. Vacancies amongst members or defect in the constitution not to invalidate acts or** **proceedings of a Corporation.—No act or proceeding of a [11][Corporation or its Board] shall be invalid** by reason only of the existence of any vacancy [12][in its Board] or any defect in the constitution thereof. **10. Temporary association of persons with a [13][Board] for particular purposes.—(1) A [13][Board]** may associate with itself for any particular purpose in such manner as may be determined by regulations made under this Act any person whose assistance or advice it may desire. (2) A person associated with it by the [13][Board] under sub-section (1) for any purpose shall have a right to take part in the discussions of the [13][Board] relevant to that purpose, but shall not have a right to vote at a meeting of the [13][Board]. **11. Meetings of [14][Board].—(1) A [14][Board] shall meet at such times and places and shall, subject to** the provisions of sub-sections (2) and (3), observe such rules of procedure in regard to transaction of business at its meetings as may be provided by regulations made under this Act: Provided that the [14][Board] shall meet at least once in every three months. 1. Ins. by Act 28 of 1959, s. 2 (w.e.f. 1-9-1959). 2. Subs. by Act 63 of 1982, s. 4, for “Chief Executive Officer or General Manager” (w.e.f. 13-11-1982). 3. Subs. by s. 4, ibid., for “member” (w.e.f. 13-11-1982). 4. Ins. by s. 4, ibid. (w.e.f. 13-11-1982). 5. Subs. by s. 16 and the Schedule, ibid., for “member” (w.e.f. 13-11-1982). 6. Section 8 re-numbered as sub-section (1) thereof by s. 5, ibid. (w.e.f 13-11-1982) 7. Subs. by s. 5, ibid., for “member” (w.e.f. 13-11-1982). 8. Subs. by s. 5, ibid., for “Corporation” (w.e.f. 13-11-1982). 9. Omitted by Act 71 of 1971, s. 7(a) and the First Schedule (w.e.f. 3-9-1971). 10. Ins. by Act 63 of 1982, s. 5 (w.e.f. 13-11-1982). 11. Subs. by s. 16 and the Schedule, ibid., for “Corporation” (w.e.f. 13-11-1982). 12. Subs. by s. 16 and the Schedule, ibid., for “amongst its members” (w.e.f. 13-11-1982). 13. Subs. by s. 16 and the Schedule, ibid., for “Corporation” (w.e.f. 13-11-1982). 14. Subs. by s. 16 and the Schedule, ibid., for “Corporation” (w.e.f. 13-11-1982). ----- (2) The person to preside at a meeting of a [1][Board] shall be the Chairman thereof, or in his absence from any meeting, the Vice-Chairman, if any, or in the absence of both the Chairman and the Vice-Chairman, [2][such Director as may be chosen by the Directors present] from among themselves to preside. (3) All questions at a meeting of a [1][Board] shall be decided by a majority of votes of the members present, and in the case of equality of votes, the Chairman or, in his absence, any other person presiding shall have a second or casting vote. **12. Power to appoint committees and delegate functions.—[3][(1)] A [4][Board] may, from time to** time by resolution passed at a meeting— (a) appoint committees [5][consisting of Directors] for performing such functions as may be specified in the resolution; (b) delegate to any such committee or to the [6][Chairman, Vice-Chairman, Chief Executive Officer, the General Manager, the Deputy General Manager or the Chief Accounts Officer of the Corporation] subject to such conditions and limitations, if any, as may be specified in the resolution, such of its powers and duties as it may think fit; (c) authorised the [7][Managing Director] [8][or any other officer of the Corporation] subject to such conditions and limitations, if any, as may be specified in the resolution to exercise such powers and perform such duties as it may deem necessary for the efficient day-to-day administration of its business. 9[(2) The Chairman, Vice-Chairman or Managing Director may delegate any of his powers and duties [including powers and duties delegated to him under sub-section (1)] to any officer of the Corporation, and the officer to whom such powers and duties are delegated, shall exercise and perform such powers and duties under the control and supervision of the Managing Director.] 10[13. Authentication of orders and other instruments.—All orders and decisions of the Board shall be authenticated by the signature of the Secretary or by any such other officer of the Corporation as may be authorised in this behalf by the Board or under the regulations made under section 45 and all other instruments issued by a Board shall be authenticated by the signature of the Managing Director or any other officer of the Corporation authorised in like manner in this behalf.] **14.** **Officers and servants of the Corporation.—[11][(1) Every Corporation shall have a Managing** Director, a Chief Accounts Officer and a Financial Adviser, appointed by the State Government: Provided that the same person may be appointed as the Chief Accounts Officer and the Financial Adviser.] (2) A Corporation may appoint [12][a Secretary and such other officers and employees] as it considers necessary for the efficient performance of its functions. 1. Subs. by Act 63 of 1982, s. 16 and the Schedule, for “Corporation” (w.e.f. 13-11-1982). 2. Subs. by s. 16 and the Schedule, ibid., for “such member as may be chosen by the members present” (w.e.f. 13-11-1982). 3. Section 12 re-numbered as sub-section (1) thereof by s. 6, ibid. (w.e.f 13-11-1982). 4. Subs. by s. 6, ibid., for “Corporation” (w.e.f. 13-11-1982). 5. Subs. by s. 6, ibid., for “of its members” (w.e.f. 13-11-1982). 6. Subs. by Act 71 of 1971, s. 7(a) and the First Schedule, for “Chairman or Vice-Chairman” (w.e.f. 3-9-1971). 7. Subs. by Act 63 of 1982, s. 6, for “Chief Executive Officer or General Manager” (w.e.f. 13-11-1982). 8. Ins. by Act 28 of 1959, s. 3 (w.e.f. 1-9-1959) 9. Ins. by Act 63 of 1982, s. 6 (w.e.f. 13-11-1982). 10. Subs. by s. 7, ibid., for s. 13 (w.e.f. 13-11-1982). 11. Subs. by s. 8, ibid., for sub-section (1) (w.e.f. 13-11-1982). 12. Subs. by s. 8, ibid., for “such other officers and servants” (w.e.f. 13-11-1982). ----- 1[(3) The conditions of appointment and service and the scales of pay of the officers and employees of a Corporation shall— (a) as respects the Managing Director, the Chief Accounts Officer and the Financial Adviser, or, as the case may be, the Chief Accounts Officer-cum-Financial Adviser, be such, as may be prescribed, and (b) as respects the other officers and employees, be such, as may, subject to the provisions of section 34, be determined by regulations made under this Act.] 2[15. Managing Director, Chief Accounts Officer and Financial Adviser.—(1) The Managing Director shall be the executive head of the Corporation and all other officers and employees of the Corporation shall be subordinate to him. (2) The Managing Director shall obtain the views of the Chief Accounts Officer and the Financial Adviser or, as the case may be, the Chief Accounts Officer-cum-Financial Adviser, on every proposal involving revenues, or expenditure from the fund, of the Corporation and shall cause such views to be placed before the Board prior to the consideration of such proposal by the Board.] **16. General disqualification of all officers and servants.—No person who has directly or** indirectly, by himself or his partner or agent, any share or interest in any contract, by or on behalf of a Corporation, or in any other road transport undertaking shall become or remain an [3][officer or other employee] of the Corporation. **17. Appointment of Advisory Council.—The State Government may, after ascertaining the views of** the Corporation, by notification in the Official Gazette, constitute one or more Advisory Councils consisting of such number of persons, on such terms, and for the purpose of advising the Corporation on such matters, as may be specified in that notification. 4[CHAPTER IIA SUBSIDIARY CORPORATIONS **17A. Establishment of subsidiary corporations.—(1) Where a Corporation (here after in this** section referred to as the parent Corporation) is satisfied that it is expedient or necessary so to do for the more efficient discharge of its functions under this Act, it may, with the concurrence of the State Government and the Central Government, frame by notification in the Official Gazette a scheme or schemes providing for the establishment of one or more subsidiary corporations. (2) A scheme framed under sub-section (1) shall specify the subsidiary corporation or corporations which shall become established thereunder, the date or dates with effect from which they shall be so established, the powers and functions of the parent Corporation which such subsidiary corporation or corporations may exercise and discharge, the conditions and limitations subject to which such powers may be exercised, the management of the affairs of each such subsidiary corporation by a Board of Directors, the capital of each such subsidiary corporation and all other matters relating to such subsidiary corporations corresponding to the various matters for which provisions have been made in this Act with respect to the parent Corporation: Provided that— (a) no subsidiary corporation shall start operation on any new route without the previous approval of the parent Corporation; (b) the representatives of the Central Government on the Board of Directors of a subsidiary corporation shall be in proportion to its contribution to the capital of the parent Corporation; 1. Subs. by Act 63 of 1982, s. 8, for sub-section (3) (w.e.f. 13-11-1982). 2. Subs. by s. 9, ibid., for section 15 (w.e.f. 13-11-1982). 3. Subs. by s. 16 and the Schedule, ibid., for “officer or servant” (w.e.f. 13-11-1982). 4. Ins. by s. 10, ibid. (w.e.f. 13-11-1982). ----- (c) the liability of the Central Government to provide contribution to the capital of the subsidiary corporation or to the parent Corporation shall not be increased without the approval of the Central Government; (d) a subsidiary corporation shall have a Managing Director, a Chief Accounts Officer and a Financial Adviser or a Chief Accounts Officer-cum-Financial Adviser, and such officers shall be appointed by the State Government; (e) the State Government and the parent Corporation shall have power to give directions to a subsidiary corporation in respect of any matter, including directions relating to recruitment, conditions of service and training of the employees of the subsidiary corporation, wages to be paid to such employees, reserves to be maintained by the subsidiary corporation; (f) the capital budget, the revenue budget and the annual development plans of a subsidiary corporation shall be submitted for approval to the parent Corporation and where such budget or plan involves any deficit, also to the State Government. (3) Every subsidiary corporation established under a scheme framed under sub-section (1) shall be a body corporate, by the name specified in the scheme having perpetual succession and a common seal and shall by the said name sue and be sued.] CHAPTER III POWERS AND DUTIES OF CORPORATION **18. General duty of Corporation.—It shall be the general duty of a Corporation so to exercise its** powers as progressively to provide or secure or promote the provision of, an efficient, adequate, economical and properly co-ordinated system of road transport services in the [1][Union territory of Delhi or part thereof] for which it is established and in any extended area: Provided that nothing in this section shall be construed as imposing on a Corporation, either directly or indirectly, any form of duty or liability enforceable by proceedings before any Court or Tribunal to which it would not otherwise be subject. **19. Powers of Corporation.—(1) Subject to the provisions of this Act, a Corporation shall have** power— (a) to operate road transport services in the [2][Union territory of Delhi] and in any extended area; (b) to provide for any ancillary service; (c) to provide for its employees suitable conditions of service including fair wages, establishment of provident fund, living accommodation, places for rest and recreation and other amenities; 3[(d) to authorise the issue of passes to its employees and other persons either free of cost or at concessional rates and on such conditions as it may deem fit to impose; (e) to authorise the grant of refund in respect of unused tickets and concessional passes.] (2) Subject to the provisions of this Act, the powers conferred by sub-section (1) shall include power— (a) to manufacture, purchase, maintain and repair rolling stock, vehicles, appliances, plant, equipment or any other thing required for the purpose of any of the activities of the Corporation referred to in sub-section (1). _Explanation.—In this clause, the expression “manufacture” does not include the construction of_ the complete unit of a motor vehicle except for purposes of experiment or research; 1. Subs. by Act 71 of 1971, s. 7(a) and the First Schedule, for “State or part of the State” (w.e.f. 3-9-1971). 2. Subs. by s. 7(a) and the First Schedule, ibid., for “State” (w.e.f. 3-9-1971). 3. Ins. by Act 28 of 1959, s. 4 (w.e.f. 1-9-1959) ----- (b) to acquire and hold such property, both movable and immovable, as the Corporation may deem necessary for the purpose of any of the said activities, and to lease, sell or otherwise transfer any property held by it; (c) to prepare schemes for the acquisition of, and to acquire, either by agreement or compulsorily in accordance with the law of acquisition for the time being in force in the [1][Union territory of Delhi] and with such procedure as may be prescribed, whether absolutely or for any period, the whole or any part of any undertaking of any other person to the extent to which the activities thereof consist of the operation of road transport services in [2][that Union territory] or in any extended area; (d) to purchase by agreement or to take on lease or under any form of tenancy any land and to erect thereon such buildings as may be necessary for the purpose of carrying on its undertaking; (e) to authorise the disposal of scrap vehicles, old tyres, used oils, [3][any other stores of scrap value, or such other stores as may be declared to be obsolete in the prescribed manner]. (f) to enter into and perform all such contracts as may be necessary for the performance of its duties and the exercise of its powers under the Act; (g) to purchase vehicles of such type as may be suitable for use in the road transport services operated by the Corporation; (h) to purchase or otherwise secure by agreement vehicles, garages, sheds, office buildings, depots, land, workshops, equipment, tools, accessories to and spare parts for vehicles, or any other article owned or possessed by the owner of any other undertaking for use thereof by the Corporation for the purposes of its undertaking; (i) to do anything for the purpose of advancing the skill of persons employed by the Corporation or the efficiency of the equipment of the Corporation or of the manner in which that equipment is operated, including the provision by the Corporation, and the assistance by the Corporation to others for the provision of facilities for training, education and research; (j) to enter into and carry out agreements with any person carrying on business as a carrier of passengers or goods providing for the carriage of passengers or goods on behalf of the Corporation by that other person at a through fare or freight. (k) to provide facilities for the consignment, storage and delivery of goods; (l) to enter into contracts for exhibition of posters and advertising boards on and in the vehicles and premises of the Corporation and also for advertisement on tickets and other forms issued by the Corporation to the public; (m) with the prior approval of the State Government to do all other things to facilitate the proper carrying on of the business of the Corporation. 4[(n) to determine with the previous approval of the State Government, and in case of a road transport service operated in any extended area, also with the previous approval of the Government of the State within which such extended area is situated, fares and freights for the carriage of passengers and goods in any road transport service provided by the Corporation.] (3) Nothing in this section shall be construed as authorising a Corporation, except with the previous approval of the State Government— (i) to manufacture or maintain anything which is not required directly or indirectly for use for the purpose of the undertaking of the Corporation or to repair, store, or provide any service for, any vehicle which does not belong to the Corporation or is not used directly or indirectly for the purpose of its undertaking; 1. Subs. by Act 71 of 1971, s. 7(a) and the First Schedule, for “State concerned” (w.e.f. 3-9-1971). 2. Subs. by s. 7(a) and the First Schedule, ibid., for “that State” (w.e.f. 3-9-1971). 3. Subs. by Act 63 of 1982, s. 11, for “or any other stores of scrap value” (w.e.f. 13-11-1982). 4. Ins. by Act 71 of 1971, s. 7(a) and the First Schedule (w.e.f. 13-11-1971). ----- (ii) to purchase any vehicle for the purpose of sale to another person; (iii) to sell or supply to any person lubricants, spare parts, or equipment for or accessories to, vehicles; (iv) to let vehicles on hire for the carriage of passengers or goods except as expressly provided by or under this Act. (4) Except as otherwise provided by this Act nothing in the foregoing provisions shall be construed as authorising the Corporation to disregard any law for the time being in force. (5) Where a Corporation acquires the whole or any part of an undertaking of any other person, the Corporation shall, in appointing its [1][officers and other employees], take into consideration the claims of employees employed in that undertaking. (6) The provisions of this section shall not be construed as limiting any power of a Corporation conferred by or under any subsequent provision of this Act. 2[19A. Disposal of unclaimed articles and property.—(1) When any articles or goods have come into the possession of a Corporation for carriage or otherwise and are not claimed by the owner or any other person appearing to the Corporation to be entitled thereto, the Corporation shall, if such owner or other person is known, cause a notice to be served upon him requiring him to remove the articles or goods within seven days of the service of such notice. (2) If such owner or other person is not known or the notice cannot be served upon him or he does not comply with the requisition in the notice, the Corporation may, after the expiration of such period as may be specified by regulations made under this Act, sell the articles or goods by public auction and shall, after deducting from the sale-proceeds expenses for holding the sale or any amount which may be due to the Corporation, credit the surplus sale-proceeds, if any, to the Fund of the Corporation; and the sale-proceeds so credited may be paid on demand to any person who establishes his right thereto in a court of competent jurisdiction or within one year of such sale to the satisfaction of the Corporation. **19B. Corporation to obtain the approval of the Central Government in certain cases.—In the** exercise of any of its powers under this Act, the Corporation shall not incur on any single work, service or scheme or for any other purpose a capital expenditure of more than twenty-five lakhs of rupees except with the previous approval of the Central Government.] **20. Extension of the operation of the road transport service of a Corporation to areas within** **another State.—(1) If a Corporation considers it to be expedient in the public interest to extend the** operation of any of its road transport services to any route or area situated within another State, it may, with the permission of the State Government, negotiate with the Government of the other State regarding the proposed extension. (2) If the Government of the other State approves the proposed extension, the Corporation shall prepare a scheme for the purpose and forward the same to the other Government for its consent, and after such consent has been received, the Corporation may, with the previous approval of the State Government, sanction the scheme. (3) After the scheme has been so sanctioned, it shall be competent for the Corporation to extend the operation of its road transport service to such route or area and when the operation of such service is so extended, the Corporation shall operate the service on that route or in that area subject to the provisions of any law in force in the other State within which such route or area is situated. (4) The Corporation may, from time to time, alter or extend the scheme sanctioned under sub-section (2) by a supplementary scheme prepared and sanctioned in the manner provided in the foregoing provisions of this section. 1. Subs. by Act 63 of 1982, s. 11, for “officers and servants” (w.e.f. 13-11-1982). 2. Ins. by Act 71 of 1971, s. 7(a) and the First Schedule (w.e.f. 3-9-1971). ----- **21. Carriage of mails.—Notwithstanding anything contained in the Motor Vehicles** Act, 1939 (4 of 1939), a Corporation shall, if so required by the Central Government, carry mails at such rates and on such terms and conditions as may be specified in this behalf by [1][that Government]. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT **22. General principle of Corporation’s finance.—It shall be the general principle of a Corporation** that in carrying on its undertaking it shall act on business principles. **23. Capital of the Corporation.—[2][(1) The State Government may provide to a Corporation** established by that Government any capital that may be required by the Corporation for the purpose of carrying on its undertaking or for purposes connected therewith on such terms and conditions, not inconsistent with the provisions of this Act, as that Government may determine.] 3[(2) The Corporation may, whether or not any capital is provided to it under sub-section (1), raise by the issue of shares such capital (hereafter in this section referred to as the “authorised share capital”) as may be authorised in this behalf by the State Government: Provided that where any capital is provided to the Corporation under sub-section (1), no capital may be raised under this sub-section without the previous approval of the Central Government. (2A) Any capital raised under sub-section (2) with the previous approval of the Central Government may be,— (a) in addition to the capital provided to the Corporation under sub-section (1); (b) subscribed to by the Central Government or the State Government, as the case may be, by converting the whole or any part of the capital provided [whether before or after the commencement of the Road Transport Corporations (Amendment) Act, 1982 (63 of 1982)] to the Corporation by that Government under sub-section (1).] (3) The [4][authorised share capital] of the Corporation shall be divided into such number of shares as the State Government may determine; and the number of shares which shall be subscribed by the State Government [5]*** and other parties (including persons whose undertakings have been acquired by the Corporation) shall also be determined by the State Government [5]***. (4) The allotment of shares to other parties mentioned in sub-section (3) shall be made by the Corporation in such manner as may be prescribed. (5) The shares of the Corporation shall not be transferable except in accordance with the rules made under this Act. (6) The Corporation may at any time, with the previous approval of the State Government, redeem the shares issued to the other parties under sub-section (4) in such manner as may be prescribed. **24. Additional capital of the Corporation.—If, after the issue of shares under section 23 a** Corporation requires any further capital, the Corporation may, with the previous sanction of the State Government, raise such additional capital by the issue of new shares and the provisions of sub-sections (2), [6][(2A)], (3), (4), (5) and (6) of the said section shall apply to the issue of such shares. **25. Guarantee by the State Government.—The shares of a Corporation shall be guaranteed by the** State Government as to the payment of the principal and the payment of the annual dividend at such minimum rate as may be fixed by the State Government by notification published in the Official Gazette at the time of issuing the shares. 1. Subs. by Act 71 of 1971, s. 7(a) and the First Schedule, for “the Central Government in consultation with the State Government” (w.e.f. 13-11-1971). 2. Subs. by s. 7 (a) and the First Schedule, ibid., for sub-section (1) (w.e.f. 13-11 3. Subs. by Act 63 of 1982, s. 12, for sub-section (2) (w.e.f. 13-11-1982). 4. Subs. by s. 12, ibid., for “authorised capital” (w.e.f. 13-11-1982). 5. Omitted by Act 71 of 1971, s. 7(a) and the First Schedule (w.e.f. 3-9-1971). 6. Ins. by Act 63 of 1982, s. 16 and the Schedule (w.e.f. 13-11-1982). ----- 1[26. Borrowing powers.—A Corporation may, with the previous approval of the State Government, borrow money for the purpose of raising its working capital or meeting any expenditure of a capital nature in the open market or from a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), or section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), a State Finance Corporation, established under section 3 of the State Financial Corporations Act, 1951 (63 of 1951), the Industrial Finance Corporation of India, established under section 3 of the Industrial Finance Corporation Act, 1948 (15 of 1948), the Industrial Development Bank of India, established under section 3 of the Industrial Development Bank of India Act, 1964 (18 of 1964), the Life Insurance Corporation of India, established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or any other financial institution providing credit which is subject to the control of the Reserve Bank of India.] **27. Fund of the Corporation.—(1) Every Corporation shall have its own fund and all receipts of the** Corporation shall be carried thereto and all payments by the Corporation shall be made therefrom. (2) Except as otherwise directed by the State Government, all moneys belonging to that fund shall be deposited in the Reserve Bank of India or with the agents of the Reserve Bank of India, [2][or with the corresponding new banks constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), or section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980)] or invested in such securities as may be approved by the State Government. **28. Payment of interest and dividend.—(1) Where** [3][the whole or part of the capital of a Corporation] is provided by the Central Government and the State Government under sub-section (1) of section 23, the Corporation shall pay interest on such capital at such rate as may, from time to time, be fixed by the State Government [4]*** and such interest shall be deemed to be a part of the expenditure of the Corporation. (2) Where the Corporation [5][raises the whole or any part of its capital] by issue of shares, it shall pay dividend on such shares at such rate as may, from time to time, be fixed by the Corporation, subject to any general limitations which may have been imposed by the State Government [4]***, and such dividend shall be deemed to be a part of the expenditure of the Corporation. **29. Provision for depreciation and reserve and other funds.—(1) A Corporation shall make such** provisions for depreciation and for reserve and other funds as the State Government may, from time to time, direct. (2) The management of the said funds, the sums to be carried from time to time to the credit thereof and the application of the moneys comprised therein shall be determined by the Corporation: Provided that no fund shall be utilised for any purpose other than that for which it was created without the previous approval of the State Government. **30. Disposal of net profits.—After making provision for payment of interest and dividend under** section 28 and for depreciation, reserve and other funds under section 29, a Corporation may utilise such percentage of its net annual profits as may be specified in this behalf by the State Government for the provision of amenities to the passengers using the road transport services, welfare of labour employed by the Corporation and for such other purposes as may be prescribed with the previous approval of the Central Government, [6][and out of the balance such amount as may, with the previous approval of the State Government [4]***, be specified in this behalf by the Corporation, may be utilised for financing the expansion programmes of the Corporation and the remainder, if any, shall be made over to the State Government for the purpose of road development]. 1. Subs. by Act 63 of 1982, s. 13, for section 26 (we.f. 13-11-1982). 2. Ins. by s. 14, ibid. (w.e.f. 13-11-1982). 3. Subs. by s. 16 and the Schedule, ibid., for “the capital of a Corporation” (w.e.f. 13-11-1982). 4. Omitted by Act 71 of 1971, s. 7(a) and the First Schedule (w.e.f. 3-9-1971). 5. Subs. by Act 63 of 1982, s. 16 and the Schedule, for “raises its capital” (w.e.f. 13-11-1982). 6. Subs. by Act 28 of 1959, s. 6, for “and the balance shall be made over to the State Government for the purpose of road development” (w.e.f. 1-9-1959). ----- **31. Power of the Corporation to spend.—A Corporation shall have power to spend such sums as it** thinks fit on objects authorised under this Act and such sums shall be treated as expenditure payable out of the fund of the Corporation. **32. Budget.—(1) Every Corporation shall, by such date in each year as may be prescribed, prepare** and submit to the State Government for approval a budget for next financial year showing the estimated receipts and expenditure during that financial year in such form as may be prescribed. (2) Subject to the provisions of sub-sections (3) and (4), no sum shall be expended by or on behalf of a Corporation unless the expenditure of the same is covered by a current budget grant approved by the State Government. (3) [1][Subject to such conditions and restrictions as may be specified in this behalf by the State Government, a Corporation may sanction] any re-appropriation within the grant from one head of the expenditure to another or from a provision made for one scheme to that in respect of another, subject to the condition that the aggregate budget grant is not exceeded. (4) A Corporation may, within such limits and subject to such conditions as may be prescribed, incur expenditure in excess of the limit provided in the budget approved by the State Government under any head of expenditure or in connection with any particular scheme. 2[33. Accounts and audit.—(1) The Corporation shall maintain proper accounts and other records and prepare an annual statement of accounts including the profit and loss account and the balance sheet in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of a Corporation shall be audited annually by the Comptroller and Auditor-General of India or his nominee and any expenditure incurred by him in connection with such audit shall be payable by the Corporation to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of a Corporation shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Corporation. (4) The accounts of the Corporation as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the State Government; and that Government shall cause the same to be laid before [3][each House of Parliament].] CHAPTER V MISCELLANEOUS **34. Directions by the State Government.—(1) The State Government may, after consultation with a** Corporation established by such Government, give to the Corporation general instructions to be followed by the Corporation, and such instructions may include directions relating to the recruitment, conditions of service and training of its employees, wages to be paid to the employees, reserves to be maintained by it and disposal of its profits or stocks. (2) In the exercise of its powers and performance of its duties under this Act, the Corporation shall not depart from any general instructions issued under sub-section (1) except with the previous permission of the State Government. 1. Subs. by Act 28 of 1959, s. 7, for “A Corporation may sanction” (w.e.f. 1-9-1959). 2. Subs. by s. 8, ibid., for section 33 (w.e.f. 1-9-1959). 3. Subs. by Act 71 of 1971, s. 7(a) and the First Schedule, for “the Legislature of the State” (w.e.f. 3-9-1971). ----- **35. Returns and reports.—(1) Every Corporation shall furnish to the State Government such returns,** statistics, accounts and other information with respect to its property or activities or in regard to any proposed scheme as the State Government may from time to time require. (2) Without prejudice to the provisions of sub-section (1), a Corporation shall, as soon as possible after the end of each financial year, submit to the [1][State Government] a report on the exercise and performance by it of its powers and duties under this Act during that year and on its policy and programme. 2[(3) The State Government shall cause the annual report referred to in sub-section (2) to be laid before [3][each House of Parliament].] **36. Power to order inquiries.—(1) The State Government, with a view to satisfy itself that the** powers and duties of a Corporation established by that Government are being exercised and performed properly, may, at any time, appoint any person or persons to make inquiries into all or any of the activities of the Corporation and to report to the State Government the result of such inquiries. (2) The Corporation shall give to the person or persons so appointed all facilities for the proper conduct of the inquiries and shall produce before, or furnish to, the person or persons any document, account or information in the possession of the Corporation which such person or persons demand for the purposes of the inquiries. **37. Power to control a part of the undertaking of a Corporation.—(1) If on receipt of the report of** any inquiry held under section 36 or otherwise, the State Government is satisfied that it is necessary so to do in the public interest, the State Government may, by notification in the Official Gazette, authorise any person to take over from the Corporation, and so long as that notification is in force, to administer in accordance with such directions as may be issued from time to time by the State Government such part of the undertaking of the Corporation as may be specified in the notification, and any person so authorised may, for the purpose of so administering the said part of the undertaking exercise all or any of the powers of the Corporation or of any officer of the Corporation under this Act, issue such directions as he thinks fit to the [4][officers or other employees] of the Corporation and employ any outside agency. (2) The State Government may by such notification direct that all charges and expenses incurred by the person so authorised together with such remuneration as the State Government may allow from time to time to such person shall be paid within such time as may be fixed by the State Government from the fund of the Corporation, and if the expenses are not so paid, the State Government may make an order directing the persons having the custody of that fund to pay to the person so authorised such expenses in priority to any other charges against such fund and he shall, so far as the funds to the credit of the Corporation admit, comply with the order of the State Government. 5[(3) Every notification issued under this section together with a report on the circumstances leading to its issue shall be laid before [6][each House of Parliament], as soon as may be, after it is issued.] **38. Power to supersede a Corporation.—(1) If the State Government is of opinion that a** Corporation established by that Government is unable to perform, or has persistently made default in the performance of the duties imposed on it by or under the provisions of this Act or has exceeded or abused its powers, the State Government may, [7]*** by notification in the Official Gazette, supersede the Corporation for such period as may be specified in the notification: Provided that before issuing a notification under this sub-section the State Government shall give a reasonable time to the Corporation to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Corporation. 1. Subs. by Act 71 of 1971, s. 7(a) and the First Schedule, for “Central and the State Governments” (w.e.f. 3-9-1971). 2. Ins. by Act 28 of 1959, s. 9 (w.e.f. 1-9-1959). 3. Subs. by Act 71 of 1971, s. 7(a) and the First Schedule, for “the Legislature of the State” (w.e.f. 3-9-1971). 4. Subs. by Act 63 of 1982, s. 16 and the Schedule, for “officers or servants” (w.e.f. 13-11-1982). 5. Ins. by Act 28 of 1959, s. 10 (w.e.f. 1-19-1959). 6. Subs. by Act 71 of 1971, s. 7(a) and the First Schedule, for “the Legislature of the State” (w.e.f. 3-9-1971). 7. The words “with the previous approval of the Central Government,” omitted by s. 7(a) and the First Schedule, _ibid._ (w.e.f. 3-9-1971). ----- (2) Upon the publication of a notification under sub-section (1) superseding a Corporation— (a) all the [1][Directors] of the Corporation shall, as from the date of supersession, vacate their offices as such [1][Directors]; (b) all the powers and duties which may, by or under the provisions of this Act or of any other law, be exercised or performed by or on behalf of the Corporation shall, during the period of supersession, be exercised and performed by such person or persons as the State Government may direct; (c) all property vested in the Corporation shall, during the period of supersession, vest in the State Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may— (a) extend the period of supersession for such further term as it may consider necessary; or (b) reconstitute the Corporation in the manner provided in section 5. **39. Liquidation of a Corporation.—(1) No provision of any law relating to the winding up of** companies or corporations shall apply to a Corporation, and no Corporation shall be placed in liquidation save by order of the State Government concerned and save in such manner as may be directed by that Government: Provided that no such order shall be made by any State Government except with the previous approval of the Central Government. (2) In the event of a Corporation being placed in liquidation, the assets of the Corporation, after meeting the liabilities, if any, shall be divided among the [2][State Government] and such other parties, if any, as may have subscribed to the capital in proportion to the contribution made by each of them to the total capital of the Corporation. **40. Compensation for acquisition of road transport undertakings.—Whenever a Corporation** acquires under this Act the whole or any part of any undertaking, there shall be paid by the Corporation compensation the amount of which shall be determined in the manner and in accordance with the procedure hereinafter set out, that is to say,— (a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; (b) where no such agreement can be reached, the amount shall be determined by an arbitral Tribunal consisting of one nominee of the Corporation, one nominee of the person to be compensated, and a Chairman to be nominated by the Chief Justice of the [3][High Court of Delhi]; (c) an appeal shall [4][lie to the High Court of Delhi] against the decision of the Tribunal and the 5[order of that High Court] on such appeal shall be final. **41.** [Corporation to be deemed to be a local authority and provision as to third party _risks].—Omitted by the Road Transport Corporations (Amendment)_ _Act, 1959 (28_ _of 1959),_ s. 11 (w.e.f. 1-9-1959). **42. Power of entry.—Whenever it is necessary for a Corporation to carry out any of its works or to** make any survey, examination or investigation, preliminary or incidental to the exercise of powers or the performance of duties by the Corporation under this Act, any [6][officer or other employee] of the Corporation generally or specially empowered by the Corporation may, with the previous permission of 1. Subs. by Act 63 of 1982, s. 16 and the Schedule, for “members” (w.e.f. 13-11-1982). 2. Subs. by Act 71 of 1971, s. 7(a) and the First Schedule, for “Central and the State Government” (w.e.f. 3-9-1971). 3. Subs. by s. 7(a) and the First Schedule, ibid., for “High Court exercising jurisdiction in relation to the State concerned” (w.e.f. 3-9-1971). 4. Subs. by s. 7(a) and the First Schedule, ibid., for “lie to the High Court” (w.e.f. 3-9-1971). 5. Subs. by s. 7(a) and the First Schedule, ibid., for “order of the High Court” (w.e.f. 3-9-1971). 6. Subs. by Act 63 of 1982, s. 16 and the Schedule, for “officer or servant” (w.e.f. 13-11-1982). ----- the District Magistrate, enter upon any land or premises between sunrise and sunset, after giving reasonable notice of the intention to make such entry to the owner or occupier of such land or premises, and at any other time, with the consent in writing of the owner of occupier of such land or premises, for the purpose of the carrying out of such works or the making of such survey, examination or investigation. **43.** [1][Directors], [2][Officers and other employees] of a Corporation to be public servants.—All 1[Directors] of a Corporation, and all 2[officers and other employees] of a Corporation, whether appointed by the State Government or the Corporation, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act or of any other law, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **44. Power to make rules.—(1) The State Government may, by notification in the Official Gazette,** make rules to give effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— 3[(a) the conditions and manner of appointment of Directors of a Corporation, the representation in the Board of the Central and State Governments, and where shares are issued to other parties under sub-section (3) of section 23 of such shareholders and generally all matters relating to the constitution of the Board;] 4[(b) remuneration, allowances or fees paid to the Directors of the Corporation or other persons associated with the Board under section 10;] (c) the term of office of, the manner of filling casual vacancies among [5][Directors] of the Corporation; (d) the number of [5][Directors] necessary to constitute a quorum at a meeting of the [6][Board]; (e) the conditions of appointment and service and the scales of pay of the [7][Managing Director, the Chief Accounts Officer, the Financial Adviser or, as the case may be, the Chief Accounts Officer-cum-Financial Adviser] of the Corporation; (f) the number and term of office of, the allowances to be paid to, the procedure to be followed by, and the manner of filling casual vacancies among, members of an Advisory Council; 8[(ff) the procedure in accordance with which any stores may be declared obsolete under sub-section (2) of section 19;] (g) the manner in which the shares of the Corporation shall be allotted, transferred or redeemed; (h) the manner in which the net profits of the Corporation shall be utilised; (i) the date by which, and the form in which, the budget shall be prepared and submitted in each year under sub-section (1) of section 32; 9[(j) the form in which the annual statement of accounts shall be prepared;] 10* - - - (l) the form in which the returns, statistics or reports shall be submitted under section 35; (m) the procedure to be followed by an arbitral Tribunal under section 40; 1. Subs. by Act 63 of 1982, s. 16 and the Schedule, for “members” (w.e.f. 13-11-1982). 2. Subs. by s. 16 and the Schedule, ibid., for “officers and servants” (w.e.f. 13-11-1982). 3. Subs. by s. 16 and the Schedule, ibid., for clause (a) (w.e.f. 13-11-1982). 4. Subs. by s. 16 and the Schedule, ibid., for clause (b) (w.e.f. 13-11-1982). 5. Subs. by s. 16 and the Schedule, ibid., for “members” (w.e.f. 13-11-1982). 6. Subs. by s. 16 and the Schedule, ibid., for “Corporation” (w.e.f. 13-11-1982). 7. Subs. by s. 16 and the Schedule, ibid., for “Chief Executive Officer or General Manager and the Chief Accounts Officer” (w.e.f. 13-11-1982). 8. Ins. by s. 16 and the Schedule, ibid. (w.e.f. 13-11-1982). 9. Subs. by Act 28 of 1959, s. 12, for clause (j) (w.e.f. 1-9-1959). 10. Omitted by s. 12, ibid. (w.e.f. 1-9-1959). ----- 1[(mm) the service of notices and orders under this Act;] (n) any other matter which has to be, or may be, prescribed. **45. Power to make regulations.—(1) A Corporation may with the previous sanction of** [2][the State Government and by notification in the Official Gazette], make regulations, not inconsistent with this Act and the rules made thereunder, for the administration of the affairs of the Corporation. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the manner in which, and the purposes for which, persons may be associated with the 3[Board] under section 10; (b) the time and place of meetings of the [3][Board] and the procedure to be followed in regard to transaction of business at such meetings; (c) the conditions of appointment and service and the scales of pay of officers and [4][other employees of the Corporation other than the Managing Director, the Chief Accounts Officer and the Financial Adviser or, as the case may be, the Chief Accounts Officer-cum-Financial Adviser]; 5[(d) the issue of passes to the employees of the Corporation and other persons under section 19; (e) the grant of refund in respect of unused tickets and concessional passes under section 19.] 6[(f) the period after the expiration of which unclaimed articles or goods may be sold by public auction; (g) the regulation of the carriage of passengers and goods in the road transport services of the Corporation.] **7[45A. Every rule and regulation to be laid before State Legislature.—Every rule and every** regulation made under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] **46. Penalty for breach of rules.—The State Government may, by rule, provide that the breach of** any rules made by it under section 44 [6][or any regulations made by a Corporation under section 45] shall be punishable with fine which may extend to five hundred rupees, and when the breach is a continuing one, with a further fine not exceeding twenty rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the offence. **47. Special provisions relating to Bombay.—(1) The body known as the Bombay State Road** Transport Corporation and the Board thereof, referred to in the notification of the Government of Bombay, No. 1780/5, dated the 16th November, 1949 (hereinafter referred to as “the existing corporation” and “Board” respectively) shall, notwithstanding any defect in, or invalidity of, the enactment or order under which they were constituted, be deemed for all purposes to have been validly constituted as if all the provisions of the said notification had been included and enacted in this section and this section had been in force continuously on and from the said date, and accordingly— (a) all action by, and all transactions with, the existing Corporation or Board, including any action or transaction by which any property, asset or right was acquired or any liability or obligation, whether by contract or otherwise, was incurred, shall be deemed to have been validly and lawfully taken or done; and 1. Ins. by Act 71 of 1971, s. 7(a) and the First Schedule (w.e.f. 3-9-1971). 2. Subs. by Act 4 of 2005, s. 2 and the Schedule, for “the State Government” (w.e.f. 11-1-2005). 3. Subs. by Act 63 of 1982, s. 16 and the Schedule, for “Corporation” (w.e.f. 13-11-1982). 4. Subs. by s. 16 and the Schedule, ibid., for “servants of the Corporation, other than the Chief Executive Officer or General Manager and the Chief Accounts Officer” ( w.e.f. 13-11-1982). 5. Ins. by Act 28 of 1959, s. 13 (w.e.f. 1-9-1959). 6. Ins. by Act 71 of 1971, s. 7(a) and the First Schedule (w.e.f. 3-9-1971). 7. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005) ----- (b) no suit, prosecution or other legal proceeding shall lie against the Government of Bombay or any member of the Board or any officer or servant of the existing Corporation in respect of any action taken by, or in relation to the setting up of, the existing Corporation or Board merely on the ground of any defect in, or invalidity of, the enactment or order under which the existing Corporation or Board was constituted. (2) On the establishment of a Corporation under section 3 in the State of Bombay (hereinafter referred to as “the new Corporation”),— (a) the existing Corporation and Board shall be deemed to be dissolved and shall cease to function; (b) all property and assets vesting in the existing Corporation shall vest in the new Corporation; (c) all rights, liabilities and obligations of the existing Corporation, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations, respectively, of the new Corporation; and (d) all licences and permits granted to, all contracts made with, and all instruments executed on behalf of, the existing Corporation or Board shall be deemed to have been granted to, made with, or executed on behalf of, the new Corporation and shall have effect accordingly. 1[47A. Special provision for reconstitution or dissolution of certain Corporations.—(1) Where on account of the reorganisation of States under the States Reorganisation Act, 1956 (37 of 1956), [2][or any other enactment relating to reorganisation of States, the whole or any part of a State in respect of which a Corporation was, immediately before the day on which the reorganisation takes place,] functioning and operating, is transferred on that day to another State and by reason of such transfer, it appears to the State Government necessary or expedient that the Corporation should be reconstituted or re-organised in any manner whatsoever or that it should be dissolved, the State Government may frame a scheme for the reconstitution, reorganisation or dissolution of the Corporation including proposals regarding the formation of new Corporations the amalgamation of the Corporation with any other Corporation, body corporate or a commercial undertaking of another State Government, the transfer of the assets, rights and liabilities of the Corporation in whole or in part to any other Corporation, body corporate or a commercial undertaking of another State Government, and the transfer or re-employment of any workmen of the Corporation, and the State Government may forward the scheme to the Central Government for approval. _Explanation.—For the purpose of framing any scheme under this sub-section, “State Government”,—_ 3[(i) in relation to the Bombay State Road Transport Corporation, shall mean the Government of the State of Maharashtra or of Gujarat as formed under the Bombay Reorganisation Act, 1960 (11 of 1960);] (ii) in relation to the PEPSU Road Transport Corporation, shall mean the Government of the State of Punjab, as formed under the provisions of the States Reorganisation Act, 1956 (37 of 1956); 4[(iii) in relation to the Assam State Road Transport Corporation, shall mean the Government of the State of Assam or of Meghalaya as formed under the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971).] (2) On receipt of any such scheme, the Central Government may, after consultation with the State Governments concerned, approve the scheme with or without modifications and for the purpose of giving effect to the approved scheme, the Central Government may, from time to time, make such order in relation thereto as it thinks fit and every order so made shall have effect notwithstanding anything contained in this Act. 1. Ins. by Act 87 of 1956, s. 2 (w.e.f. 28-12-1956). 2. Subs. by Act 11 of 1960, s. 71, for “the whole or any part of a State in respect of which a Corporation was, immediately before the 1st day of November, 1956,” (w.e.f. 25-4-1960). 3. Subs. by s. 71, ibid., for clause (i) (w.e.f. 25-4-1960). 4. Ins. by Act 81 of 1971, s. 73 (w.e.f. 21-1-1972). ----- (3) Any order made under sub-section (2) may provide for all or any of the following matters, namely:— (a) the dissolution of the Corporation, notwithstanding anything contained in section 39; (b) the reconstitution or reorganisation, in any manner whatsoever, of the Corporation including the establishment, where necessary, of more than one Corporation in any State; (c) the amalgamation of two or more Corporations, or of one Corporation with any other body corporate or a commercial undertaking of any other State Government; (d) the extension of the area for which the Corporation is established, or the exclusion of any area therefrom; (e) the transfer, in whole or in part, of the assets, rights and liabilities of the Corporation including the transfer of any licences or permits granted to the Corporation, to any other Corporation, body corporate or a commercial undertaking of any other State Government, and the terms and conditions of such transfer; (f) the transfer or re-employment of any workmen of the Corporation to, or by, any such transferee, and, subject to the provisions of section 111 of the States Reorganisation Act, 1956 (37 of 1956) [1][or any other enactment relating to reorganisation of States], the terms and conditions of service applicable to such workmen after such transfer or re-employment; (g) such incidental, consequential and supplemental matters as may be necessary to give effect to the approved scheme. (4) Where an order is made under this section transferring the assets, rights and liabilities of any Corporation, then, by virtue of that order, such assets, rights and liabilities of the Corporation shall vest in, and be the assets, rights and liabilities of, the transferee.] 1[48. Transitional provision relating to Bombay State Road Transport Corporation.— Notwithstanding anything contained in section 47A, it shall be lawful for the Government of the State of Bombay to frame a scheme under sub-section (1) thereof and forward the same to the Central Government before the 1st day of May, 1960, and in such a case, the power conferred on the Central Government to make an order under sub-section (2) thereof may be exercised before that day but no order so made shall take effect till that day.] 2[CHAPTER VI SPECIAL PROVISIONS APPLICABLE TO THE UNION TERRITORY OF DELHI **49. Prosecution and cognizance of offences.—(1) No court shall proceed to the trial of any offence** made punishable by or under this Act except on the complaint of, or on an information received from, the General Manager of the new Corporation or a person authorised by him by general or special order in this behalf in writing. (2) All offences against this Act or any rule or regulation made thereunder, or any bye-law continued thereunder, whether committed within or without the limits of the Union territory of Delhi, shall be cognizable by a Magistrate. **50. Appointment of Magistrates.—(1) The State Government may appoint one or more magistrates** of the first or second class for the trial of offences against this Act or any rule or regulation made thereunder or any bye-law continued thereunder and may prescribe the time and place at which such magistrate or magistrates shall sit for the despatch of business. (2) Such magistrates and the members of their staff shall be paid such salary, pension, leave and other allowances as may, from time to time, be fixed by the State Government. 1. Ins. by Act 11 of 1960, s. 71 (w.e.f. 25-4-1960). 2 Ins. by Act 71 of 1971, s. 7(a) and the Schedule (w.e.f. 3-9-1971). ----- (3) The new Corporation shall, out of its fund, pay to the State Government the amounts of the salary, pension, leave and other allowances as fixed under sub-section (2) together with all other incidental charges in connection with the establishments of the said magistrates. (4) Such Magistrates shall have jurisdiction over the whole of the Union territory of Delhi. (5) For the purposes of the Code of Criminal Procedure, 1898 (5 of 1898), all magistrates appointed under this section shall be deemed to be magistrates appointed under section 12 of that Code. **51. Composition of offences.—(1) The General Manager of the new Corporation or any officer or** other employee specially empowered by him in this behalf in writing may, either before or after the institution of the proceedings, compound any offence made punishable by, or under this Act. (2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded. **52. Limitation of time for prosecution.—No person shall be liable to punishment for any offence** against this Act or any rule or regulation made thereunder or any bye-law continued thereunder, unless complaint of such offence is made before a Magistrate within six months next after,— (a) the date of the commission of such offence, or (b) the date on which the commission or existence of such offence was first brought to the notice of the complainant. **53. Power of magistrate to hear cases in absence of accused when summoned to appear.—If any** person summoned to appear before a magistrate to answer a charge of an offence against this Act or any rule or regulation made thereunder, or any bye-law continued thereunder, fails to appear at the time and place mentioned in the summons, or on any date to which the hearing of the case is adjourned, the magistrate may hear and determine the case in his absence, if— (a) service of the summons on such person is proved to his satisfaction, and (b) no sufficient cause is shown for the non-appearance of such person. -----

28-Dec-1950

78

The Khaddar (Protection of Name) Act, 1950

https://www.indiacode.nic.in/bitstream/123456789/1386/5/A1950-78.pdf

central

# THE KHADDAR (PROTECTION OF NAME) ACT, 1950 _________ ARRANAGEMENT OF SECTIONS _______ SECTIONS 1. Short title and extent. 2. The words “Khaddar” and “Khadi” to be trade description. 3. [Repealed.] 1 ----- # THE KHADDAR (PROTECTION OF NAME) ACT, 1950 ACT NO. 78 OF 1950 [28th December, 1950.] # An Act to regulate the use of the words “Khaddar” and “Khadi” when applied as a trade description of woven materials. BE it enacted by Parliament as follows:— **1. Short title and extent.—(1) This Act may be called the Khaddar (Protection of Name) Act, 1950.** (2) It extends to the whole of India except the State of Jammu and Kashmir*. **2. The words “Khaddar” and “Khadi” to be trade description.—The words “Khaddar” and** “Khadi”, whether in Hindi or in any other Indian language or in English, when applied to any woven material, shall be deemed to be a trade description within the meaning of the Indian Merchandise Marks Act, 1889 (40 of 1889), indicating that such material is cloth woven on handlooms in India from cotton, silk or woolen yarn hand-spun in India or from a mixture of any two or all of such yarns. **3. [Repealed].—Rep. by the Repealing and Amending Act, 1957 (36 of 1957) s. 2 and** _First_ _Schedule._ _________ *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 2 -----

1-May-1951

25

The Jallianwala Bagh National Memorial Act, 1951

https://www.indiacode.nic.in/bitstream/123456789/2052/1/a1951___25.pdf

central

# THE JALLIANWALA BAGH NATIONAL MEMORIAL ACT, 1951 ________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title. 2. Definitions. 3. Objects of the Trust. 4. Trustees of the Jallianwala Bagh National Memorial. 5. Term of office of nominated Trustees. 6. Property vested in Trustees. 7. Power of Trustees to appoint committee of management. 7A. Power to approve audited accounts. 8. Validity of acts of Trustees not to be questioned by reason of vacancy, etc. 8A. Accounts and audit. 9. Power to make rules. 10. Power of Trustees to make regulations. 10A. Rules and regulations to be laid before Parliament. THE SCHEDULE. 1 ----- # THE JALLIANWALA BAGH NATIONAL MEMORIAL ACT, 1951 ACT NO. 25 OF 1951 [1st May, 1951.] # An Act to provide for the erection and management of a National Memorial to perpetuate the memory of those killed or wounded on the 13th day of April, 1919, in Jallianwala Bagh. BE it enacted by Parliament as follows:— **1. Short title.—This Act may be called the Jallianwala Bagh National Memorial Act, 1951.** **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Memorial” means the Jallianwala Bagh National Memorial to perpetuate the memory of those killed or wounded on the 13th day of April, 1919, on the site known as the Jallianwala Bagh, Amritsar; (b) “Trust” means the Trust for the erection and management of the Memorial. (c) “Trustees” means the Trustees of the Jallianwala Bagh National Memorial. **3. Objects of the Trust.—The objects of the Trust shall be—** (a) to erect and maintain suitable buildings, structures and parks at or near the site of the Jallianwala Bagh in the city of Amritsar, to perpetuate the memory of those who were killed or wounded on the 13th day of April, 1919, on the said site; (b) to acquire lands, buildings and other properties for the purposes of the Trust; and (c) to raise and receive funds for the purposes of the Memorial. **4. Trustees of the Jallianwala Bagh National Memorial.—[1][(1) The Trustees of the Jallianwala** Bagh National Memorial shall be the following, namely:— (a) the Prime Minister —Chairperson, 2* - - - (c) the Minister in-charge of Culture, 3[(d) the Leader of Opposition recognised as such in the House of the People or where there is no such Leader of Opposition, then the Leader of the single largest Opposition Party in that House;] (e) the Governor of the State of Punjab, (f) the Chief Minister of the State of Punjab, and (g) three eminent persons to be nominated by the Central Government.] (2) The Trustees shall be a body corporate with perpetual succession by the name of the “Trustees of the Jallianwala Bagh National Memorial” and a common seal, and in that name shall sue and be sued, and shall 1. Subs. by Act 51 of 2006, s. 2, for sub-section (1) (w.e.f. 21-12-2006). 2. Clause (b) omitted by Act 39 of 2019, s. 2 (w.e.f. 5-12-2019). 3. Subs. by s. 2, ibid., for clause (d) (w.e.f. 5-12-2019). 2 ----- have power acquire and hold property, to enter into contracts and to do all acts necessary for, and consistent with, the purposes of this Act. **1 [5. Term of office of nominated Trustees.—The Trustees nominated under clause (g) of** sub-section (1) of section 4 shall be Trustees for a period of five years, and shall be eligible for renomination.] 2[Provided that the term of office of a Trustee nominated under clause (g) of sub-section (1) of section 4 may be terminated before the expiry of the period of five years by the Central Government]. **6. Property vested in Trustees.—All the property and funds set out in the Schedule to this Act and** all other property, whether movable or immovable which may hereafter be given, bequeathed or otherwise transferred for the purposes of the Memorial or acquired for the said purposes shall vest in the Trustees. **7. Power of Trustees to appoint committee of management.—(1) For the purposes of managing** the affairs of the Trust, the Trustees may, by resolution passed at a meeting, appoint a committee of management, and entrust to it such powers, duties and functions, under such directions and limitations, as may be defined by such resolution. (2) The Trustees may appoint any person as members of the committee of management, whether such person are Trustees or not, and may, from time to time, vary or rescind any resolution passed by it under this section. 3[7A. Power to approve audited accounts.—The Trust shall meet at least once in a year to approve the audited accounts of the Trust and shall transact such other business as may be considered necessary.] **8. Validity of acts of Trustees not to be questioned by reason of vacancy, etc.—No act of the** Trustees shall be deemed to be invalid merely by reason any vacancy in, or any defect in the constitution of, the body of Trustees. **4[8A. Accounts and audit.—(1) The accounts of the Trust shall be audited by the Comptroller and** Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Trust to the Comptroller and Auditor-General. (2) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Trust under this Act shall, have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the Trust. (3) The accounts of the Trust as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Trust and the Central Government shall cause the audit report to be laid, as soon as may be, after it is received, before each House of Parliament.] **9. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules to carry out the objects of this Act. 1. Subs. by Act 51 of 2006, s. 3, for section 5 (w.e.f. 21-12-2006). 2. Ins. by Act 39 of 2019, s. 3 (w.e.f. 5-12-2019). 3. Ins. by Act 51 of 2006, s. 4 (w.e.f. 21-12-2006). 4. Ins. by s. 5, ibid.(w.e.f. 21-12-2006). 3 ----- (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the manner in which funds belonging to the Memorial shall be kept deposited or invested; (b) the mode of authentication of orders for payment of money by the Trustees; (c) the form in which accounts shall be kept by the Trustees and the audit and publication of such accounts; (d) the laying out, erection, improvement, maintenance and management of the Memorial and the care and custody of the properties thereof. (e) the conditions under which the public shall have access to the Memorial or particular parts thereof and the regulation of the conduct of persons entering the precincts of the Memorial; (f) the preservation of, and the prevention of injury to or interference with, any property vested in the Trustees and the prevention of persons from trespassing into any particular part of the Memorial. 1[(2A) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] (3) A rule made under this section made provide that a breach of any rule made under clauses (e) and (f) of sub-section (2) shall be punishable with fine which may extend to one hundred rupees. **10. Power of Trustees to make regulations.—The Trustees may make regulations consistent with** this Act for all or any of the following purposes, namely:— (a) the manner in which meetings of the Trustees shall be convened the quorum for the transaction of any business thereat and the procedure at such meetings; (b) the manner in which a majority decision of the Trustees shall be obtained by circulation to the Trustees of the matter requiring decision; (c) the term of office of members of the committee of management their powers and duties, and the circumstances in which and the conditions subject to which such powers and duties may be exercised; (d) the appointment of such officers and servants as may be necessary for the purposes of the Trust, and their terms and conditions of service. 1. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005). 4 ----- 1[10A. Rules and regulations to be laid before Parliament.—Every rule or regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.] 1. Ins. by Act 51 of 2006, s. 6, for section 10 (w.e.f. 21-12-2006). 5 ----- THE SCHEDULE (See section 6) _[Properties vested in Trustees at commencement of Act]_ PART 1—IMMOVABLE PROPERTIES 1.The piece of land known as the Jallianwala Bagh, Amritsar, measuring 49 kanals 17 marlas, that is to say, 6 [37]/160 acres or thereabouts. 2. Two pieces of land, one measuring 49 [1]/2 by 31 feet or thereabouts and the other 35 by 9 [1]/4 yards on the east and by 8 yards on the west or thereabouts, and conveyed to the then Trustees of the Memorial by a deed of sale, registered on the 20th September, 1920 as No. 5960, Bahi No.1, Volume No.1572, pages 19 to 46 of the office of the Registrar, Amritsar. 3. All the buildings and other structures standing on the lands referred to in items1 and 2 above. PART II—MOVABLE PROPERTIES Item No. Description of investments Amount Rs. A. P. 1. Government of Madras, 3% loan, 1952, No. D.H. 000034 . . . . 25,000 0 0 2. Government of Madras, 3% loan, 1952, No. D.H. 000035 . . . . 25,000 0 0 3. Fixed Deposit in the Central Bank of India Ltd., Amritsar . . . . 1,10,000 0 0 4. Interest accrued on Item 3 upto 14th November, 1950 . . . . 2,750 0 0 5. In current account in the Central Bank of India Ltd., Amritsar . 6,586 1 1 6. Government of Utter Pradesh loan, 1960, purchased through the Punjab National Bank, Amritsar . . . . 49,675 1 4 7. Amount placed in sundries in the Punjab National Bank, Amritsar 4,700 12 8 8. Fixed Deposit in the Bank of Nagpur Ltd., Wardah, under receipt No. 00518 . . . . 1,13,270 5 6 9. Interest Item 8 above . . . . 3,681 4 0 10. Fixed Deposit in the Bank of Nagpur, Ltd., Wardah, under receipt No. 00519 . . . . 40,336 13 0 11. Interest on Item 10 above . . . . 1,310 14 0 12. In current account with Messrs. Bachharaj and Co., Ltd., Bombay 9,573 6 0 13. Cash in hand on 24th November, 1950 . . . . 1,872 9 9 14. Moneys due from Government by way of refund of excess income tax . . . . ________ 6 Amount not known. -----

9-May-1951

29

The Visva-Bharati Act, 1951

https://www.indiacode.nic.in/bitstream/123456789/1652/1/195129.pdf

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# THE VISVA-BHARATI ACT, 1951 ____________ # ARRANGEMENT OF SECTIONS ____________ PRELIMINARY SECTIONS 1. Short title and commencement. 2. Declaration of Visva-Bharati as an institution of national importance. 3. Definitions. THE UNIVERSITY 4. Incorporation. 5. Effect of incorporation of the University in certain cases. 5A.The objects of the University. 5B. Principles to be followed in organising activities of the University. 6. Powers of the University. 7. Territorial jurisdiction of the University. 7A. Maintenance of examination centres outside territorial limits. 8. University to be open to all races, creeds and classes. 9. Teaching at the University. THE PARIDARSAKA (VISITOR) 10. The Paridarsaka (Visitor). THE PRADHANA (RECTOR) 11. The Pradhana (Rector). OFFICERS OF THE UNIVERSITY 12. Officers of the University. 13. The Acharya (Chancellor). 14. The Upacharya (Vice-Chancellor). 15. [Omitted.] 16. The Karma-Sachiva (Registrar). 17. Other officers. AUTHORITIES OF THE UNIVERSITY 18. Authorities of the University. 19. The Samsad (Court). 22. The Karma-Samiti (Executive Council). 24. The Siksha-Samiti (Academic Council). 25. Other authorities of the University. 26. Alumni Association. STATUTES, ORDINANCES AND REGULATIONS 27. Statutes. 28. Statutes, how made. 1 ----- SECTIONS 29. Matters to be provided for in the Ordinances. 30. Power to make Ordinances. 31. Regulations. 32. Residence. ADMISSIOIN AND EXAMINATIONS 33. Admission. 34. Examinations. ANNUAL REPORTS AND ACCOUNTS 35. Annual report. 36. Annual Accounts. SUPPLEMENTARY PROVISIONS 37. Adhyapakas of the University to be appointed under a written contract. 38. Tribunal of Arbitration. 38A. Power to suspend adhyapaka or other member of academic staff. 38B. Authorities by whom order for removal or dismissal or adhyapaka, etc., may be made and the procedure therefor. 39. Pension and provident funds. 40. Filling of casual vacancies. 41. Removal from membership of the University. 42. Disputes as to constitution of any University authority or body. 43. Constitution of committees. 44. Proceedings of the University authorities not invalidated by vacancies. 44A. Protection of action taken in good faith. 44B. Mode of proof of University record. 45. Power to remove difficulties. THE FIRST SCHEDULE. [Repealed]. THE SECOND SCHEDULE. 2 ----- # THE VISVA-BHARATI ACT, 1951 ACT NO. 29 OF 1951 [9th May, 1951.] # An Act to declare the institution known as “Visva-Bharati” to be an institution of national importance and to provide for its functioning as a unitary teaching and residential university. BE it enacted by Parliament as follows:— PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Visva-Bharati Act, 1951.** (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Declaration of Visva-Bharati as an institution of national importance.—Whereas the late** Rabindranath Tagore (Thakur) founded an institution known as Visva-Bharati at Santiniketan in the district of Birbhum in West Bengal the objects of which are such as to make the institution one of national importance, it is hereby declared that the institution known as “Visva-Bharati” aforesaid is an institution of national importance [2][and is as such hereby constituted as a University]. 3[3. Definitions.—In this Act, and in all Statutes made hereunder, unless the context otherwise requires,— (a) “academic staff” means such categories of staff as are designated as academic staff by the statutes; (b) “Acharya (Chancellor)” and “Upacharya (Vice- Chancellor)” mean, respectively, the Acharya (Chancellor) and the Upacharya (Vice-Chancellor) of the University; (c) “adhyapaka” includes a Professor, Reader, Lecturer and any other person engaged in imparting instruction in relation to any learning process and designated as an _adhyapaka by the_ Ordinances; (d) “Alumni Association” means the Association of the Alumni of the University, constituted under the provisions of this Act and the Statutes; (e) “approved institution” means an institution (not being an institution maintained by the University) of higher learning or studies approved by the University; (f) “Bhavana” means an academic institution maintained by the University and named as such; (g) “campus” means a unit established or constituted by the University for imparting instruction or supervising research, or both; (h) “Chatravaso” means a unit of residence, or of corporate life, for the students of the University provided, maintained or recognised by the University; (i) “Department” means a Department of Studies and includes a centre of studies established by, or under, the Statutes; (j) “employee of the University” means any person appointed by the University or any Institution, and includes an employee of a Bhavana; (k) “Institute Board” means a Board constituted by the University for the management of an Institute; (l) “Institution” means an institution maintained by the University; 1. 14[th] May, 1951, vide Notification No. F. 40-5/50-G, 3 dated the 10th May, 1951, Gazette of India, 1951, Part I. sec. 1. 2. Ins. by Act 60 of 1961, s. 2 (w.e.f. 19-12-1961). 3. Subs. by Act 31 of 1984, s. 3, for section 3 (w.e.f. 8-8-1984). 3 ----- (m) “Karma-Samiti (Executive Council)” means the _Karma-Samiti (Executive Council) of the_ University; (n) “Patha-Samiti (Board of Studies)” means a Board constituted by the University for the regulation of studies; (o) “prescribed” means prescribed by the Statutes, Ordinances or Regulations; (p) “Samsad (Court)” means the Samsad (Court) of the University; (q) “Siksha-Samiti (Academic Council)” means the _Siksha-Samiti (Academic council) of the_ University; (r) “Statutes”, “Ordinances” and “Regulations” mean, respectively, such Statutes, Ordinances and Regulations of the University as are for the time being in force; (s) “University” means the institution known as Visva- Bharati and incorporated as a University under this Act.] THE UNIVERSITY **4. Incorporation.—The first Acharya (Chancellor) and Upacharya (Vice-Chancellor) of the** University who shall be the persons appointed in this behalf by the Central Government by notification in the Official Gazette, and the first members of the _Samsad (Court) and all persons, who may hereafter_ become or be appointed as such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate [1][as a unitary, teaching and residential University] by the name of Visva-Bharati, and shall have perpetual succession and a common seal, and shall sue and be sued by that name. **5. Effect of incorporation of the University in certain cases.—On and from the commencement of** this Act,— (i) all references in any enactment to the Society of the name of Visva-Bharati registered on the 16th May, 1922, under the Societies Registration Act, 1860 (21 of 1860), shall be construed as references to the University; 2[(ii) all property, assets, rights and liabilities of the said Society shall be the property, assets, rights and liabilities of the University and any will, deed or other document, whether made or executed before or after the commencement of this Act, which contains or purports to contain any bequest, gift, trust, payment of money or transfer or assignment of any right or property, movable or immovable, in favour of the said Society shall be construed as if the University was therein named instead of the said Society;] (iii) subject to the provisions of this Act, every person employed immediately before the commencement of this Act in the said Society shall hold employment in the University by the same tenure and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held under the said Society, if this Act had not been passed: Provided that if the University decides to alter the terms and conditions of service of any such employee, a fresh contract shall be executed for the purpose, and if the employee is not agreeable to serve under the new terms and conditions, his services may be terminated in accordance with his original contract of employment or, if no provision is made therein in this behalf, on payment to him by way of compensation of an amount equal to his salary for six months. 3[5A. The objects of the University.—(1) The objects of the University shall be to disseminate and advance knowledge and understanding by providing instructional, extension and research facilities and by the example and influence of its corporate life, and the University shall, in organising its activities, have due regard to the following objects for which the Visva-Bharati at Santiniketan was founded by Rabindranath Tagore, as expressed in his own words, namely:— (i) to study the mind of Man in its realisation of different aspects of truth from diverse points of view; 1. Ins. by Act 60 of 1961, s. 4 (w.e.f. 19-12-1961). 2. Subs. by s. 5, ibid., for clause (ii) (w.e.f. 19-12-1961). 3. Ins. by Act 31 of 1984, s. 4 (w.e.f. 8-8-1984). 4 ----- (ii) to bring into more intimate relations with one another, through patient study and research, the different cultures of the East on the basis of their underlying unity; (iii) to approach the West from the standpoint of such a unity of the life and thought of Asia; (iv) to seek to realise in a common fellowship of study the meeting of the East and the West, and thus ultimately to strengthen the fundamental conditions of world peace through the establishment of free communication of ideas between the two hemispheres; and (v) with such ideals in view to provide at Santiniketan aforesaid a Centre of Culture where research into and study of the religion, literature, history, science and art of Hindu, Buddhist, Jain, Islamic, Sikh, Christian and other civilisations may be pursued along with the culture of the West, with that simplicity in externals which is necessary for true spiritual realisation in amity, good fellowship and co-operation between the thinkers and scholars of both Eastern and Western countries, free from all antagonisms of race, nationality, creed or caste and in the name of the One Supreme Being who is Shantam, Shivam, Advaitam. (2) The objects of the University shall also include harmonising the cultures of India, the East and the West by, among other things, the admission of students and appointment of adhyapakas from various regions of India and various countries of the world, and by providing incentives therefor. **5B. Principles to be followed in organising activities of the University.—The University shall, in** organising its activities and the implementation of its academic programmes, have due regard to the pattern of education envisaged by Rabindranath Tagore in his writings.] 1[6. Powers of the University.—The University shall have the following powers, namely:— (1) to provide facilities for studies, instruction, socially useful productive work and community service and research in such branches of learning as may be deemed desirable and found practicable by the University and for the promotion of understanding of cultures between the East and the West and for the advancement of learning and dissemination of knowledge generally; (2) to undertake educational experiments and evolve contents, systems and methods of education for the furtherance of the objects of the University; (3) to make provision for research and advisory services; and for that purpose, to enter into such arrangements with other institutions or bodies as the University may deem necessary; (4) to co-operate, collaborate or associate with any other University, authority or institution of learning in such manner and for such purposes as the University may determine; (5) to approve any institution of higher learning or studies for such purposes as the University may determine, and to withdraw such approval; (6) to establish and maintain such _Bhavanas, Schools of Studies and Research,_ _Chatravasas,_ _Gymnasia and such other institutions as are deemed necessary, from time to time, for the_ development of a healthy corporate life in the University and to abolish any such _Bhavana, School,_ _Chatravasa, Gymnasium or other institution;_ (7) to establish, at any place in India, campuses, special centres, specialised laboratories or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects; (8) to organise the application of class room, library and laboratory learning to problems of the villages as part of the curriculum; 1. Subs. by Act 31 of 1984, s. 5, for section 6 (w.e.f. 8-8-1984). 5 ----- (9) to undertake the promotion of adult education, rural re-construction, co-operative organisations, social welfare, development of cottage industries and all other nation-building activities and works for the benefit of the public; (10) to establish such examination centres and to recognise such certificates as may be necessary to give effect to the provisions of section 7A; (11) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions (on the basis of examinations, evaluation or other modes of testing) on, persons; (12) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes; (13) to determine the standards for admission and the methods of admission to courses of the University, which methods shall include examinations, evaluation and other modes of testing; (14) to supervise the residences of students of the University and to make arrangements for promoting their health and general welfare; (15) to make such special arrangements in respect of women students as the University may consider desirable; (16) to regulate the conduct of students of the University, and to take such disciplinary measures in this regard as may be deemed necessary; (17) to create such teaching and other academic posts as may be required by the University and to appoint persons to such posts; (18) to appoint Visiting Professors, Emeritus Professors, Fellows, Scholars, Resident Artists, Resident Writers or such other persons who may contribute to the achievement of the objects of the University; (19) to appoint or recognise persons as Professors, Readers or Lecturers or otherwise as _adhyapakas of the University;_ (20) to approve persons working in— (a) any institution co-operating, collaborating or associating with the University; or (b) any approved institution, for imparting instruction or supervising research, or both, and to withdraw such approval; (21) to undertake publication of literary, scientific, educational and scholarly works and books on art, aesthetics and other subjects aimed at better understanding of the different cultures of the world and furthering thereby the objectives of the University; (22) to appoint persons working in any other University, institution or organisation as adhyapakas of the University for a specified period; (23) to create administrative, ministerial and other posts in the University and to make appointments thereto; (24) to provide for the terms and conditions of service of employees, whether employed by the University or any institution; (25) to regulate the conduct and duties of the employees of the University; (26) to regulate and enforce discipline among the employees of the University and to take such disciplinary measures in this regard as may be deemed necessary; (27) to make arrangements for promoting the health and general welfare of the employees of the University; (28) to demand and receive payment of fees and other charges; (29) to institute and award fellowships, scholarships, studentships, medals and prizes; 6 ----- (30) to receive benefactions, donations and gifts, and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties, for the purposes of the University; (31) to borrow, with the approval of the Central Government, whether on the security of the property of the University or otherwise, money for the purposes of the University; (32) to establish campuses within the territorial limits of the University specified in the Second Schedule; (33) to admit students of any other University or College whether in India or outside to any examination of the University subject to such conditions as the University may lay down for the purpose; (34) to do all such acts and things as may be necessary or incidental to the exercise of all or any of the powers of the University or as are necessary or conducive to the attainment of all or any of the objects of the University.] **7. Territorial jurisdiction of the University.—Save as otherwise provided in this Act, the powers of** the University conferred by or under this Act shall be restricted to the area specified in the Second Schedule. 1[7A. Maintenance of examination centres outside territorial limits.—Notwithstanding anything contained in section 7, the University may establish and maintain, at any place in India examination centres for home study courses conducted by its Loka Shiksha Samsad (People’s Education Council) and recognise, for such purposes as may be provided in the Ordinances, the certificates awarded by the said Loka Shiksha Samsad (People's Education Council) on the results of examinations conducted by it.] **8. University to be open to all races, creeds and classes.—The University shall be open to all** persons irrespective of sex, nationality, race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, [2][adhyapakas], workers, or in any other connection whatsoever, except in respect of any particular benefaction accepted by the University of which such test is made a condition by the instrument creating such benefaction: Provided that no benefaction shall hereafter be accepted which in the opinion of the authorities of the University involves conditions or obligations opposed to the spirit and object of this section: Provided further that nothing in this section shall be deemed to prevent religious instruction being given in any manner approved of by the authorities concerned to those who have given their consent thereto by [2][adhyapakas] duly and properly authorised for that purpose. **9. Teaching at the University.—All teaching in the University shall be conducted by and in the** name of the University in accordance with the Statutes and Ordinances made in this behalf. THE PARIDARSAKA (VISITOR) **3[10.The Paridarsaka (Visitor).—(1) The President of India shall be the Paridarsaka (Visitor) of the** University. (2) Subject to the provisions of sub-sections (3) and (4), the Paridarsaka (Visitor) shall have the right to cause an inspection to be made, by such person or persons as he may specify, of the University, its buildings, laboratories and equipment, and of any _Bhavana or other Institution, and also of the_ examinations, teaching and other work conducted or done by the University, Bhavana or other Institution; and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University. (3) The Paridarsaka (Visitor) shall give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall, on receipt of such notice, have the right to 1. Ins. by Act 60 of 1961, s. 7 (w.e.f. 19-12-1961). 2. Subs. by Act 31 of 1984, s. 2, for “teachers” (w.e.f. 8-8-1984). 3. Subs. by s. 6, ibid for section 10 (w.e.f. 8-8-1984). 7 ----- make, within thirty days or such other period as the Paridarsaka (Visitor) may determine, from the date of receipt of the notice, such representations to the Paridarsaka (Visitor) as it may consider necessary. (4) After considering the representations, if any, made by the University, the Paridarsaka (Visitor) may cause to be made such inspection or inquiry as is referred to in sub-section (2). (5) Where any inspection or inquiry has been caused to be made by the _Paridarsaka (Visitor), the_ University shall be entitled to appoint a representative who shall have the right to be present and to be heard at such inspection or inquiry. (6) The _Paridarsaka (Visitor) may address the_ _Upacharya (Vice-Chancellor) with reference to the_ results of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the Paridarsaka (Visitor) may be pleased to offer, and on receipt of the address made by the Paridarsaka (Visitor), the Upacharya (Vice-Chancellor) shall communicate forthwith to the Karma_Samiti (Executive Council) the results of the inspection or inquiry and the views of the_ _Paridarsaka_ (Visitor) and the advice tendered by him upon the action to be taken thereon. (7) The _Karma-Samiti (Executive Council) shall communicate through the_ _Upacharya (Vice-_ Chancellor) to the Paridarsaka (Visitor) such action, if any, as it proposes to take or has been taken by it upon the results of such inspection or inquiry. (8) Where the Karma-Samiti (Executive Council) does not, within a reasonable time, take action to the satisfaction of the _Paridarsaka (Visitor), the_ _Paridarsaka (Visitor) may, after considering any_ explanation furnished or representation made by the _Karma-Samiti (Executive Council), issue such_ directions as he may think fit and Karma-Samiti (Executive Council) shall be bound to comply with such directions. (9) Without prejudice to the foregoing provisions of this section, the _Paridarsaka (Visitor may, be_ order in writing, annual any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances: Provided that before making any such order he shall call upon the University to show cause why such an order should not be made and, if any cause is shown within a reasonable time, he shall consider the same. (10) The Paridarsaka (Visitor) shall have such other powers as may be specified in the Statutes.] THE PRADHANA (RECTOR) **11. The Pradhana (Rector).—The Government of West Bengal shall be the Pradhana (Rector) of the** University. OFFICERS OF THE UNIVERSITY 1[12. Officers of the University.—The following shall be the officers of the University, namely:— (1) The Acharya (Chancellor); (2) The Upacharya (Vice-Chancellor); (3) The Director of Studies, Educational Innovations and Rural Reconstruction; (4) The Director of Culture and Cultural Relations; (5) The Director of Physical Education, Sports, National Service and Student Welfare; (6) The Karma-Sachiva (Registrar); (7) The Vitta-Adhikari (Finance Officer); (8) Adhyakshas of Bhavanas; and (9) such other officers as may be declared by the Statutes to be officers of the University.] 1. Subs. by Act 31 of 1984, s. 7, for section 12 (w.e.f. 8-8-1984). 8 ----- **13. The Acharya (Chancellor).—[1][(1) The Acharya (Chancellor) shall, by virtue of his office, be the** Head of the University. (2) The Acharya (Chancellor) shall be appointed by the Paridarsaka (Visitor) from out of a panel of persons prepared and recommended by the Karma-Samiti (Executive Council) under sub-section (2A). (2A) The _Karma-Samiti (Executive Council) shall prepare and recommend a panel of not less than_ three persons each of whom shall be a person of eminence in the academic or public life of the country, and is in the opinion of the Karma-Samiti (Executive Council) a fit and proper person to be appointed as the Acharya (Chancellor) of the University: Provided that if the _Paridarsaka (Visitor) does not approve of any of the persons specified in the_ panel prepared and recommended by the _Karma-Samiti (Executive Council), he may call upon the_ _Karma-Samiti (Executive Council) to prepare a fresh panel of persons._ (2B) The _Acharya (Chancellor) shall hold office for a term of three years and shall be eligible for_ re-appointment: Provided that the Acharya (Chancellor) shall, notwithstanding the expiry of the term of his office, continue to hold such office until his successor is appointed and has entered upon his office.] (3) The Acharya (Chancellor), shall, if present, preside at the Convocation of the University and at meetings of the Samsad (Court) [2][and the Karma Samiti (Executive Council)]. (4) Every proposal for the conferment of an honorary degree shall be subject to the confirmation of the Acharya (Chancellor). (5) The Acharya (Chancellor) shall have such other powers as may be conferred on him by this Act or the Statutes. 3[14. The Upacharya (Vice-Chancellor).—(1) The _Upacharya (Vice- Chancellor) shall be_ appointed by the Paridarsaka (Visitor) in such manner, for such term and on such emoluments and other conditions of service as may be prescribed by the Statutes. (2) The _Upacharya (Vice-Chancellor) shall be the principal executive and academic officer of the_ University, and shall exercise general supervision and control over the academic affairs of the University and all _Bhavanas and other Institutions and give effect to the decisions of all the authorities of the_ University. (3) The Upacharya (Vice-Chancellor) may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter: Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the Paridarsaka (Visitor) whose decision thereon shall be final: Provided further that an employee of the University, who is aggrieved by the action taken by the _Upacharya (Vice-Chancellor) under this sub-section, shall have the right to appeal against such action to_ the _Karma-Samiti (Executive Council) within ninety days from the date on which such action is_ communicated to him and thereupon the _Karma-Samiti (Executive Council) may confirm, modify or_ reverse the action taken by the Upacharya (Vice-Chancellor). (4) The _Upacharya (Vice-Chancellor) shall exercise such other powers and perform such other_ functions as may be prescribed by the Statutes and the Ordinances.] **15.** [The Arthasachiva (Treasurer).]—Omitted by the Visva-Bharati (Amendment) Act, 1984 (31 of 1984), s. 10 (w.e.f. 8-8-1984). 1. Subs. by Act 31 of 1984, s. 8, for sub-sections (1) and (2) (w.e.f. 8-8-1984). 2. Ins. by Act 60 of 1961, s. 8 (w.e.f. 19-12-1961). 3. Subs. by Act 31 of 1984, s. 9, for section 14 (w.e.f. 8-8-1984). 9 ----- 1[16. The Karma-Sachiva (Registrar).—(1) The _Karma-Sachiva (Registrar) shall be appointed in_ such manner, and on such emoluments and other conditions of service, as may be prescribed by the statutes and the Ordinances. (2) The Karma-Sachiva (Registrar) shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other powers and perform such other functions as may be prescribed by the Statutes. **17. Other officers.—(1) All officers of the University, other than the** _Acharya (Chancellor), the_ _Upacharya (Vice-Chancellor) and the Karma-Sachiva (Registrar), shall be appointed in such manner, for_ such term and on such emoluments and other conditions of service as may be prescribed by the Statutes. (2) The powers and functions of the officers appointed under sub-section (1) shall be such as may be prescribed by the Statutes.] AUTHORITIES OF THE UNIVERSITY **18. Authorities of the University.—The following shall be authorities of the University:—** (1) the Samsad (Court); (2) the Karma-Samiti (Executive Council); (3) the Shiksha Samiti (Academic Council); [2]*** 3[(4) The Artha-Samiti (Finance Committee); (5) The Institute Board; and] 4[(6)] such other authorities as may be declared by the Statutes to be authorities of the University. 5[19. The Samsad (Court).—(1) The constitution of the Samsad (Court) and the term or office of its members shall be such as may be prescribed by the Statutes. (2) Subject to the other provisions of this Act, the _Samsad (Court) shall have the following powers_ and functions, namely:— (a) to review, from time to time, the broad policies and programmes of the University, including the maintenance of standards and adherence to the objectives of the University and to suggest measures for the development and improvement of the University which shall be considered by the appropriate authorities of the University; (b) to consider and pass resolutions on the annual report and annual accounts of the University and the report of its auditors on such accounts; (c) to advice the _Paridarsaka (Visitor) in respect of any matter which may be referred to it for_ advice; and (d) to exercise such other powers and perform such other functions as may be prescribed by the Statutes.] 6[22. The Karma-Samiti (Executive Council).—(1) The Karma-Samiti (Executive Council) shall be the principal executive body of the University. (2) The constitution of the Karma-Samiti (Executive Council) and the term of office of its members shall be such as may be prescribed by the Statutes. 1. Subs. by Act 31 of 1984, s. 11, for sections 16 and 17 (w.e.f. 8-8-1984). 2. The word “and” omitted by s. 12, ibid. (w.e.f. 8-8-1984). 3. Ins. by s. 12, ibid. (w.e.f. 8-8-1984). 4. Clause (4) re-numbered as clause (6) by s.12, ibid. (w.e.f. 8-8-1984). 5. Subs. by s. 13, ibid., for sections 19, 20 and 21 (w.e.f. 8-8-1984). 6. Subs. by s. 14, ibid., for sections 22 and 23 (w.e.f. 8-8-1984). 10 ----- (3) The _Karma-Samiti (Executive Council) shall exercise the following powers and perform the_ following functions, namely:— (a) to manage and administer the revenue and property of the University and to conduct all administrative affairs of the University not otherwise provided for in this act or the Statutes; (b) to create teaching and academic posts and to define the duties and conditions of service of Professor, Readers, Lecturers and other adhyapakas and academic staff employed by the University: Provided that before determining the number, qualifications and emoluments of adhyapakas and other academic staff, the _Karma-Samiti (Executive Council) shall consider the recommendations of_ the Siksha-Samiti (Academic Council); (c) to appoint such Professors, readers, Lecturers and other _adhyapakas and academic staff as_ may be necessary on the recommendation of the Selection Committees constituted for the purpose and to fill up temporary vacancies therein; (d) to provide for the appointment of Visiting Professors, Emeritus Professors, Fellows, Scholars, Resident Artists and Resident Writers and to determine the terms and conditions of such appointment; (e) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University, and for that purpose, to appoint such agents as it may think fit; (f) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, shares or securities as it thinks fit, or in the purchase of immovable property in India; (g) to exercise such other powers and perform such other functions as may be conferred or specified by this Act or the Statutes.] **24. The** **_Siksha-Samiti (Academic Council).—(1) The_** _Siksha-Samiti (Academic Council) shall be_ 1[the principal academic body] of the University, and shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the control and general regulation, and be responsible for the maintenance of standards of [2][learning, education, instruction, evaluation and examination] within the University, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes and shall have the right to advise the Karma-Samiti (Executive Council) on all academic matters. (2) The constitution of the Siksha-Samiti (Academic Council) and the terms of office of its members shall be prescribed by the Statutes. 3[25. Other authorities of the University.—The constitution, powers and functions of the _Artha-Samiti (Finance Committee), the Institute Board and of such other authorities as may be declared_ by the Statutes to be authorities of the University shall be such as may be prescribed by the Statutes.] **26. Alumni Association.—The University shall have an** _Alumni Association open to past students_ and past workers of the University, including members of the Asramika Sangha of the former VisvaBharati Society, on such conditions as may be laid down in the Statutes. STATUTES, ORDINANCES AND REGULATIONS 4[27. Statutes.—Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:— (a) the manner of appointment, of the _Upacharya (Vice-Chancellor), the term of his_ appointments, emoluments and other conditions of his service; (b) the powers that may be exercised and the functions that may be performed by the Upacharya (Vice-Chancellor); 1. Subs. by Act 31 of 1984, s. 15, for “the academic body” (w..f. 8-8-1984). 2. Subs. by s. 15, ibid., for “instruction, education and examination” (w.e.f. 8-8-1984). 3. Subs. by s. 16, ibid., for section 25 (w.e.f. 8-8-1984). 4. Subs. by s. 17, ibid., for section 27 (w.e.f. 8-8-1984). 11 ----- (c) the manner of appointment of the _Karma-Sachiva (Registrar), the emoluments and other_ conditions of his service and the powers that may be exercised and the functions that may be performed by him; (d) the manner of appointment of all other officers, the terms of their appointment, emoluments and other conditions of their service and the powers and functions of such officers; (e) the constitution of the Samsad (Court), the term of office of its members and its powers and functions; (f) the constitution of the _Karma-Samiti (Executive Council), the term of office of its members_ and its powers and functions; (g) the constitution of other authorities or bodies of the University, the term of office of their members and their powers and functions; (h) the election and continuance in office of the members the said authorities and bodies, the filling up of vacancies of members and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide; (i) the appointment of _adhyapakas_ and other academic staff and other employees of the University and their emoluments and other conditions of service: Provided that where any person who had held any post and is in receipt of a pension or other form of retirement benefits is appointed as an _adhyapaka of the University or to any other academic post, the_ salary of such person together with the pension and other benefits shall not exceed the salary payable to him in accordance with the Statutes; (j) the appointment of _adhyapakas and other academic staff working in any other University,_ institution or organisation for a specified period for undertaking a joint project; (k) the appointment of Visiting Professors, Emeritus Professors, Fellows, Scholars, Resident Artists and Resident Writers, and terms and conditions of such appointment; (l) the constitution of a pension or provident fund or the establishment of an insurance scheme for the benefit of the employees of the University; (m) the principles governing seniority of service of the employees of the University; (n) the procedure in relation to any appeal or application for review by any employee or student of the University, against the action of any officer or authority of the University, including the time within which such appeal or application for review may be preferred or made; (o) the procedure for the settlement of disputes between employees of the University, or students of the University, and the University; (p) the conferment of honorary degrees; (q) the institution of fellowships, scholarships, studentships, medals and prizes; (r) the maintenance of discipline among the employees and students of the University; (s) the establishment and abolition of Bhavanas, Departments, Chatravasas and other institutions and their management, supervision and inspection; (t) the regulation of the conduct and duties of the employees of the University and the conduct of the students of the University; (u) the establishment of campuses, special centres, specialised laboratories or other units for research and instruction; (v) the administration and regulation of the funds received in trust or otherwise by the University; (w) the delegation of powers vested in the officers or authorities of the University; (x) the constitution and activities of the Alumni Association; 12 ----- (y) the categories of misconduct for which any action may be taken under this Act, or the Statutes or the Ordinances; and (z) all other matters which, by this Act, are to be, or may be, provided for by the Statutes.] **28. Statutes, how made.—[1][(1) On the commencement of the Visva-Bharati (Amendment) Act, 1984** (31 of 1984), the Statutes in force immediately before such commencement, as amended by that Act, shall be the Statutes of the University.] 2[(2) The Statutes may be amended, repealed or added to by Statutes made by the _Karma Samiti_ (Executive Council). (3) The _Karma-Samiti (Executive Council) shall not propose the draft of any Statute affecting the_ status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing the opinion upon the proposal and any opinion so expressed shall be in writing and shall be submitted to the Paridarsaka (Visitor). (4) Every new Statute or addition to a Statute or any amendment or repeal of a Statute shall be submitted to the Paridarsaka (Visitor) who may assent to it or withhold his assent therefrom or remit it to the Karma-Samiti (Executive Council) for further consideration. (5) A Statute passed by the Karma-Samiti (Executive Council) shall have no validity until it has been assented to by the Paridarsaka (Visitor).] 3[29. Matters to be provided for in the Ordinances.—Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:— (a) the admission of students to the University and their enrolment as such; (b) the pattern of learning process, courses of study to be laid down for all degrees, diplomas and certificates of the University; (c) the degrees, diplomas, certificates and other academic distinctions to be awarded by the University, the qualifications for the same and the means to be adopted relating to the granting and obtaining of the same; (d) the purposes for which certificates awarded by the _Lok Siksha-Samsad (People's Education_ Council) of the University may be recognised by the University; (e) the fees to be charged for courses of study in the University and for admission to the examinations, and processes of evaluation, degrees, diplomas and certificates of the University; (f) the conditions of the award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of tests, evaluations and examinations, including the terms of office and manner of appointment and duties of examining bodies, examiners, moderators and persons entrusted with the responsibility of evaluation; (h) the conditions of residence of the students of the University and the special arrangements, if any, for the residence of women students; (i) the special arrangements, if any, which may be made for the discipline and teaching of women students, and prescribing for them special courses of study; (j) the terms and conditions of service of the employees of the University other than those prescribed by the Statutes (including the emoluments of the non-teaching staff): Provided that where any person who had held any post and is in receipt of a pension or other form of retirement benefits is appointed to a non-teaching post of the University, the salary of such person together with the pension and other benefits shall not exceed the salary payable to him in accordance with the Ordinances; 1. Subs. by Act 31 of 1984, s. 18, for sub-section (1) (w.e.f. 8-8-1984). 2. Subs. by Act 57 of 1971, s. 7, for sub-sections (2) to (8) (w.e.f. 3-11-1971). 3. Subs. by Act 31 of 1984, s. 19, for sections 29 and 30 (w.e.f. 8-8-1984). 13 ----- (k) the terms and conditions of approval of institutions of higher learning and its withdrawal; (l) the manner of co-operation or collaboration or association with other Universities, authorities or institutions of learning; (m) the terms and conditions on which persons working in an approved institution, or in any institution co-operating, collaborating or associating with the University, may be approved as _adhyapakas and for withdrawing such approval;_ (n) the educational experimentation and the creation, composition and functioning of any other body which is considered necessary for improving the academic life of the University; and (o) all other matters which, by this Act or the Statutes, are to be, or may be, provided for by the Ordinances. **30. Power to make Ordinances.—(1) The Ordinances in force immediately before the** commencement of the Visva-Bharati (Amendment) Act, 1984 (31 of 1984), may be amended, repealed or added to, at any time by the Karma-Samiti (Executive Council): Provided that no Ordinance shall be made in respect of matters enumerated in section 29, other than those enumerated in clauses (e), (h), (j), (m) and (o) thereof, unless a draft of such Ordinance has been proposed by the Siksha-Samiti (Academic Council). (2) The Karma-Samiti (Executive Council) shall not have power to amend any draft proposed by the _Siksha-Samiti (Academic Council) under the provisions of sub-section (1), but may reject the proposal or_ return the draft to the _Siksha-Samiti (Academic Council) for reconsideration either in whole or in part,_ together with any amendments which the Karma-Samiti (Executive Council) may suggest. (3) Where the Karma-Samiti (Executive Council) has rejected or returned the draft of an Ordinance proposed by the Siksha-Samiti (Academic Council), the Siksha-Samiti (Academic Council) may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than one-half of the total membership of the _Siksha-Samiti (Academic Council) and by a majority of not less than two-_ thirds of the members of the Siksha-Samiti (Academic Council) present and voting, the draft may be sent back to the Karma-Samiti (Executive Council), which shall either adopt it or refer it to the _Paridarsaka_ (Visitor) whose decision thereon shall be final. (4) Every Ordinance made by the _Karma-Samiti (Executive Council) shall come into effect_ immediately. (5) Every Ordinance made by the _Karma-Samiti_ (Executive Council) shall be submitted to the _Paridarsaka (Visitor) within four weeks of the date of the meeting of the_ _Karma-Samiti (Executive_ Council), and the _Paridarsaka (Visitor) shall have the power to direct the University, within six weeks_ from the date of the receipt of the Ordinance, to suspend the operation of any Ordinance and he shall, as soon as possible, inform the _Karma-Samiti (Executive Council) about his objection to the proposed_ Ordinance. (6) The Paridarsaka (Visitor) may, after receiving the comments of the University, either withdraw the order directing the suspension of the Ordinance or disallow the Ordinance and his decision thereon shall be final.] **31. Regulations.—(1) The authorities of the University may make Regulations consistent with this** Act, the Statutes and the Ordinances— (a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum; (b) providing for all matters which by this Act, the Statutes or the Ordinances are to be prescribed by the Regulations; and (c) providing for all other matters solely concerning the authorities or committees appointed by them and not provided for by this Act, the Statutes and the Ordinances. 14 ----- (2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. (3) The _Karma-Samiti (Executive Council) may direct the amendment, in such manner as it may_ specify, of any Regulation made under this section or the amendment of any Regulation made under sub-section (1). 1[(4) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette. (5) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinance or Regulation.] **32. Residence.—Every student of the University** [2][other than a student of its _Lok Siksha Samsad_ (People’s Education Council)] shall reside in a [3][Chatravasa] or under such conditions as may be prescribed by the Statutes and the Ordinances. ADMISSION AND EXAMINATIONS **33. Admission.—Admission of students to the University shall be made in such manner as may be** prescribed by the Ordinances. **34. Examinations.—Subject to the provisions of the Statutes, all arrangements for the conduct of** 4[tests, evaluations and examinations] shall be made by the _Karma-Samiti (Executive Council) in such_ manner as may be prescribed by the Ordinances. ANNUAL REPORTS AND ACCOUNTS 5[35. Annual report.—(1) The annual report of the University shall be prepared under the directions of the Karma-Samiti (Executive Council) which shall include, among other matters, the steps taken by the University to promote socially relevant research in physical and social sciences, weaker sections’ need oriented extension activities and integration of the community life of the University with that of the wider world. (2) The annual report so prepared shall be submitted to the Samsad (Court) on or before such date as may be prescribed by the Statutes and shall be considered by the Samsad (Court) in its annual meeting. (3) The _Samsad (Court) may communicate its comments on the annual report to the_ _Karma-Samiti_ (Executive Council) and the Paridarsaka (Visitor). (4) A copy of the annual report, as prepared under sub-section (1) shall also be submitted to the Central Government which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament. **36. Annual Accounts.—(1) The annual accounts and balance-sheet of the University shall be** prepared under the direction of the Karma-Samiti (Executive Council) and shall once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such person or persons as he may authorise in this behalf. 1. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005). 2. Ins. by Act 60 of 1961, s. 13 (w.e.f. 19-12-1961). 3. Subs. by Act 31 of 1984, s. 20, for “Bhavana (College) or Chartavasa (Hostel)” (w.e.f. 8-8-1984). 4. Subs. by s. 21, ibid., for “examinations” (w.e.f. 8-8-1984). 5. Subs. by s.22, ibid., for sections 35 and 36 (w.e.f. 8-8-1984). 15 ----- (2) A copy of the accounts together with the audit report shall be submitted to the Samsad (Court) and the Paridarsaka (Visitor) along with the observations of the Karma-Samiti (Executive Council). (3) Any observations made by the _Paridarsaka (Visitor) on the annual accounts shall be brought to_ the notice of the _Samsad (Court) and the observations of the_ _Samsad (Court), if any, shall, after being_ considered by the Karma-Samiti (Executive Council), be submitted to the Paridarsaka (Visitor). (4) A copy of the accounts together with the audit report, as submitted to the Paridarsaka (Visitor), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament. (5) The audited annual accounts, after having been laid before both the Houses of Parliament, shall be published in the Gazette of India.] SUPPLEMENTARY PROVISIONS 1[37. Adhyapakas of the University to be appointed under a written contract.—(1) No _adhyapaka of the University shall be appointed to a permanent post, except under a written contract and_ such contract shall not be inconsistent with the provisions of this Act, the Statutes and the Ordinances. (2) The contract referred to in sub-section (1) shall be lodged with the University and a copy thereof shall be furnished to the adhyapaka concerned. (3) In the case of an adhyapaka appointed by the University before the commencement of the Visva Bharati (Amendment) Act, 1984 (31 of 1984), the contract in force immediately before such commencement, in relation to his emoluments, shall, to the extent of any inconsistency with the provisions of this Act or the Statutes or the Ordinances, be deemed to have been modified by the said provisions and where there is no such contract and the adhyapaka is a salaries adhyapaka appointed to a permanent post, a written contract shall be executed by, and between, such adhyapaka and the University within a period of six months from the commencement of the Visva-Bharati (Amendment) Act, 1984. **38. Tribunal of Arbitration.—(1) Any dispute arising out of a contract of employment referred to in** section 37, including a dispute relating to the non-compliance of the provisions of this Act, the Statutes or the Ordinances, shall, at the request of the adhyapaka, be referred to a Tribunal of Arbitration which shall consist of one member nominated by the Karma-Samiti (Executive Council), one member nominated by the _adhyapaka concerned and one member (who shall act as umpire) nominated by the_ _Paridarsaka_ (Visitor). (2) Every request made under sub-section (1) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940 (10 of 1940), and all the provisions of that Act, with the exception of section 2 thereof, shall apply accordingly. (3) If, for any reason, a vacancy occurs in the office of a member of the Tribunal of Arbitration, the appropriate body or person concerned shall nominate another person in accordance with the provisions of sub-section (1) to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled. (4) The decision of the Tribunal of Arbitration shall be final and binding on the parties. (5) The Tribunal of Arbitration shall have the power— (a) to regulate its own procedure; (b) to order reinstatement of the adhyapaka concerned; and (c) to award salary to the adhyapaka concerned, after deducting therefrom such income, not being income from property, as such adhyapaka might have derived during the period of his suspension or during the period intervening between the date on which he was removed or dismissed from service or, as the case may be, his service was terminated, and the date on which he is reinstated: 1. Subs. by Act 31 of 1984, s. 23, for sections 37 and 38 (w.e.f. 8-8-1984). 16 ----- Provided that the income which could have been derived by the _adhyapaka concerned shall not_ be taken into account if, at the time when the income was derived, he could have derived such income had he not been suspended or removed or dismissed from service or if his service had not been terminated. (6) No suit or other proceedings shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the Tribunal of Arbitration. **38A. Power to suspend adhyapaka or other member of academic staff.—(1) The** _Upacharya_ (Vice-Chancellor) may, by order in writing, place and adhyapaka or other member of the academic staff under suspension— (a) where a disciplinary proceeding against such adhyapaka or other member is contemplated or is pending; or (b) where a case against him in respect of any criminal offence is under investigation or trial. (2) Where any order of suspension is made under sub-section (1), the circumstances in which such order has been made shall be reported forthwith to the Karma-Samiti (Executive Council). (3) The _Karma-Samiti (Executive Council) may, within fifteen days from the date of receipt of the_ report referred to in sub-section (2), revoke the order of suspension if it is of opinion that the circumstances of the case do not warrant the suspension. (4) Any person aggrieved by an order of suspension, which has not been revoked under sub-section (3), may prefer an appeal to the _Karma-Samiti (Executive Council) within thirty days from the date on_ which such order is communicated to him and the Karma-Samiti (Executive Council) may confirm modify or reverse the order appealed against. **38B. Authorities by whom order for removal or dismissal of adhyapaka, etc., may be made and** **the procedure therefor.—(1) No adhyapaka, or other member of the academic staff, appointed by the** University shall be dismissed or removed from service or punished in any other manner by any authority other than the Karma-Samiti (Executive Council). (2) No _adhyapaka, or other member of the academic staff, appointed by the University shall be_ dismissed or removed from service or punished in any other manner except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges: Provided that where it is proposed after such inquiry, to impose upon the adhyapaka or other member of the academic staff any punishment, such punishment may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such adhyapaka or other member of the academic staff any opportunity of making representation on the punishment proposed. (3) The _Karma-Samiti (Executive Council) shall be entitled to dismiss or remove from service,_ without holding any such inquiry as is referred to in sub-section (2), an adhyapaka, or other member of the academic staff, of the University, where the _Karma-Samiti (Executive Council), for reasons to be_ recorded in writing, is satisfied that such adhyapaka or other member of the academic staff— (a) is of unsound mind or is a deaf-mute or suffers from contagious leprosy; or (b) is an undischarged insolvent; or (c) has been convicted, by a court of law, of an offence involving moral turpitude. (4) The dismissal or removal from service of, or any other punishment imposed on, an adhyapaka, or other member of the academic staff, appointed by the University shall take effect from the date on which the order of dismissal or removal from service is made or other punishment is imposed: Provided that, where the adhyapaka or other member of the academic staff is under suspension at the time when the order for his dismissal or removal from service is made or other punishment is imposed, such order may, if the Karma-Samiti (Executive Council) so directs, take effect from the date on which he was placed under suspension. 17 ----- (5) Notwithstanding the terms of contract between the University and an adhyapaka, or other member of the academic staff, appointed by the University, such adhyapaka or other member of the academic staff may resign his office— (a) where he is permanent, by giving three months’ notice in writing to the _Karma-Samiti_ (Executive Council) or by paying to the University three months’ salary in lieu of such notice; or (b) where he is not permanent, one month's notice in writing to the _Karma-Samiti (Executive_ Council) or by paying to the University one month's salary in lieu of such notice: Provided that if the _Karma-Samiti (Executive Council) so permits, the period of three months'_ notice or of one month's notice, as the case may be, may be reduced or waived: Provided further that such resignation shall take effect from the date on which it is accepted by the Karma-Samiti (Executive Council). _Explanation.—“Suspension” shall not be deemed to be a punishment within the meaning of this_ section.] **39. Pension and provident funds.—(1) The University shall constitute, for the benefit of its officers** [including the Upacharya (Vice-Chancellor)], [1][adhyapakas], and other servants, in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, insurance and provident funds as it may deem fit. (2) Where any such pension, insurance or provident fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (17 of 1925), shall apply to such fund as if it were a Government Provident Fund. **40. Filling of casual vacancies.—(1) Subject to any provision in this Act and in the Statutes, the** _Karma Samiti (Executive Council) shall appoint, with the approval of the Paridarsaka (Visitor), a person_ to fill a casual vacancy in the office of the _Upacharya (Vice-Chancellor), and the person so appointed_ shall hold office [2][until his successor enters upon his office]. (2) All casual vacancies among the members (other than ex officio members) of any authority or other body of the University shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or co-opted the member whose place has become vacant, and the person appointed, clected or co-opted to a casual vacancy shall be member of such authority or body for the residue of the term for which the person whose place he fills would have been a member. 3[41. Removal from membership of the University.—The Karma Samiti (Executive Council) may, on the recommendation of not less than two-thirds of its members remove any person from the membership of any authority or board of the University if such a person is guilty of a serious offence involving moral turpitude, or if he has been guilty of scandalous conduct and for the same reasons may withdraw any degree or diploma conferred on, or granted to, any person by the University: Provided that no action shall be taken under this section against any person except after giving him a reasonable opportunity of being heard with regard to the proposed action.] **42. Disputes as to constitution of any University authority or body.—If any question arises** whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Paridarsaka (Visitor), whose decision thereon shall be final. **43. Constitution of committees.—Where any authority of the University is given power by this Act** or by the Statutes to appoint committees, such committee shall, unless there is some special provision to the contrary, consist of members of the authority concerned and of such other persons (if any) as the authority in each case may think fit. 1. Subs. by Act 31 of 1984, s. 2, for “teacher” (w.e.f. 8-8-1984). 2. Subs. by Act 60 of 1961, s. 15, for “till the next meeting of the Samsad (Court)” (w.e.f. 19-12-1961). 3. Subs. by Act 57 of 1971, s. 11, for section 41 (w.e.f. 3-11-1971). 18 ----- **44. Proceedings of the University authorities not invalidated by vacancies.—No act or proceeding** of any authority or other body of the University shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members. 1[44A. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against any officer or employee of the University for anything which is in good faith done or intended to be done, in pursuance of the provisions of this Act, the Statutes or the Ordinances. **44B. Mode of proof of University record.—A copy of any receipt, application, notice, order,** proceeding or resolution of any authority or committee of the University, or other documents in the possession of the University, or any entry in any register duly maintained by the University, if certified by the _Karma-Sachiva (Registrar), shall, notwithstanding anything contained in the Indian Evidence Act,_ 1872 (1 of 1872), or in any other law for the time being in force, be admitted as evidence of the matters and transactions specified therein where the original thereof would, if produced, have been admissible in evidence.] **45. Power to remove difficulties.—If any difficulty arises with respect to the establishment of the** University or any authority of the University or in connection with the first meeting of any authority of the University, the Paridarsaka (Visitor) in consultation with the Upacharya (Vice-Chancellor) may, by order, make any appointment or do anything which appears to him necessary or expedient for the proper establishment of the University or any authority thereof or for the first meeting of any authority of the University. THE FIRST SCHEDULE _The First Schedule—Omitted by Act 31 of 1984, s. 25 (w.e.f. 8-8-1984)._ THE SECOND SCHEDULE (See section 7) _The territorial limits of the University_ The area known as Santiniketan in the District of Birbhum in West Bengal admeasuring 2[3000 hectares], bounded— on the North by the Kopai River— on the west by a line running from Ballavpur and Banuri villages to Bandgora. on the south by a line running from Bandgora _via Bolpur Dak Bungalow to the bridge over the_ 3[Eastern Railway] cutting, and on the east by the [3][Eastern Railway] line. ________________ 1. Ins. by Act 31 of 1984, s. 24 (w.e.f. 8-8-1984). 2. Subs. by s. 26, ibid., for “11.5 square miles” (w.e.f. 8-8-1984). 3. Subs. by s. 26, ibid., for “East Indian Railway” (w.e.f. 8-8-1984). 19 -----

13-May-1951

30

The Presidents Emoluments and Pension Act, 1951

https://www.indiacode.nic.in/bitstream/123456789/2107/1/A1951-30.pdf

central

# THE PRESIDENT’S EMOLUMENTS AND PENSION ACT, 1951 _________ ARRANGEMENT OF SECTIONS ___________ SECTIONS 1. Short title. 1A. Emoluments of the President. 2. Pension to retiring Presidents. 2A. Family pension to spouse of President. 3. Free medical attendance and treatment to spouse of President dying in office. 3A. Free Accommodation to spouse of President. 4. Sums to be charged on the Consolidated Fund of India. 5. Power to make rules. 6. Power to remove difficulties. 1 ----- # THE PRESIDENT’S EMOLUMENTS AND PENSION ACT, 1951 ACT NO. 30 OF 1951 [13th May, 1951.] # An act to provide [1][for the emoluments of the President and for] pensions to retiring Presidents. BE it enacted by Parliament as follows:— **1. Short title.—This Act may be called the President’s [2][Emoluments and Pension] Act, 1951.** 3 [1A. Emoluments of the President.—There shall be paid to the President by way of emoluments [4][ [5][five lakh rupees]] per mensem. **2. Pension to retiring Presidents.—[6][(1)] There shall be paid to every person who ceases to hold** office as President, either by the expiration of his term of office or by resignation of his office, a pension of [7][at the rate of fifty per cent. of the emoluments of the President per month] for the remainder of his life: 8* * * * * 9[Provided that if any person before assuming the office of President, has held the office of the Vice-President, such person shall not be entitled to any pension and other benefits under the provisions of the Vice-President’s Pension Act, 1997 (30 of 1997).] 10[(2) Subject to any rules that may be made in this behalf, every such person shall, for the remainder of his life, be entitled— 11[ 12[(a) to the use of a furnished residence (including its maintenance), without payment of rent, two telephones (one for internet and broadband connectivity), one mobile phone with national roaming facility and a motor-car, free of charge or to such car allowance as may be specified in the rules; (b) to secretarial staff consisting of a Private Secretary, one Additional Private Secretary, one Personal Assistant, two Peons and office expenses up to [13][one lakh rupees] per annum;] (c) to medical attendance and treatment free of charge; 14[(d) to travel anywhere in India, accompanied by one person, by the highest class by air, rail or steamer.] _Explanation.—For the purposes of this sub-section, “residence” shall have the meaning assigned to it_ in the Salaries and Allowances of Ministers Act, 1952 (58 of 1952).] 15[(2A) Subject to any rules that may be made in this behalf, the spouse of every such person shall, for the remainder of life, be entitled to medical attendance and treatment, free of charge.] 16[(3) Where any such person is re-elected to the office of President, such person or the spouse of such person shall not be entitled to any benefit under this section for the period during which such person again holds that office.]] 1. Subs. by Act 77 of 1985, s. 2, for “the payment of” (w.e.f. 16-12-1985). 2. Subs. by s. 3, ibid., for “Pension” (w.e.f. 16-12-1985). 3. Ins. by s. 4, ibid. (w.e.f. 16-12-1985). 4. Subs. by Act 28 of 2008, s. 2, for “fifty thousand rupees” (w.e.f. 30-12-2008). 5. Subs. by Act 13 of 2018, s. 137, for “one lakh fifty thousand rupees” (w.e.f. 1-1-2016). 6. Section 2 re-numbered as sub-section (1) thereof by Act 24 of 1962, s. 2 (w.e.f. 28-6-1962). 7. Subs. by Act 28 of 2008 s. 3, for “of three lakh rupees per annum” (w.e.f. 1-1-2006). 8. The proviso omitted by Act 24 of 1962, s. 2 (w.e.f. 28-6-1962). 9. Ins. by Act 25 of 1998, s. 2 (w.e.f. 20-8-1998). 10. Ins. by Act 24 of 1962, s. 2 (w.e.f. 28-6-1962). 11. Subs. by Act 16 of 1990, s. 2, for clauses (a) and (b) (w.e.f. 29-6-1990). 12. Subs. by Act 28 of 2008, s. 3, for clauses (a) and (b) (w.e.f. 30-12-2008). 13. Subs. by Act 13 of 2018, s. 138, for “sixty thousand rupees” (w.e.f. 1-4-2018). 14. Ins. by Act 71 of 1993, s. 2 (w.e.f. 26-12-1993). 15. Ins. by Act 79 of 1976, s. 2 (w.e.f. 25-8-1976). 16. Subs. by s. 2, ibid., for sub-section (3) (w.e.f. 25-8-1976). 2 ----- 1[2A. Family pension to spouse of President.—The spouse of a person who dies— (a) while holding the office of President, or (b) after ceasing to hold office as President either by the expiration of his term of office or by resignation of his office, shall be paid a family pension at the rate of fifty per cent. of pension as is admissible to a retiring President, for the remainder of her life.] 2[3. Free medical attendance and treatment to spouse of President dying in office.—Subject to any rules that may be made in this behalf, the spouse of a person who dies while holding the office of President shall, for the remainder of life, be entitled to medical attendance and treatment, free of charge.] 3[3A. Free Accommodation to spouse of President.—Subject to any rules that may be made in this behalf, the spouse of a person who dies— (a) while holding the office of President, or 4[(b) after ceasing to hold office as President, either on the expiration of his term of office or by resignation of his office, shall be entitled,— (i) to the use of furnished residence (including its maintenance) without payment of licence fee; (ii) to secretarial staff consisting of a Private Secretary and a Peon and office expenses as per actuals, the total expenditure on which shall not exceed [5][twenty thousand rupees] per annum; (iii) to a telephone and a motor-car, free of charge or such car allowance for the remainder of his life, as may be specified in the rules; (iv) to travel anywhere in India, in a calendar year to twelve single journeys, by the highest class, by air, rail or steamer, accompanied by a companion or a relative].] **4. Sums to be charged on the Consolidated Fund of India.—Any [6][sum] payable under this Act** shall be charged on the Consolidated Fund of India. **7[5. Power to make rules.—8[(1)] The Central Government may, by notification in the Official** Gazette, make rules for carrying out the purposes of this Act.] 9[(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 10[6. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, as amended by the President’s Emoluments and Pension (Amendment) Act, 2008 (28 of 2008), the Central Government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of two years from the date on which this Act comes into force. (2) Every order made under sub-section (1) shall be laid before each House of Parliament.] 1. Ins. by Act 14 of 2000, s. 2 (w.e.f. 11-8-2000). 2. Subs. by Act 79 of 1976, s. 3, for section 3 (w.e.f. 24-5-2000). 3. Ins. by Act 14 of 2000, s. 3 (w.e.f. 11-8-2000). 4. Subs. by Act 28 of 2008, s. 4, for clause (b) (w.e.f. 30-12-2008) 5. Subs. by Act 13 of 2018, s. 139, for “twelve thousand rupees” (w.e.f. 1-4-2018). 6. Subs. by Act 24 of 1962, s. 3, for “pension” (w.e.f. 28-6-1962). 7. Ins. by s. 4, ibid. (w.e.f. 28-6-1962). 8. Section 5 re-numbered as sub-section (1) thereof by Act 79 of 1976, s. 4 (w.e.f. 25-8-1976). 9. Ins. by s. 4, ibid. (w.e.f. 25-8-1976). 10. Ins. by Act 28 of 2008, s. 5 (w.e.f. 30-12-2008). 3 -----

16-May-1951

33

The Finance Commission (Miscellaneous Provisions) Act, 1951

https://www.indiacode.nic.in/bitstream/123456789/1941/1/A1951-33.pdf

central

# THE FINANCE COMMISSION (MISCELLANEOUS PROVISIONS) ACT, 1951 __________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title. 2. Definition. 3. Qualifications for appointment as, and the manner of selection of, members of the Commission. 4. Personal interest to disqualify members. 5. Disqualifications for being a member of the Commission. 6. Term of office of members and eligibility for reappointment. 7. Conditions of service and salaries and allowances of members. 8. Procedure and powers of the Commission. 1 ----- # THE FINANCE COMMISSION (MISCELLANEOUS PROVISIONS) ACT, 1951 ACT NO. 33 OF 1951 [16th May, 1951.] # An Act to determine the qualifications requisite for appointment as members of the Finance Commission and the manner in which they shall be selected, and to prescribe their powers. BE it enacted by Parliament as follows:— **1. Short title.—This Act may be called the Finance Commission (Miscellaneous Provisions)** Act, 1951. **2. Definition.—In this Act, “the Commission” means the Finance Commission constituted by the** President pursuant to clause (1) of article 280 of the Constitution. **3. Qualifications for appointment as, and the manner of selection of, members of the** **Commission.—The Chairman of the Commission shall be selected from among persons who have had** experience in public affairs, and the four other members shall be selected from among persons who— (a) are, or have been, or are qualified to be appointed as Judges of a High Court; or (b) have special knowledge of the finances and accounts of Government; or (c) have had wide experience in financial matters and in administration; or (d) have special knowledge of economies. **4. Personal interest to disqualify members.—Before appointing a person to be a member of the** Commission, the President shall satisfy himself that that person will have no such financial or other interest as is likely to affect prejudicially his functions as a member of the Commission; and the President shall also satisfy himself from time to time with respect to every member of the Commission that he has no such interest and any person who is, or whom the President proposes to appoint to be, a member of the Commission shall, whenever required by the President so to do, furnish to him such information as the President considers necessary for the performance by him of his duties under this section. **5. Disqualifications for being a member of the Commission.—A person shall be disqualified for** being appointed as, or for being, a member of the Commission,— (a) if he is of unsound mind; (b) if he is an undischarged insolvent; (c) if he has been convicted of an offence involving moral turpitude; (d) if he has such financial or other interest as is likely to affect prejudicially his functions as a member of the Commission. **6. Term of office of members and eligibility for reappointment.—Every member of the** Commission shall hold office for such period as may be specified in the order of the President appointing him, but shall be eligible for reappointment: Provided that he may, by letter addressed to the President, resign his office. **7. Conditions of service and salaries and allowances of members.—[1][(1)] The members of the** Commission shall render wholetime or part-time service to the Commission as the President may in each case specify, and there shall be paid to the members of the Commission such fees or salaries and such allowances as the Central Government may, by rules made [1][by notification in the official Gazette] in this behalf, determine. 1. Section 7 renumbered as sub-section (1) thereof by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 2 ----- 1[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **8. Procedure and powers of the Commission.—(1) The Commission shall determine their** procedure and in the performance of their functions shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:— (a) summoning and enforcing the attendance of witnesses; (b) requiring the production of any document; (c) requisitioning any public record from any court or office. (2) The Commission shall have power to require any person to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, any matter under the consideration of the Commission [2][and any person so required shall, notwithstanding anything contained in sub-section (2) of section 54 of the Indian Income Tax Act, 1922 or in any other law for the time being in force, be deemed to be legally bound to furnish such information within the meaning of section 176 of the Indian Penal Code (45 of 1860).] (3) The Commission shall be deemed to be a civil court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898). _Explanation.—For the purposes of enforcing the attendance of witnesses, the local limits of the_ Commission's jurisdiction shall be the limits of the territory of India. 1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 2. Added by Act 13 of 1955, s. 2. 3 -----

23-Jun-1951

37

The Scheduled Areas (Assimilation of Laws) Act, 1951

https://www.indiacode.nic.in/bitstream/123456789/2141/1/A1951-37.pdf

central

# THE SCHEDULED AREAS (ASSIMILATION OF LAWS) ACT, 1951 _______ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Assimilation of laws. 4. Transitional provisions. 5. Savings. 6. Provision for removal of difficulties. THE SCHEDULE. 1 ----- # THE SCHEDULED AREAS (ASSIMILATION OF LAWS) ACT, 1951 ACT NO. 37 OF 1951 [23rd June, 1951.] # An Act to assimilate certain laws in force in the scheduled areas to the laws in force in the districts of Darrang and Lakhimpur of the State of Assam. BE it enacted by Parliament as follows:— **1. Short title and commencement.—(1) This Act may be called the Scheduled Areas** (Assimilation of Laws) Act, 1951. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act,—** (a) “appointed day” means the date appointed under sub-section (2) of section 1 for the coming into force of this Act; (b) “law” means so much of any Act, Ordinance, Regulation, rule, order or bye-law as relates to any of the matters enumerated in List I and III in the Seventh Schedule to the Constitution; (c) “scheduled areas” means the areas specified in the Schedule. **3. Assimilation of laws.—(1) All laws which immediately before the appointed day extend to, or** are in force in, the scheduled areas shall on that day cease to be in force in the scheduled areas except as respects things done or omitted to be done before that day, and for the removal of doubts, it is hereby declared that section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply in relation to such cesser as it applies in relation to the repeal of an enactment by a Central Act. (2) All laws which immediately before the appointed day extend to, or are in force in, the Darrang district of the State of Assam shall as from that day extend to, or, as the case may be, come into force in, the areas specified in paragraph 1 of the Schedule. (3) All laws which immediately before the appointed day extend to, or are in force in, the Lakhimpur district of the State of Assam shall as from that day extend to, or, as the case may be, come into force in, the areas specified in paragraphs 2 and 3 of the Schedule. **4. Transitional provisions.—Notwithstanding anything contained in section 3, the Central** Government of the State of Assam may, by order, direct that during such period, not exceeding twelve months from the appointed day, as may be specified in the order, any law which immediately before the appointed day was in force in the scheduled areas, shall be deemed to have continued to be in force therein or any specified part thereof, and may further likewise direct that any law which would have extended to, or come into force in, the scheduled areas on the appointed day, shall not be deemed to have extended thereto or come into force therein or any specified part thereof. **5. Savings.—Notwithstanding anything contained in section 3, all suits, cases and other legal** proceedings between the parties all of whom belong to the Scheduled Tribes specified in Item 2 of Part I—Assam, of the Schedule to the Constitution (Scheduled Tribes) Order, 1950, or such other tribe or tribes, as may be specified in this behalf, shall be tried and continue to be tried under the 1. 1st October, 1951, vide Notification No. S. R. O. 1461, dated 15th September, 1951, see Gazette of India, Part II, s. 3. 2 ----- Assam Frontier (Administration of Justice) Regulation, 1945 (Regulation 1 of 1945) as if this Act had not been passed. **6. Provision for removal of difficulties.—If any difficulty arises in relation to the transition under** section 3 from one law or group of laws to another law or group of laws, the Central Government may, by order notified in the Official Gazette, make such provisions as it considers necessary for the removal of the difficulty. ________ 3 ----- THE SCHEDULE [See section 2 (c)] 1. So much of the area included in the Balipara Frontier Tract, as is comprised within the line drawn from the eastern boundary of the district of Kamrup at Pillar No. 98 on the Bor Nadi eastwards along the Inner Line of the Balipara Frontier Tract as defined in Assam Government Notification No. 6778-A.P., dated the 2nd November, 1934, till it reaches the boundary of the Lakhimpur district; thence southwards along the western boundary of the Lakhimpur district; to the point where it meets the boundary of the Darrang district; thence westwards along the northern boundary of the Darrang district to a point where it meets the eastern boundary of the Kamrup district; thence northwards along this boundary to the starting point. 2. So much of the area included in the Abor Hills and Mishmi Hills districts (Sadiya Frontier Tract) as is comprised within the line drawn from the point 498 at Dipa in a straight line to the junction of the Remi river with a nameless stream about a mile southeast of the junction of Remi and Tode Korong rivers; thence in a straight line to point milestone No. 4 from Kobo on the Kobo-Pasighat road; thence in a straight line to the junction of Sisseri and Gango rivers; thence along the left bank of the Gango river to its junction with the Dibag river; thence in a straight line to the confluence of Hazingaadi with Kundil river (about half a miles north of point 492 of the Kundil river); thence in a straight line to point 625 on the right bank of the Tipu-Balijan river (about four miles north of the confluence of Haru Nadi with Balijan); thence down the Balijan river following its right bank to its confluence with the Lohit river; thence across the Lohit river and down its left bank to Noa Dihing Mukh; thence up the right bank of the Noa Dihing river to its confluence with the Dirak river; thence up the left bank of the Dirak river to where it meets and boundary between the Sadiya Frontier Tract and the Lakhimpur district; thence westwards along the northern boundary of the Lakhimpur district to the starting point. 3. So much of the area included in the Tirap Frontier Tract as is comprised within the line drawn from the confluence of the Koria Pani and the Burhi Dihing rivers up the right bank of the Burhi Dihing river to the confluence of the Namphuk and the Namchik rivers; thence up the left bank of the Namchik river to its confluence with the Kathang river; thence up the Kathang Hka to its junction with the Lekha Hka; thence up the Lakha Hka to its source and thence to point 894; thence in a south-westerly direction down a nameless stream that originates from point 894, to its junction with the Tirap river; thence up the left bank of the Tirap river to a point due east of height 2438 on the Lungokan range; thence due west to height 2438; thence in a north-westerly direction down the Kapang Wa stream to its junction with the Tipang river; thence down the Tipang river to its junction with Kumkal Wa; thence in a south-westerly direction alone the ridge of Tuting Tak Kan range to the saddle between this range and Lompi Parbat range; thence in a north-westerly direction down a nameless stream that originates from this saddle, to its junction with Likhapani or Tehi stream; thence down the Likhapani stream to its junction with the Tirap river; thence down the Tirap river to its junction with the Burhi Dihing river; thence down the Burhi Dihing river to its junction with the Manmaw Jan; thence up the Manmaw Jan and Monggang Khasi stream as far as it forms the eastern boundary of the Upper Dihing reserved forest; thence along western boundary of the Upper Dihing reserved forest; thence along the western boundary of the Upper Dihing reserved forest (east block) to the point where it meets the Pengri Hka; thence down the Pengri Hka to the Burhi Dihing river and up the Burhi Dihing to the starting point. 4 -----

25-Jun-1951

39

The Marking of Heavy Packages Act, 1951

https://www.indiacode.nic.in/bitstream/123456789/2063/1/A1951-39.pdf

central

# THE MARKING OF HEAVY PACKAGES ACT, 1951 ___________ ARRANGEMENT OF SECTIONS _____________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Obligation to mark weight on heavy packages. 4. Inspectors. 5. Powers of inspectors. 6. Penalties. 7. Offences by companies. 8. Cognizance of offences. 9. Protection of action taken in good faith. 10. Power to make rules. 1 ----- # THE MARKING OF HEAVY PACKAGES ACT, 1951 ACT NO. 39 OF 1951 [25th June, 1951.] # An Act to give effect to the International Convention drawn up in Geneva on the 30th day of May, 1929, for the marking of weight on heavy packages transported by sea or inland water- ways. BE it enacted by Parliament as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Marking of Heavy** Packages Act, 1951. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “heavy package” means a package or other object weighing not less that one metric ton, which is equal to one thousand kilogrammes or 2204.6 standard pounds or 26.8 standard maunds; (b) “inland water-way” means any canal, river, lake or other navigable water in India. **3. Obligation to mark weight on heavy packages.—Every person consigning a heavy package for** transport by sea or inland water-way from any place in India shall have marked thereon plainly, durably and conspicuously the gross weight of the packages: Provided that in cases or circumstances specified by rules made under this Act where it is difficult to determine the correct weight, only the approximate weight may be so marked. 2[4. Inspectors.—(1) The Central Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this Act and assign to each of them one or more areas to be specified in the notification, or to two or more of them the same area to be so specified. (2) Every inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). **5. Powers of inspectors.—Subject to any rules made by the Central Government in this behalf, an** inspector appointed under sub-section (1) of section 4 may— (a) enter, with such assistants as he considers necessary, and inspect any place or vessel and examine any packages found therein; (b) if, on such examination, any heavy package is found not to have been marked in accordance with the provisions of section 3, direct that the package shall not be transported by sea or inland waterway until it has been marked in accordance with those provisions: 1. 1st November, 1951, vide Notification No. S.R.O. 1461, dated 15th September, 1951, see Gazette of India, Part II, sec. 3. 2. Subs. by Act 29 of 1961, s. 2, for sections 4 and 5. 2 ----- Provided that, instead of issuing any direction as aforesaid, the inspector may himself cause the package to be marked in accordance with the provisions of section 3; and in any such case, the expenses incurred by him for such marking shall be recoverable as an arrear of land revenue from the person consigning the package for transport. **6. Penalties.—(1) If any person contravenes—** (a) the provisions of section 3, or (b) any direction given by an inspector under clause (b) of section 5, he shall be punishable with fine which may extend to five hundred rupees. (2) If any person wilfully obstructs an inspector in the exercise of his powers under this Act, he shall be punishable with fine which may extend to two hundred rupees. **7. Offences by companies.—(1) Where the person committing an offence under this Act is a** company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceed against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) “company” means any body corporate and includes a firm or other association of individuals, and (b) “director”, in relation to a firm, means a partner in the firm. **8. Cognizance of offences.—(1) No court inferior to that of a Presidency Magistrate or a Magistrate** of the first class shall try any offence under this Act. (2) No court shall take cognizance of any offence under this Act except on a complaint in writing made by an inspector within six months of the date on which the offence is alleged to have been committed. **9. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie** against any person for anything which is in good faith done or intended to be done under this Act. **10. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules providing for— (a) the conditions as to the manner of marking of heavy packages, the manner of their packing and the type of covering to be used; (b) the cases or circumstances in which the approximate weight of heavy packages instead of their correct weight may be marked; 3 ----- (c) any other matter which has to be, or may be, provided for by rules. (2) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] _________ 4 -----

29-Jun-1951

41

The Rajghat Samadhi Act, 1951

https://www.indiacode.nic.in/bitstream/123456789/2162/1/A1951-41.pdf

central

# THE RAJGHAT SAMADHI ACT, 1951 _________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. The Rajghat Samadhi Committee. 4. Composition of the Committee. 5. Powers and duties of the Committee. 6. Power of Central Government to make rules. 7. Power of Committee to make bye-laws. **7A. Rules and bye-laws to be laid before Parliament.** 8. Validity of acts of Committee not to be questioned by reason of vacancy, etc. THE SCHEDULE. 1 ----- # THE RAJGHAT SAMADHI ACT, 1951 ACT NO. 41 OF 1951 [29th June, 1951.] # An Act to provide for the administration and control of the Rajghat Samadhi in Delhi. BE it enacted by Parliament as follows:— **1. Short title and commencement.—(1) This Act may be called the Rajghat Samadhi Act, 1951.** (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act,—** (a) “Committee” means the Rajghat Samadhi Committee constituted under this Act; (b) “Samadhi” means the structure built in token of reverence for Mahatama Gandhi at Rajghat on the Western bank of the Jamuna in Delhi, and includes the premises described in the Schedule with all buildings contained therein, together with all additions thereto or alterations thereof which may be made after the commencement of this Act. **3. The Rajghat Samadhi Committee.—(1) The administration and control of the Samadhi shall be** vested in a Committee constituted in the manner hereinafter provided. (2) The Committee shall by the name of “The Rajghat Samadhi Committee”, be a body corporate and shall have perpetual succession and a common seal and shall by the said name sue and be sued through its Chairman. **4. Composition of the Committee.—(1) The Committee shall consist of the following members,** namely:— 2[(a) the Mayor of the Municipal Corporation of Delhi, ex officio;] (b) three officials nominated by the Central Government; 3[(c) four non-officials nominated by the Central Government; (d) three members of Parliament of whom shall be elected from among themselves by members of the House of the People and one from among themselves by members of the Council of States.] (2) The Central Government may appoint any person referred to in sub-section (1) or any other person to be the Chairman of the Committee, and if any other person is so appointed, he shall be deemed to be a member of the Committee within the meaning of sub-section (1). (3) All persons nominated by the Central Government to be members of the Committee shall hold office during the pleasure of the Central Government. 4[(4) The term of office of a member elected under clause (d) of sub-section (1) shall come to an end as soon as he ceases to be a member of the House from which he was elected.] 5[(5) It is hereby declared that the office of member of the Committee shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.] **5. Powers and duties of the Committee.—Subject to such rules as may be made under this Act, the** powers and duties of the Committee shall be— (a) to administer the affairs of the Samadhi and to keep the Samadhi in proper order and in a state of good repair; (b) to organise and regulate periodical functions at the Samadhi; 1. 7th June, 1952, vide notification No. S.R.O. 1018, dated 7th June, 1952, see Gazette of India, Extraordinary, Part II, s. 3. 2. Subs. by Act 37 of 1958, s. 2, for clause (a) (w.e.f. 9-3-1959.) 3. Subs. by s. 2, ibid., for clauses (c) and (d) (w.e.f. 9-3-1959). 4. Ins. by s. 2, ibid. (w.e.f. 9-3-1959). 5. Ins. by Act 30 of 1988, s. 2 (w.e.f. 18-5-1988). 2 ----- (c) to do such other things as may be incidental or conducive to the efficient administration of the affairs of the Samadhi. **6. Power of Central Government to make rules.—The Central Government may, by notification in** the Official Gazette, make rules to carry out the objects of this Act, and to regulate access to the Samadhi or to any portion thereof. **7. Power of Committee to make bye-laws.—(1) The Committee may** [1][by notification in the Official Gazette] make bye-laws consistent with this Act and the rules made thereunder for all or any of the following purposes, namely:— (a) the manner in which meetings of the Committee shall be convened, the quorum for the transaction of any business thereat and the procedure at such meetings; (b) the appointment of such persons as may be necessary to assist the Committee in the efficient performance of its duties and the terms and conditions of service of such employees; (c) the duties and powers of the employees of the Committee; (d) the submission of accounts, returns and reports to the Committee by any of its employees. (2) All bye-laws made under this section shall be subject to the condition of previous publication and shall not have effect until they are approved by the Central Government. 2[7A. Rules and bye-laws to be laid before Parliament.—Every rule and every bye-law made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or bye-law or both Houses agree that the rule or bye-law should not be made, the rule or bye-law shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or bye-law.] **8. Validity of acts of Committee not to be questioned by reason of vacancy, etc.—No act or** proceeding of the Committee shall be deemed to be invalid merely by reason of any vacancy in, or any defect in the constitution of, the Committee. ______ THE SCHEDULE [See section 2(b)] The Samadhi premises, admeasuring 44.35 acres, bounded on the north by a vacant piece of land belonging to the Delhi Improvement Trust on the south by Power House; and on the east by the Power House; and on the west by Bela Road. ________ 1. Ins. by Act 30 of 1988, s. 3 (w.e.f 18-5-1988). 2. Ins. by s. 4, ibid. (w.e.f. 18-5-1988). 3 -----

17-Jul-1951

43

The Representation of the People Act, 1951

https://www.indiacode.nic.in/bitstream/123456789/2096/5/a1951-43.pdf

central

# THE REPRESENTATION OF THE PEOPLE ACT, 1951 _______ ARRANGEMENT OF SECTIONS _______ PART I PRELIMINARY SECTIONS 1. Short title. 2. Interpretation. PART II QUALIFICATIONS AND DISQUALIFICATIONS CHAPTER I.—Qualifications for Membership of Parliament 3. Qualification for membership of the Council of States. 4. Qualifications for membership of the House of the People. CHAPTER II.—Qualifications for Membership of State Legislatures 5. Qualifications for membership of a Legislative Assembly. 5A. Qualifications for membership of Legislative Assembly of Sikkim. 6. Qualifications for membership of a Legislative Council. CHAPTER III.—Disqualifications for Membership of Parliament and State Legislatures 7. Definitions. 8. Disqualification on conviction for certain offences. 8A. Disqualification on ground of corrupt practices. 9. Disqualification for dismissal for corruption or disloyalty. 9A. Disqualification for Government contracts, etc. 10. Disqualification for office under Government company. 10A. Disqualification for failure to lodge account of election expenses. 11. Removal or reduction of period of disqualification. CHAPTER IV.—Disqualifications for voting 11A. Disqualification arising out of conviction and corrupt practices. 11B. Removal of disqualifications. PART III NOTIFICATION OF GENERAL ELECTIONS 12. Notification for biennial election to the Council of States. 1 ----- SECTIONS 12A. Notification for election to fill the seat allotted to the State of Sikkim in the Council of States. 13. [Omitted.] 14. Notification for general election to the House of the People. 14A. Notification for electing the representative of the State of Sikkim to the existing House of the people. 15. Notification for general election to a State Legislative Assembly. 15A. Notification for certain elections to Legislative Councils. 16. Notification for biennial election to a State Legislative Council. PART IV ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS 19. Definition. 19A. Delegation of functions of Election Commission. 20. General duties of chief electoral officers. 20A. General duties of district election officer. 20B. Observers. 21. Returning officers. 22. Assistant returning officers. 23. Returning officer to include assistant returning officers performing the functions of the returning officer. 24. General duty of the returning officer. 25. Provision of polling stations for constituencies. 26. Appointment of presiding officers for polling stations. 27. General duty of the presiding officer. 28. Duties of a polling officer. 28A. Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission. 29. Special provisions in the case of certain elections. PART IVA REGISTRATION OF POLITICAL PARTIES 29A. Registration with the Election Commission of associations and bodies as political parties. 29B. Political parties entitled to accept contribution. 29C. Declaration of donation received by the political parties. PART V CONDUCT OF ELECTIONS CHAPTER I.—Nomination of Candidates 30. Appointment of dates for nominations, etc. 31. Public notice of election. 2 ----- SECTIONS 32. Nomination of candidates for election. 33. Presentation of nomination paper and requirement for a valid nomination. 33A. Right to information. 33B. Candidate to furnish information only under the Act and the rules. 34. Deposits. 35. Notice of nominations and the time and place for their scrutiny. 36. Scrutiny of nominations. 37. Withdrawal of candidature. 38. Publication of list of contesting candidates. 39. Nomination of candidates at other elections. 39A. Allocation of equitable sharing of time. CHAPTER II.—Candidates and their Agents 40. Election agents. 41. Disqualification for being an election agent. 42. Revocation of the appointment, or death, of an election agent. 43. [Omitted.] 44. [Omitted.] 45. Functions of election agents. 46. Appointment of polling agents. 47. Appointment of counting agents. 48. Revocation of the appointment, or death of a polling agent or counting agent. 49. Functions of polling agents and counting agents. 50. Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent. 51. Non-attendance of polling or counting agents. CHAPTER III.—General Procedure at Elections 52. Death of candidate of recognised Political Party before Poll. 53. Procedure in contested and uncontested elections. 54. [Omitted.] 55. Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes. 55A. [Omitted.] CHAPTER IV.—The Poll 56. Fixing time for poll. 57. Adjournment of poll in emergencies. 3 ----- SECTIONS 58. Fresh poll in the case of destruction, etc., of ballot boxes. 58A. Adjournment of poll or countermanding of election on the ground of booth capturing. 59. Manner of voting at elections. 60. Special procedure for voting by certain classes of persons. 61. Special procedure for preventing personation of electors. 61A. Voting machines at elections. 62. Right to vote. 63. [Omitted.] CHAPTER V.—Counting of Votes 64. Counting of votes. 64A. Destruction, loss, etc., of ballot papers at the time of counting. 65. Equality of votes. 66. Declaration of results. 67. Report of the result. 67A. Date of election of candidate. CHAPTER VI.—Multiple Elections 68. Vacation of seats when elected to both Houses of Parliament. 69. Vacation of seats by persons already members of one House on election to other House of Parliament. 70. Election to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State. CHAPTER VII.—Publication of Election Results and Nominations 71. Publication of results of elections to the Council of States and of names of persons nominated by the President. 72. [Omitted.] 73. Publication of results of general elections to the House of the People and the State Legislative Assemblies and of names of persons nominated thereto. 73A. Special provisions as to certain elections. 74. Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils. CHAPTER VIIA.—Declaration of Assets and Liabilities 75A. Declaration of assets and liabilities. CHAPTER VIII.—Election Expenses 76. Application of Chapter. 77. Account of election expenses and maximum thereof. 78. Lodging of account with the district election officer. 4 ----- PART VA FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL PARTIES SECTIONS 78A. Free supply of copies of electoral rolls. 78B. Supply of certain items to candidates, etc. PART VI DISPUTES REGARDING ELECTIONS CHAPTER I.—Interpretation 79. Definitions. CHAPTER II.—Presentation of Election Petitions to High Court. 80. Election petitions. 80A. High Court to try election petitions. 81. Presentation of petitions. 82. Parties to the petition. 83. Contents of petition. 84. Relief that may be claimed by the petitioner. 85. [Omitted.] CHAPTER III.—Trial of Election Petitions 86. Trial of election petitions. 87. Procedure before the High Court. 93. Documentary evidence. 94. Secrecy of voting not to be infringed. 95. Answering of criminating questions and certificate of indemnity. 96. Expenses of witnesses. 97. Recrimination when seat claimed. 98. Decision of the High Court. 99. Other orders to be made by the High Court. 100. Grounds for declaring election to be void. 101. Grounds for which a candidate other than the returned candidate may be declared to have been elected. 102. Procedure in case of an equality of votes. 103. Communication of orders of the High Court. 104. [Omitted.] 105. [Omitted.] 106. Transmission of order to the appropriate authority, etc., and its publication. 5 ----- SECTIONS 107. Effect of orders of the High Court. CHAPTER IV.—Withdrawal and Abatement of Election Petitions 108. [Omitted.] 109. Withdrawal of election petitions. 110. Procedure for withdrawal of election petitions. 111. Report of withdrawal by the High Court to the Election Commission. 112. Abatement of election petitions. 116. Abatement or substitution on death of respondent. CHAPTER IVA.—Appeals 116A. Appeals to Supreme Court. 116B. Stay of operation of order of High Court. 116C. Procedure in appeal. CHAPTER V.—Costs and Security for Costs 117. Security for costs. 118. Security for costs from a respondent. 119. Costs. 121. Payment of costs out of security deposits and return of such deposits. 122. Execution of orders as to costs. PART VII CORRUPT PRACTICES AND ELECTORAL OFFENCES CHAPTER I.—Corrupt Practices 123. Corrupt practices. CHAPTER III.—Electoral Offences 125. Promoting enmity between classes in connection with election. 125A . Penalty for filing false affidavit, etc. 126. Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll. 126A. Restriction on publication and dissemination of result of exit polls, etc. 126B. Offences by companies. 127. Disturbances at election meetings. 127A. Restrictions on the printing of pamphlets, posters, etc. 128. Maintenance of Secrecy of voting. 129. Officers, etc., at elections not to act for candidates or to influence voting. 130. Prohibition of canvassing in or near polling stations. 131. Penalty for disorderly conduct in or near polling stations. 132. Penalty for misconduct at the polling station. 6 ----- SECTIONS 132A. Penalty for failure to observe procedure for voting. 133. Penalty for illegal hiring or procuring of conveyance at elections. 134. Breaches of official duty in connection with elections. 134A. Penalty for Government servants for acting as election agent, polling agent or counting agent. 134B. Prohibition of going armed to or near a polling station. 135. Removal of ballot papers from polling station to be an offence. 135A. Offence of booth capturing. 135B. Grant of paid holiday to employees on the day of poll. 135C. Liquor not to be sold, given or distributed on polling day. 136. Other offences and penalties therefor. 137. [Omitted.] 138. [Repealed.] PART VIII DISQUALIFICATIONS [CHAPTER I.—139—140A.] [Omitted.] [CHAPTER II.—141—144.] [Omitted.] [CHAPTER III.—145.] [Omitted.] CHAPTER IV.—Powers of Election Commission in connection with inquiries _as to disqualifications of Members_ 146. Powers of Election Commission. 146A. Statements made by persons to the Election Commission. 146B. Procedure to be followed by the Election Commission. 146C. Protection of action taken in good faith. PART IX BYE-ELECTIONS 147. Casual vacancies in the Council of States. 148. [Omitted.] 149. Casual vacancies in the House of the People. 150. Casual vacancies in the State Legislative Assemblies. 151. Casual vacancies in the State Legislative Councils. 151A. Time limit for filling vacancies referred to in sections 147, 149, 150 and 151. PART X MISCELLANEOUS 152. List of Members of the State Legislative Assemblies and electoral colleges to be maintained by the returning officers concerned. 153. Extension of time for completion of election. 7 ----- SECTIONS 154. Term of office of members of the Council of States. 155. Commencement of the term of office of members of the Council of States. 156. Term of office of members of State Legislative Councils. 157. Commencement of the term of office of members of the Legislative Councils. 158. Return of forfeiture of candidate’s deposit. 159. Staff of certain authorities to be made available for election work. 160. Requisitioning of premises, vehicles, etc., for election purposes. 161. Payment of compensation. 162. Power to obtain information. 163. Powers of entry into and inspection of premises, etc. 164. Eviction from requisitioned premises. 165. Release of premises from requisition. 166. Delegation of functions of the State Government with regard to requisitioning. 167. Penalty for contravention of any order regarding requisitioning. 168. [Omitted.] PART XI GENERAL 169. Power to make rules. 170. Jurisdiction of civil courts barred. 171. [Repealed.] 8 ----- # THE REPRESENTATION OF THE PEOPLE ACT, 1951 ACT NO. 43 OF 1951 [17th July, 1951.] An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt [1]*** practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections. BE it enacted by Parliament as follows:— PART I PRELIMINARY **1. Short title.—This Act may be called the Representation of the People Act, 1951.** **2. Interpretation.—(1) In this Act, unless the context otherwise requires,—** (a) each of the expressions defined in section 2 or sub-section (1) of section 27 of the Representation of the People Act, 1950 (43 of 1950), but not defined in this Act, shall have the same meaning as in that Act; (b) “appropriate authority” means, in relation to an election to the House of the People or the Council of States [2]***, the Central Government, and in relation to an election to the Legislative Assembly or the Legislative Council of a State, the State Government; 3[(bb) “chief electoral officer” means the officer appointed under section 13A of the Representation of the People Act, 1950 (43 of 1950);] (c) “corrupt practice” means any of the practices specified in section 123 [4]***; 5[(cc) “district election officer” means the officer designated or nominated under section 13AA of the Representation of the People Act, 1950 (43 of 1950);] (d) “election” means an election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State [6]*** [7]***; 8[(e) “elector” in relation to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950);] 9[(f) “political party” means an association or a body of individual citizens of India registered with the Election Commission as a political party under section 29A;] (g) “prescribed” means prescribed by rules made under this Act; 5[(h) “public holiday” means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881 (26 of 1881);] 10[(i)] “sign”, in relation to a person who is unable to write his name, means authenticate in such manner as may be prescribed. 11* * * * * [12]* * * * * 1. The words “and illegal” omitted by Act 27 of 1956, s. 2 (w.e.f. 28-8-1956). 2. Certain words omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957). 3. Ins. by Act 27 of 1956, s. 3 (w.e.f. 28-8-1956). 4. The words and figures “or section 124” omitted by s. 3, ibid. (w.e.f. 28-8-1956). 5. Ins. by Act 47 of 1966, s. 15 (w.e.f. 14-12-1966). 6. The words “other than the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95, 96 and the Fifth Schedule (w.e.f. 31-10-2019). 7. Certain words omitted by Act 58 of 1958, s. 14 (w.e.f. 30-12-1958). 8. Subs. by Act 27 of 1956, s. 3, for clause (e) (w.e.f. 28-8-1956). 9. Ins. by Act 1 of 1989, s. 3 (w.e.f. 15-6-1989). 10. Clause (k) re-lettered as clause (i) of that section by Act 27 of 1956, s. 3 (w.e.f. 28-8-1956). 11. Clause (j) omitted by the Adaptation of Laws (No. 2) order, 1956 (w.e.f. 1-11-1956). 12. Clause (k) omitted by Act 47 of 1966, s. 15 (w.e.f. 14-12-1966). 9 ----- (2) For the purposes of this Act, [1]*** a Parliamentary constituency, an Assembly constituency, a Council constituency, a local authorities’ constituency, a graduates’ constituency and a teachers’ constituency shall each be treated as a constituency of a different class. (3) Any requirement under this Act that a notification, order, rule, declaration, notice or list issued or made by any authority shall be published in the Official Gazette, shall, unless otherwise expressly provided in this Act, be construed as a requirement that the notification, order, rule, declaration, notice or list shall— (a) where it is issued or made by the Central Government, be published in the Gazette of India; (b) where it is issued or made by a State Government, be published in the Official Gazette of the State; and (c) where it is issued or made by any other authority, be published in the Gazette of India if it relates to an election to, or membership of, either House of Parliament [2]*** and in the Official Gazette of the State if it relates to an election to, or membership of, the House or either House of the Legislature of a State. (4) Where, under any of the provisions of this Act, anything is to be prescribed, different provisions may be made for different cases or classes of cases. 3* * * * * 4* - - - * 3* * * * * PART II 5[QUALIFICATIONS AND DISQUALIFICATIONS] CHAPTER I.—Qualifications for Membership of Parliament 6[3. Qualification for membership of the Council of States.—A person shall not be qualified to be chosen as a representative of any State [7]*** or Union territory in the Council of States unless he is an elector for a Parliamentary constituency [8][in India].] **4. Qualifications for membership of the House of the People.—A person shall not be qualified to** be chosen to fill a seat in the House of the People [9]*** [10]***, unless— (a) in the case of a seal reserved for the Scheduled Castes in any State, he is a member of any of the Scheduled Castes, whether of that State or of any other State, and is an elector for any Parliamentary constituency; (b) in the case of a seat reserved for the Scheduled Tribes in any State (other than those in the autonomous districts of Assam), he is a member of any of the Scheduled Tribes, whether of the State or of any other State (excluding the tribal areas of Assam), and is an elector for any Parliamentary constituency; (c) in the case of a seat reserved for the Scheduled Tribes in the autonomous districts of Assam, he is a member of any of those Scheduled Tribes and is an elector for the Parliamentary constituency 1. The words “an electoral college constituency” omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957). 2. The words “or the electoral college of union territory” omitted by s. 66, ibid. (w.e.f. 1-1-1957). 3. Sub-sections (5) and (7) omitted and sub-section (6) re-numbered as sub-section (5) by Act 27 of 1956, s. 3 (w.e.f. 28-8-1956). 4. Sub-section (5) omitted by Act 34 of 2019, s. 95, 96 and the Fifth Schedule (w.e.f. 31-10-2019). 5. Subs. by Act 47 of 1966, s. 16, for the heading “QUALIFICATIONS AND DISQUALIFICATIONS FOR MEMBERSHIP” (w.e.f. 14-12- 1966). 6. Subs. by the Adaptation of Laws (No. 2) order, 1956, for s. 3 (w.e.f. 1-11-1956). 7. Certain words omitted by Act 47 of 1966, s. 17 (w.e.f. 14-12-1966). 8. Subs. by Act 40 of 2003, s. 2, for “in that State or territory” (w.e.f. 28-8-2003). 9. Certain words omitted by Act 49 of 1965, s. 5 (w.e.f. 22-12-1965). 10. Certain words omitted by Act 29 of 1975, s. 12 (w.e.f. 15-8-1975). 10 ----- in which such seat is reserved or for any other Parliamentary constituency comprising any such autonomous district; [1]*** 2[(cc) in the case of the seat reserved for the Scheduled Tribes in the Union territory of [3][Lakshadweep], he is a member of any of those Scheduled Tribes and is an elector for the Parliamentary constituency of that Union territory; [4]***] 5[(ccc) in the case of the seat allotted to the State of Sikkim, he is an elector for the Parliamentary constituency for Sikkim;] (d) in the case of any other seat, he is an elector for any Parliamentary constituency. CHAPTER II.—Qualifications for Membership of State Legislatures **5. Qualifications for membership of a Legislative Assembly.—A person shall not be qualified to** be chosen to fill a seat in the Legislative Assembly of a State unless— (a) in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that State, he is a member of any of those castes or of those tribes, as the case may be, and is an elector for any Assembly constituency in that State; (b) in the case of a seat reserved for an autonomous district of Assam, [6]*** he is a member of a 7[Scheduled Tribe of any autonomous district] and is an elector for the Assembly constituency in which such seat or any other seat is reserved for that district; and (c) in the case of any other seat, he is an elector for any Assembly constituency in that State: 8[Provided that for the period referred to in clause (2) of article 371 A, a person shall not be qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless he is a member of the regional council referred to in that article.] 9[5A. Qualifications for membership of Legislative Assembly of Sikkim.—10[(1)] Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Constitution) unless— (a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the constituency reserved for the Sanghas; (b) in the case of a seat reserved for Sikkimese of Nepali origin, he is a person of Nepali origin and is an elector for any Assembly constituency in the State; (c) in the case of a seat reserved for Scheduled Castes, he is a member of any of the castes specified in the Representation of Sikkim Subjects Act, 1974 and is an elector for any Assembly constituency in the State; and (d) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency.] 1. The word “and” omitted by Act 47 of 1966, s. 18 (w.e.f. 14-12-1966). 2. Ins. by s. 18, ibid. (w.e.f. 14-12-1966). 3. Subs. by the Laccadive, Minicoy and Aminidivi Islands (alteration of Name) Adaptation of Laws Order, 1974 (w.e.f. 1-11-1973). 4. The word “and” omitted by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975). 5. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 9-9-1975). 6. Certain words omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974 (w.e.f. 21-1-1972). 7. Subs. by Act 47 of 1966, s. 19, for “Scheduled Tribe of that district” (w.e.f. 14-12-1966). 8. Ins. by Act 27 of 1962, s. 11 (w.e.f. 4-9-1962). 9. Ins. by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975). 10. Section 5A re-numbered as sub-section (1) of that section by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979). 11 ----- 1[(2) Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), unless— (a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the constituency reserved for the Sanghas; (b) in the case of a seat reserved for Scheduled Castes, he is a member of any of those castes in the State of Sikkim and is an elector for any Assembly constituency in the State; (c) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency; and (d) in the case of any other seat, he is an elector for any Assembly constituency in the State. _Explanation.—In this sub-section “Bhutia” includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa,_ Tibetan, Tromopa and Yolmo.] **6. Qualifications for membership of a Legislative Council.—(1) A person shall not be qualifled to** be chosen to fill a seat in the Legislative Council of a State to be filled by election unless he is an elector for any Assembly constituency in that State. (2) A person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be filled by nomination by the Governor [2]*** unless he is ordinarily resident in the State. 3[CHAPTER III.—DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT AND STATE LEGISLATURES **7. Definitions.—In this Chapter,—** (a) “appropriate Government” means in relation to any disqualification for being chosen as or for being a member of either House of Parliament, the Central Government, and in relation to any disqualification for being chosen as or for being a member of the Legislative Assembly or Legislative Council of a State, the State Government; (b) “disqualified” means disqualified for being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State [4][under the provisions of this Chapter, and on no other ground]. **8. Disqualification on conviction for certain offences.—[5][(1) A person convicted of an offence** punishable under— (a) section 153A (offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) or section 171E (offence of bribery) or section 171F (offence of undue influence or personation at an election) or sub-section (1) or sub-section (2) of section 376 or section 376A or section 376B or section 376C or section 376D (offences relating to rape) or section 498A (offence of cruelty towards a woman by husband or relative of a husband) or sub-section (2) or sub-section (3) of section 505 (offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies) or the Indian Penal Code (45 of 1860); or (b) the Protection of Civil Rights Act, 1955 (22 of 1955), which provides for punishment for the preaching and practice of “untouchability”, and for the enforcement of any disability arising therefrom; or (c) section 11 (offence of importing or exporting prohibited goods) of the Customs Act, 1962 (52 of 1962); or 1. Ins. by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979). 2. The words “or the Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956). 3. Subs. by Act 47 of 1966, s. 20, for CHAPTER III (w.e.f. 14-12-1966). 4. Ins. by Act 29 of 2013, s. 2 (w.e.f. 10-7-2013). 5. Subs. by Act 1 of 1989, s. 4, for sub-sections (1) and (2) (w.e.f. 15-3-1989). 12 ----- (d) sections 10 to 12 (offence of being a member of an association declared unlawful, offence relating to dealing with funds of an unlawful association or offence relating to contravention of an order made in respect of a notified place) of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967); or (e) the Foreign Exchange (Regulation) Act, 1973 (46 of 1973); or (f) the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or (g) section 3 (offence of committing terrorist acts) or section 4 (offence of committing disruptive activities) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or (h) section 7 (offence of contravention of the provisions of section 3 to 6) of the Religious Institutions (Prevention of Misuse) Act, 1988 (41 of 1988); or (i) section 125 (offence of promoting enmity between classes in connection with the election) or section 135 (offence of removal of ballot papers from polling stations) or section 135A (offence of booth capturing) or clause (a) of sub-section (2) of section 136 (offence of Fraudulently defacing or fraudulently destroying any nomination paper) of this Act; [1][or] 1[(j) section 6 (offence of conversion of a place or worship) of the Places of Worship (Special Provisions) Act 1991]; [2][or] 3[(k) section 2 (offence of insulting the Indian National Flag or the Constitution of India) or section 3 (offence of preventing singing of National Anthem) of the Prevention of Insults to National Honour Act, 1971 (69 of 1971) ; [4][or]] 4[(l) the Commission of Sati (Prevention) Act, 1987 (3 of 1988); or (m) the Prevention of Corruption Act, 1988 (49 of 1988); or (n) the Prevention of Terrorism Act, 2002 (15 of 2002),] 5[shall be disqualified, where the convicted person is sentenced to— (i) only fine, for a period of six years from the date of such conviction; (ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.] (2) A person convicted for the contravention of— (a) any law providing for the prevention of hoarding or profiteering; or (b) any law relating to the adulteration of food or drugs; or (c) any provisions of the Dowry Prohibition Act, [6][1961 (28 of 1961);], 7* * * * * and sentenced to imprisonment for not less than six months, shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release. (3) A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.] 1. Ins. by Act 42 of 1991, s. 8 (w.e.f. 18-9-1991). 2. Added by Act 21 of 1996, s. 3 (w.e.f. 1-8-1996). 3. Ins. by s. 3, ibid. (w.e.f. 1-8-1996). 4. Ins. by Act 9 of 2003, s. 2 (w.e.f. 7-1-2003). 5. Subs. by s. 2, ibid., for “shall be disqualified” and ending with the words “such conviction” (w.e.f. 7-1-2003). 6. Subs. by s. 2, ibid., for “1961 (28 of 1961); or” (w.e.f. 7-1-2003). 7. Clause (d) omitted by s. 2, ibid. (w.e.f. 7-1-2003). 13 ----- 1*[(4)] Notwithstanding anything 2[in sub-section (1), sub-section 2 and sub-section (3)] a disqualification under either sub-section shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court. _Explanation.—In this section—_ (a) “law providing for the prevention of hoarding or profiteering” means any law, or any order, rule or notification having the force of law, providing for— (i) the regulation of production or manufacture of any essential commodity; (ii) the control of price at which any essential commodity may be brought or sold; (iii) the regulation of acquisition, possession, storage, transport, distribution, disposal, use or consumption of any essential commodity; (iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale; (b) “drug” has the meaning assigned to it in the Drugs and Cosmetics Act, 1940 (23 of 1940); (c) “essential commodity” has the meaning assigned to it in the Essential Commodities Act, 1955 (10 of 1955); (d) “food” has the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (37 of 1954). 3[8A. Disqualification on ground of corrupt practices.—(1) The case of every person found guilty of a corrupt practice by an order under section 99 shall be submitted, [4][as soon as may be within a period of three months from the date such order takes effect], by such authority as the Central Government may specify in this behalf, to the President for determination of the question as to whether such person shall be disqualified and if so, for what period: Provided that the period for which any person may be disqualified under this sub-section shall in no case exceed six years from the date on which the order made in relation to him under section 99 takes effect. (2) Any person who stands disqualified under section 8A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), may, if the period of such disqualification has not expired, submit a petition to the President for the removal of such disqualification for the unexpired portion of the said period. (3) Before giving his decision on any question mentioned in sub-section (1) or on any petition submitted under sub-section (2), the President shall obtain the opinion of the Election Commission on such question or petition and shall act according to such opinion.] **9. Disqualification for dismissal for corruption or disloyalty.—(1) A person who having held an** office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal. (2) For the purposes of sub-section (1), a certificate issued by the Election Commission to the effect that a person having held office under the Government of India or under the Government of a State, has or has not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of that fact: 1. Sub-section (3) re-numbered as sub-section (4) by Act 1 of 1989, s. 4 (w.e.f. 15-3-1989). 2. Subs. by s. 4, ibid., for “sub-section (1) and sub-section (2)” (w.e.f. 15-3-1989). 3. Subs. by Act 40 of 1975, s. 2, for section 8A (w.e.f. 6-8-1975). 4. Subs. by Act 41 of 2009, s. 4, for certain words (w.e.f. 1-2-2010). *Struck down by the Supreme Court of India in case titled Lily Thomas Vs Union of India and Ors. 14 ----- Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State shall be issued unless an opportunity of being heard has been given to the said person. **9A. Disqualification for Government contracts, etc.—A person shall be disqualified if, and for so** long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate Government for the supply of goods to, or for the execution of any works undertaken by that Government. _Explanation.—For the purposes of this section, where a contract has been fully performed by the_ person by whom it has been entered into with the appropriate Government, the contract shall be deemed not to subsist by reason only of the fact that the Government has not performed its part of the contract either wholly or in part. **10. Disqualification for office under Government company.—A person shall be disqualified if,** and for so long as, he is a managing agent, manager or secretary of any company or corporation (other than a co-operative society) in the capital of which the appropriate Government has not less than twenty-five per cent. share. **10A. Disqualification for failure to lodge account of election expenses.—If the Election** Commission is satisfied that a person— (a) has failed to lodge an account of election expenses, within the time and in the manner required by or under this Act; and (b) has no good reason or justification for the failure, the Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order. **11. Removal or reduction of period of disqualification.—The Election Commission may, for** reasons to be recorded, remove any disqualification under this Chapter [1][(except under section 8A)] or reduce the period of any such disqualification. CHAPTER IV.—Disqualifications for voting **11A. Disqualification arising out of conviction and corrupt practices.—[2][(1)] If any person, after** the commencement of this Act,— 3*** is convicted of an offence punishable under section 171E or section 171F of the Indian Penal Code (45 of 1860), or under section 125 or section 135 or clause (a) of sub-section (2) of section 136 of this Act, [4]*** 5* * * * * he shall, for a period of six years from the date of the conviction or from the date on which the order takes effect, be disqualified for voting at any election. 6[(2) Any person disqualified by a decision of the President under sub-section (1) of section 8A for any period shall be disqualified for the same period for voting at any election. (3) The decision of the President on a petition submitted by any person under sub-section (2) of section 8A in respect of any disqualification for being chosen as, and for being, a member of either House 1. Ins. by Act 40 of 1975, s. 3 (w.e.f. 6-8-1975). 2. Section 11A re-numbered as sub-section (1) of that section by s. 4, ibid. (w.e.f. 6-8-1975). 3. The brackets and letter “(a)” omitted by Act 38 of 1978, s. 3 and the Second Schedule (w.e.f. 26-11-1978). 4. The word “or” omitted by s. 3 and the Second Schedule, ibid. (w.e.f. 26-11-1978). 5. Clause (b) omitted by Act 40 of 1975, s. 4 (w.e.f. 6-8-1975). 6. Ins. by s. 4, ibid. (w.e.f. 6-8-1975). 15 ----- of Parliament or of the Legislative Assembly or Legislative Council of a State shall, so for as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of section 11A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), as if such decision were a decision in respect of the said disqualification for voting also.] **11B. Removal of disqualifications.—The Election Commission may, for reasons to be recorded,** remove [1][any disqualification under sub-section (1) of section 11A].] 2[PART III NOTIFICATION OF GENERAL ELECTIONS **12. Notification for biennial election to the Council of States.—For the purpose of filling the seats** of members of the Council of States retiring on the expiration of their term of office the President shall, by one or more notifications published in the Gazette of India on such date or dates as may be recommended by the Election Commission, call upon the elected members of the Legislative Assembly or as the case may be, the members of the electoral college, of each State concerned to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder: Provided that no notification under this section shall be issued more than three months prior to the date on which the term of office of the retiring members is due to expire. 3[12A. Notification for election to fill the seat allotted to the State of Sikkim in the Council of **States.—For the purpose of filling for the first time the seat allotted to the State of Sikkim by the** Constitution (Thirty-sixth Amendment) Act, 1975 in the Council of States, the President shall, by a notification published in the Gazette of India, on such date as may be recommended by Election Commission, call upon the elected members of the Legislative Assembly of the State of Sikkim to elect a member in accordance with the provisions of this Act and of the rules and orders made thereunder and the election so held shall for all purposes and intent be deemed to have been held under section 12.] **13. [Notification for reconstitution of electoral colleges of certain Union territories.] Omitted by the** _Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957)._ **14. Notification for general election to the House of the People.—(1) A general election shall be** held for the purpose of constituting a new House of the People on the expiration of the duration of the existing House or on its dissolution. (2) For the said purpose the President shall, by one or more notifications published in the Gazette of India on such date or dates as may be recommended by the Election Commission, call upon all Parliamentary constituencies to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder: Provided that where a general election is held otherwise than on the dissolution of the existing House of the People, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of that House would expire under the provisions of clause (2) of article 83. 3[14A. Notification for electing the representative of the State of Sikkim to the existing House of **the People.—For the purpose of electing a representative of the State of Sikkim to the House of the** People, specified in clause (e) of article 371F of the Constitution, the Election Commission shall call upon the members of the Legislative Assembly of the State of Sikkim to elect the representative in accordance with such of the provisions of this Act, and the rules and orders made thereunder, as are applicable to the election of the members of the Council of States. **15. Notification for general election to a State Legislative Assembly.—(1) A general election shall** be held for the purpose of constituting a new Legislative Assembly on the expiration of the duration of the existing Assembly or on its dissolution. 1. Subs. by Act 40 of 1975, s. 5, for “any disqualification under this Chapter” (w.e.f. 6-8-1975). 2. Subs. by Act 27 of 1956, s. 7, for “PART III” (w.e.f. 28-8-1956). 3. Ins. by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975). 16 ----- (2) For the said purpose, [1][the Governor or Administrator, as the case may be], [2]*** shall, by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission, call upon all Assembly constituencies in the State to elect members in accordance with the provisions of this Act and of the rules and order made thereunder: Provided that where a general election is held otherwise than on the dissolution of the existing Legislative Assembly, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of that Assembly would expire under the provisions of clause (1) of article 172 [2]*** [3][or under the provisions of section 5 of the Government of Union Territories Act, 1963 (20 of 1963), as the case may be]. 4[15A. Notification for certain elections to Legislative Councils.—For the purpose of constituting the Legislative Council of the State of Madhya Pradesh under the State Reorganisation Act, 1956 (37 of 1956) and constituting the Legislative Council of the State of Andhra Pradesh [5][under the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006)], [6][and constituting the Legislative Council of the State of Tamil Nadu under the Tamil Nadu Legislative Council Act, 2010 (16 of 2010)] [7][and constituting the Legislative Council of the State of Telangana under the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014)] the Governor of each of the aforesaid States shall by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission, call upon the members of the Legislative Assembly of the State and all the Council constituencies to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder.] **16. Notification for biennial election to a State Legislative Council.—For the purpose of filling the** seats of members of the Legislative Council of a State retiring on the expiration of their term of office, the Governor [8]*** shall, by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission call upon the members of the Legislative Assembly of the State and all the Council constituencies concerned to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder: Provided that no notification under this section shall be issued more than three months prior to the date on which the term of office of the retiring members is due to expire.] PART IV ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS **19. Definition.—In this Part and in Part V, unless the context otherwise requires, “constituency”** means [9]*** Parliamentary constituency or an Assembly constituency or a Council constituency. 10[19A. Delegation of functions of Election Commission.—The functions of the Election Commission under the Constitution, the Representation of the People Act, 1950 (43 of 1950) and this Act or under the rules made thereunder may, subject to such general or special directions, if any, as may be given by the Election Commission in this behalf, be performed also by a Deputy Election Commissioner or by the Secretary to the Election Commission.] 11[20. General duties of chief electoral officers.—Subject to the superintendence, direction and control of the Election Commission, the chief electoral officer of each State shall supervise the conduct of all elections in the State under this Act. 12[20A. General duties of district election officer.—(1) Subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall co-ordinate and supervise all work in the district or in the area within his jurisdiction in connection with the conduct of all elections to Parliament and the Legislature of the State. 1. Subs. by Act 20 of 1963, s. 57 and the Second Schedule for “the Governor” (w.e.f. 13-5-1963). 2. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956). 3. Added by Act 20 of 1963, s. 57 and the Second Schedule (w.e.f. 13-5-1963). 4. Ins. by Act 37 of 1957, s. 13 (w.e.f. 18-9-1957). 5. Subs. by Act 1 of 2006, s. 5, for “under the Legislative Councils Act, 1957” (w.e.f. 11-1-2006). 6. Ins. by Act 16 of 2010, s. 5 (w.e.f. 18-5-2010). 7. Ins. by Act 6 of 2014, s. 98 (w.e.f. 2-6-2014). 8. The words “or Rajpramukh, as the case may be,” omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956). 9. The words “an electoral college constituency or” omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957). 10. Ins. by Act 47 of 1966, s. 21 (w.e.f. 14-12-1966). 11. Subs. by Act 27 of 1956, s. 9, for sections 20 and 21 (w.e.f. 28-8-1956). 12. Ins. by Act 47 of 1966, s. 22 (w.e.f. 14-12-1966). 17 ----- (2) The district election officer shall also perform such other functions as may be entrusted to him by the Election Commission and the chief electoral officer.] 1[20B. Observers.—(1) The Election Commission may nominate an Observer who shall be an officer of Government to watch the conduct of election or elections in a constituency or a group of constituencies and to perform such other functions as may be entrusted to him by the Election Commission. (2) The Observer nominated under sub-section (1) shall have the power to direct the returning officer for the constituency or for any of the constituencies for which he has been nominated, to stop the counting of votes at any time before the declaration of the result or not to declare the result if in the opinion of the Observer booth capturing has taken place at a large number of polling stations or at places fixed for the poll or counting of votes or any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with to such an extent that the result of the poll at that polling station or place cannot be ascertained. (3) Where an Observer has directed the returning officer under this section to stop counting of votes or not to declare the result, the Observer shall forthwith report the matter to the Election Commission and thereupon the Election Commission shall, after taking all material circumstances into account, issue appropriate directions under section 58A or section 64A or section 66. _Explanation.—For the purposes of sub-section (2) and sub-section (3), “Observer” shall include a_ Regional Commissioner or any such officer of the Election Commission as has been assigned under this section the duty of watching the conduct of election or elections in a constituency or group of constituencies by the Commission.] 2[21. Returning officers.—For every constituency, for every election to fill a seat or seats in the Council of States and for every election by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State, the Election Commission shall, in consultation with the Government of the State, designate or nominate a returning officer who shall be [3][an officer of Government or of a local authority: Provided that nothing in this section shall prevent the Election Commission from designating or nominating the same person to be the returning officer for more than one constituency]. **22. Assistant returning officers.—(1) The Election Commission may appoint one or more persons** to assist any returning officer in the performance of his functions: Provided that every such person shall be [4][an officer of Government or of a local authority]. (2) Every assistant returning officer shall, subject to the control of the returning officer, be competent to perform all or any of the functions of the returning officer: Provided that no assistant returning officer shall perform any of the functions of the returning officer which relate [5]*** to the scrutiny of nominations [6]*** unless the returning officer is unavoidably prevented from performing the said function. **23. Returning officer to include assistant returning officers performing the functions of the** **returning officer.—References in this Act to the returning officer shall, unless the context otherwise** requires, be deemed to include an assistant returning officer performing any function which he is authorised to perform under sub-section (2) of section 22. 1. Ins. by Act 21 of 1996, s. 4 (w.e.f. 1-8-1996). 2. Subs. by Act 27 of 1956, s. 9, for section 21 (w.e.f. 28-8-1956). 2. Subs. by Act 47 of 1966, s. 23, for “an officer of Government” (w.e.f. 14-12-1966). 3. Subs. by s. 24, ibid., for “an officer of Government” (w.e.f. 14-12-1966). 4. Certain words omitted by Act 27 of 1956, s. 10 (w.e.f. 28-8-1956). 5. The words “or to the counting of votes” omitted by s. 10, ibid. (w.e.f. 28-8-1956). 18 ----- **24. General duty of the returning officer.—It shall be general duty of the returning officer at any** election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this Act and rules or orders made thereunder. 1[25. Provision of polling stations for constituencies.—The district election officer shall, with the previous approval of the Election Commission, provide a sufficient number of polling stations for every constituency the whole or greater part of which lies within his jurisdiction, and shall publish, in such manner as the Election Commission may direct, a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided.] **26. Appointment of presiding officers for polling stations.—(1) The [2][district election officer] shall** appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election: Provided that if a polling officer is absent from the polling station, the presiding officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election, to be the polling officer during the absence of the former officer, and inform the [2][district election officer] accordingly: 3[Provided further that nothing in this sub-section shall prevent that 2[district election officer] from appointing the same person to be the presiding officer for more than one polling station in the same premises.] (2) A polling officer shall, if so directed by the presiding officer, perform all or any of the functions of a presiding officer under this Act or any rules or orders made thereunder. (3) If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself from the polling station, his functions shall be performed by such polling officer as has been previously authorised by the [2][district election officer] to perform such functions during any such absence. (4) References in this Act to the presiding officer shall, unless the contest otherwise requires, be deemed to include any person performing any function which he is authorised to perform under sub-section (2) or sub-section (3), as the case may be. 4* * * * * **27. General duty of the presiding officer.—It shall be the general duty of the presiding officer at a** polling station to keep order thereat and to see that the poll is fairly taken. **28. Duties of a polling officer.—It shall be the duty of the polling officers at a polling station to** assist the presiding officer for such station in the performance of his functions. 5[28A. Returning officer, presiding officer, etc., deemed to be on deputation to Election **Commission.—The returning officer, assistant returning officer, presiding officer, polling officer and any** other officer appointed under this Part, and any police officer designated for the time being by the State Government, for the conduct of any election shall be deemed to be on deputation to the Election Commission for the period commencing on and from the date of the notification calling for such election and ending with the date of declaration of the results of such election and accordingly, such officers shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.] **29. Special provisions in the case of certain elections.—(1) The returning officer for an** election [6]*** to fill a seat or seats in the Council of States or for an election by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State shall, with the previous approval of the Election Commission, fix the place at which the poll will be taken for such election and shall notify the place so fixed in such manner as the Election Commission may direct. 1. Subs. by Act 47 of 1966, s. 25, for section 25 (w.e.f. 14-12-1966). 2. Subs. by s. 26, ibid., for “returning officer” (w.e.f. 14-12-1966). 3. Ins. by Act 27 of 1956, s. 12 (w.e.f. 28-8-1956). 4. Omitted by Act 2 of 2004, s. 3 (w.e.f. 29-10-2003). 5. Ins. by Act 1 of 1989, s. 5 (w.e.f. 15-3-1989). 6. The brackets and words “(other than a primary election)” omitted by Act 27 of 1956, s. 13 (w.e.f. 28-8-1956). 19 ----- (2) The returning officer shall preside over such election at the place so fixed and shall appoint such polling officer or officers to assist him as he thinks necessary but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election. 1[PART IVA REGISTRATION OF POLITICAL PARTIES **29A. Registration with the Election Commission of associations and bodies as political** **parties.—(1) Any association or body of individual citizens of India calling itself a political party and** intending to avail itself of the provisions of this Part shall make an application to the Election Commission for its registration as a political party for the purposes of this Act. (2) Every such application shall be made,— (a) if the association or body is in existence at the commencement of the Representation of the People (Amendment) Act, 1988 (1 of 1989), within sixty days next following such commencement; (b) if the association or body is formed after such commencement, within thirty days next following the date of its formation. (3) Every application under sub-section (1) shall be signed by the chief executive officer of the association or body (whether such chief executive officer is known as Secretary or by any other designation) and presented to the Secretary to the Commission or sent to such Secretary by registered post. (4) Every such application shall contain the following particulars, namely:— (a) the name of the association or body; (b) the State in which its head office is situate; (c) the address to which letters and other communications meant for it should be sent; (d) the names of its president, secretary, treasurer and other office-bearers; (e) the numerical strength of its members, and if there are categories of its members, the numerical strength in each category; (f) whether it has any local units; if so, at what levels; (g) whether it is represented by any member or members in either House of Parliament or of any Stale Legislature; if so, the number of such member or members. (5) The application under sub-section (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India. (6) The Commission may call for such other particulars as it may deem fit from the association or body. (7) After considering all the particulars as aforesaid in its possession and any other necessary and relevant factors and after giving the representatives of the association or body reasonable opportunity of being heard, the Commission shall decide either to register the association or body as a political party for the purposes of this Part, or not so to register it; and the Commission shall communicate its decision to the association or body: Provided that no association or body shall be registered as a political party under this sub-section unless the memorandum or rules and regulations of such association or body conform to the provisions of sub-section (5). (8) The decision of the Commission shall be final. 1. Ins. by Act 1 of 1989, s. 6 (w.e.f. 15-6-1989). 20 ----- (9) After an association or body has been registered as a political party as aforesaid, any change in its name, head office, office-bearers, address or in any other material matters shall be communicated to the Commission without delay.] 1[29B. Political parties entitled to accept contribution.—Subject to the provisions of the Companies Act, 1956 (1 of 1956), every political party may accept any amount of contribution voluntarily offered to it by any person or company other than a Government company: Provided that no political party shall be eligible to accept any contribution from any foreign source defined under clause (e) of section 2 of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976). _Explanation.—For the purposes of this section and section 29C,—_ (a) “company” means a company as defined in section 3; (b) “Government company” means a company within the meaning of section 617; and (c) “contribution” has the meaning assigned to it under section 293A, of the Companies Act, 1956 (1 of 1956) and includes any donation or subscription offered by any person to a political party; and (d) “person” has the meaning assigned to it under clause (31) of section 2 of the Income-tax Act, 1961 (43 of 1961), but does not include Government company, local authority and every artificial juridical person wholly or partially funded by the Government. **29C. Declaration of donation received by the political parties.—(1) The treasurer of a political** party or any other person authorised by the political party in this behalf shall, in each financial year, prepare a report in respect of the following namely:— (a) the contribution in excess of twenty thousand rupees received by such political party from any person in that financial year; (b) the contribution in excess of twenty thousand rupees received by such political party from companies other than Government companies in that financial year. 2[Provided that nothing contained in this sub-section shall apply to the contributions received by way of an electoral bond. _Explanation.––For the purposes of this sub-section, “electoral bond” means a bond referred to in_ the Explanation to sub-section (3) of section 31 of the Reserve Bank of India Act, 1934 (2 of 1934).] (2) The report under sub-section (1) shall be in such form as may be prescribed. (3) The report for a financial year under sub-section (1) shall be submitted by the treasurer of a political party or any other person authorised by the political party in this behalf before the due date for furnishing a return of its income of that financial year under section 139 of the Income-tax Act, 1961 (43 of 1961) to the Election Commission. (4) Where the treasurer of any political party or any other person authorised by the political party in this behalf fails to submit a report under sub-section (3) then, notwithstanding anything contained in the Income-tax Act, 1961 (43 of 1961), such political party shall not be entitled to any tax relief under that Act.] PART V CONDUCT OF ELECTIONS CHAPTER I.—Nomination of Candidates 3[30. Appointment of dates for nominations, etc.—As soon as the notification calling upon a constituency to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint— (a) the last date for making nominations, which shall be the [4][seventh day] after the date of publication of the first mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday; (b) the date for the scrutiny of nominations, which shall be [5][the day immediately following] the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; 1. Ins. by Act 46 of 2003, s. 2 (w.e.f. 11-9-2003). 2. Ins. by Act 7 of 2017, s. 137 (w.e.f. 1-4-2017). 3. Subs. by Act 27 of 1956, s. 14, for section 30 (w.e.f. 28-8-1956). 4. Subs. by Act 40 of 1961, s. 7, for “tenth day” (w.e.f. 20-9-1961). 5. Subs. by Act 47 of 1966, s. 27, for “the second day after” (w.e.f. 14-12-1966). 21 ----- (c) the last date for the withdrawal of candidatures, which shall be [1][the second day] after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (d) the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the [2][fourteenth day] after the last date for the withdrawal of candidatures; and (e) the date before which the election shall be completed. 3* * * * * **31. Public notice of election.—On the issue of a notification under section 30, the returning** officer [4]*** shall give public notice of the intended election in such form and manner as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered. **32. Nomination of candidates for election.—Any person may be nominated as a candidate for** election to fill a seat [5]*** if he is qualified to be chosen to fill that seat under the provisions of the Constitution and this Act [6]*** [7][or under the provisions of the Government of Union Territories Act, 1963 (20 of 1963), as the case may be]. 8[33. Presentation of nomination paper and requirements for a valid nomination.—(1) On or before the date appointed under clause (a) of section 30 each candidate shall, either in person or by his proposer, between the hours of eleven O’clock in the forenoon and three O’clock in the afternoon deliver to the returning officer at the place specified in this behalf in the notice issued under section 31 a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as proposer: 9[Provided that a candidate not set up by a recognised political party, shall not be deemed to be duly nominated for election from a constituency unless the nomination paper is subscribed by ten proposers being electors of the constituency: Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday: Provided also that in the case a local authorities’ constituency, graduates’ constituency or teachers’ constituency, the reference to “an elector of the constituency as proposer” shall be construed as a reference to ten per cent. of the electors of the constituency or ten such electors, whichever is less, as proposers.] 10[(1A) Notwithstanding anything contained in sub-section (1), for election to the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Constitution), the nomination paper to be delivered to the returning officer shall be in such form and manner as may be prescribed: Provided that the said nomination paper shall be subscribed by the candidate as assenting to the nomination, and— (a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, also by at least twenty electors of the constituency as proposers and twenty electors of the constituency as seconders; (b) in the case of a seat reserved for Sanghas, also by at least twenty electors of the constituency as proposers and at least twenty electors of the constituency as seconders; 1. Subs. by Act 47 of 1966, s. 27, for “the third day” (w.e.f. 14-12-1966). 2. Subs. by Act 21 of 1996, s. 5, for “twentieth day” (w.e.f. 1-8-1996). 3. The Explanation omitted by Act 47 of 1966, s. 27 (w.e.f. 14-12-1966). 4. The words “for the constituency” omitted by s. 28, ibid. (w.e.f. 14-12-1966). 5. The words “in any constituency” omitted by Act 27 of 1956, s. 15 (w.e.f. 28-8-1956). 6. Certain words, letters and figures omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956). 7. Ins. by Act 20 of 1963, s. 57 and the Second Schedule (w.e.f. 13-5-1963). 8. Subs. by Act 27 of 1956, s. 16, for section 33 (w.e.f. 28-8-1956). 9. Subs. by Act 21 of 1996, s. 6, for the provisos (w.e.f. 1-8-1996). 10. Ins. by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975). 22 ----- (c) in the case of a seat reserved for Sikkimese of Nepali origin, by an elector of the constituency as proposer: Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday.] (2) In a constituency where any seat is reserved, a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is a member and the area in relation to which that caste or tribe is a Scheduled Caste or, as the case may be, a Scheduled Tribe of the State. (3) Where the candidate is a person who, having held any office referred to in [1][section 9] has been dismissed and a period of five years has not elapsed since the dismissal, such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the Election Commission to the effect that he has not been dismissed for corruption or disloyalty to the State. (4) On the presentation of a nomination paper, the returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral rolls: 2[Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood; and the returning officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary, direct that any such misnomer, inaccurate description, clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.] (5) Where the candidate is an elector of a different constituency, a copy of the electoral roll of that constituency or of the relevant part thereof or a certified copy of the relevant entries in such roll shall, unless it has been filed along with the nomination paper, be produced before the returning officer at the time of scrutiny. 3[(6) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper: Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the returning officer for election in the same constituency.] 4[(7) Notwithstanding anything contained in sub-section (6) or in any other provisions of this Act, a person shall not be nominated as a candidate for election,— (a) in the case of a general election to the House of the People (whether or not held simultaneously from all Parliamentary constituencies), from more than two Parliamentary constituencies; (b) in the case of a general election to the Legislative Assembly of a State (whether or not held simultaneously from all Assembly constituencies), from more than two Assembly constituencies in that State; (c) in the case of a biennial election to the Legislative Council of a State having such Council, from more than two Council constituencies in the State; 1. Subs. by Act 38 of 1978, s. 3 and the Second Schedule, for “clause (f) of section 7” (w.e.f. 26-11-1978). 2. Subs. by Act 47 of 1966, s. 29, for the proviso (w.e.f. 14-12-1966). 3. Subs. by Act 40 of 1961, s. 8, for sub-section (6) (w.e.f. 20-9-1961). 4. Ins. by Act 21 of 1996, s. 6 (w.e.f. 1-8-1996). 23 ----- (d) in the case of a biennial election to the Council of States for filling two or more seats allotted to a State, for filling more than two such seats; (e) in the case of bye-elections to the House of the People from two or more Parliamentary constituencies which are held simultaneously, from more than two such Parliamentary constituencies; (f) in the case of bye-elections to the Legislative Assembly of a State from two or more Assembly constituencies which are held simultaneously, from more than two such Assembly constituencies; (g) in the case of bye-elections to the Council of States for filling two or more seats allotted to a State, which are held simultaneously, for filling more than two such seats; (h) in the case of bye-elections to the Legislative Council of a State having such Council from two or more Council constituencies which are held simultaneously, from more than two such Council constituencies. _Explanation.—For the purposes of this sub-section, two or more bye-elections shall be deemed to be_ held simultaneously where the notification calling such bye-elections are issued by the Election Commission under sections 147, 149, 150 or, as the case may be, 151 on the same date.] 1[33A. Right to information.—(1) A candidate shall, apart from any information which he is required to furnish, under this Act or the rules made thereunder, in his nomination paper delivered under sub-section (1) of section 33, also furnish the information as to whether— (i) he is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the court of competent jurisdiction; (ii) he has been convicted of an offence [other than any offence referred to in sub-section (1) or sub-section (2), or covered in sub-section (3), of section 8] and sentenced to imprisonment for one year or more. (2) The candidate or his proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under sub-section (1) of section 33, also deliver to him an affidavit sworn by the candidate in a prescribed form verifying the information specified in sub-section (1). (3) The returning officer shall, as soon as may be after the furnishing of information to him under sub-section (1), display the aforesaid information by affixing a copy of the affidavit, delivered under sub-section (2), at a conspicuous place at his office for the information of the electors relating to a constituency for which the nomination paper is delivered.] 2[33B. Candidate to furnish information only under the Act and the rules.—Notwithstanding anything contained in any judgment, decree or order of any court or any direction, order or any other instruction issued by the Election Commission, no candidate shall be liable to disclose or furnish any such information, in respect of his election which is not required to be disclosed or furnished under this Act or the rules made thereunder.] **34. Deposits.—[3][(1) A candidate shall not be deemed to be duly nominated for election from a** constituency unless he deposits or causes to be deposited,— (a) in the case of an election from a Parliamentary constituency, [4][a sum of twenty-five thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of twelve thousand five hundred rupees]; and (b) in the case of an election from an Assembly or Council constituency, [5][a sum of ten thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of five thousand rupees]: Provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him under this sub-section.] 1. Ins. by Act 72 of 2002, s. 2 (w.e.f. 24-8-2002). 2. Ins. by s. 3, ibid. (w.e.f. 2-5-2002). 3. Subs. by Act 21 of 1996, s. 7, for sub-section (1) (w.e.f. 1-8-1996). 4. Subs. by Act 41 of 2009, s. 5, for certain words (w.e.f. 1-2-2010). 5. Subs. by s. 6, ibid., for certain words (w.e.f. 1-2-2010). 24 ----- (2) Any sum required to be deposited under sub-section (1) shall not be deemed to have been deposited under that sub-section unless at the time of delivery of the nomination paper [1][under sub-section (1) or, as the case may be, sub-section (1A) of section 33] the candidate has either deposited or caused to be deposited that sum with the returning officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the Reserve Bank of India or in a Government Treasury. **35. Notice of nominations and the time and place for their scrutiny.—The returning officer shall,** on receiving the nomination paper [2][under sub-section (1) or, as the case may be, sub-section (1A) of section 33], inform the person or persons delivering the same of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of [3][the proposer]. **36. Scrutiny of nominations.—(1) On the date fixed for the scrutiny of nominations under** section 30, the candidates, their election agents, one proposer [4]*** of each candidate, and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the returning officer may appoint; and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in section 33. (2) The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, [5][reject] any nomination on any of the following grounds:— 6[(a) 7[that on the date fixed for the scrutiny of nominations the candidate] either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely:— Articles 84, 102, 173 and 191, [8]***. 9[Part II of this Act and sections 4 and 14 of the Government of Union Territories Act, 1963 (20 of 1963)] [10]***; or (b) that there has been a failure to comply with any of the provisions of section 33 or section 34; or (c) that the signature of the candidate or the proposer on the nomination paper is not genuine.] (3) Nothing contained in [11][clause (b) or clause (c)] of sub-section (2) shall be deemed to authorise the [12][rejection] of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed. 1. Subs. by Act 10 of 1976, s. 2 and the Schedule, for “under sub-section (1) of section 33” (w.e.f. 9-9-1975). 2. Subs. by s. 2 and the Schedule, ibid., for “under sub-section (1)” (w.e.f. 9-9-1975). 3. Subs. by Act 27 of 1956, s. 18, for certain words (w.e.f. 28-8-1956). 4. The words “and one seconder” omitted by s. 19, ibid. (w.e.f. 28-8-1956). 5. Subs. by s. 19, ibid., for “refuse” (w.e.f. 28-8-1956). 6. Subs. by s. 19, ibid., for clauses (a) to (e) (w.e.f. 28-8-1956). 7. Subs. by Act 40 of 1961, s. 9, for “that the candidate” (w.e.f. 20-9-1961). 8. The word “and” omitted by Act 20 of 1963, s. 57 and the Second Schedule (w.e.f. 13-5-1963). 9. Subs. by s. 57 and the Second Schedule, ibid., for “Part II of this Act” (w.e.f. 13-5-1963). 10. Certain words and figures omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f 1-11-1956). 11. Subs. by Act 27 of 1956, s. 19, for “clause (c), clause (d) or clause (e)” (w.e.f. 28-8-1956). 12. Subs. by s. 19, ibid., for “refusal” (w.e.f. 28-8-1956). 25 ----- (4) The returning officer shall not reject any nomination paper on the ground of any [1]*** defect which is not of a substantial character. (5) The returning officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 30 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control: Provided that in case [2][an objection is raised by the returning officer or is made by any other person] the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings have been adjourned. (6) The returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection. 3[(7) For the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950). (8) Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the returning officer shall prepare a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid, and affix it to his notice board.] **37. Withdrawal of candidature.—(1) Any candidate may withdraw his candidature by a notice in** writing which shall contain such particulars as may be prescribed and shall be subscribed by him and delivered before three O’clock in the afternoon on the day fixed under clause (c) of section 30 to the returning officer either by such candidate in person or by his proposer, [4]*** or election agent who has been authorised in this behalf in writing by such candidate. 5* * * * * (2) No person who has given a notice or withdrawal of his candidature under sub-section (1) shall be allowed to cancel the notice. 6[(3) The returning officer shall, on being satisfied as to the genuineness of a notice or withdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office.] 7[38. Publication of list of contesting candidates.—(1) Immediately after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 37, the returning officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates, that is to say, candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidature within the said period. 8[(2) For the purpose of listing the names under sub-section (1), the candidates shall be classified as follows, namely:— (i) candidates of recognised political parties; (ii) candidates of registered political parties other than those mentioned in clause (i); (iii) other candidates. 1. The word “technical” omitted by Act 27 of 1956, s. 19 (w.e.f. 28-8-1956). 2. Subs. by Act 40 of 1961, s. 9, for “and objection is made” (w.e.f. 20-9-1961). 3. Subs. by Act 27 of 1956, s. 19, for sub-section (7) (w.e.f. 28-8-1956). 4. The word “seconder” omitted by s. 20, ibid. (w.e.f. 28-8-1956). 5. The proviso omitted by s. 20, ibid. (w.e.f. 28-8-1956). 6. Subs. by Act 40 of 1961, s. 10, for sub-section (3) (w.e.f. 20-9-1961). 7. Subs. by Act 27 of 1956, s. 21, for section 38 (w.e.f. 28-8-1956). 8. Subs. by Act 21 of 1966, s. 8, for sub-section (2) (w.e.f. 1-8-1996). 26 ----- (3) The categories mentioned in sub-section (2) shall be arranged in the order specified therein and the names of candidates in each category shall be arranged in alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars as may be prescribed].] 1[39. Nomination of candidates at other elections.—(1) As soon as the notification calling upon the elected members or the members of the Legislative Assembly of a State or the members of the electoral college of a [2][Union territory] to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint— (a) the last date for making nominations, which shall be the [3][seventh day] after the date of publication of the first-mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday; (b) the date for the scrutiny of nominations, which shall be [4][the day immediately following] the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (c) the last date for the withdrawal of candidatures, which shall be [5][the second day] after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (d) the date or dates on which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the seventh day after the last date for the withdrawal of candidatures; and (e) the date before which the election shall be completed. 6* * * * * (2) The provisions of sections 31 to 38, excluding sub-sections (2) and (5) of section 33 and [7][clause (a) of sub-section (1) of section 34], shall apply in relation to any such election as they apply in relation to an election in any constituency: Provided that— (a) any references in the said provisions to the electoral roll of the constituency shall, unless the context otherwise requires, be construed, in the case of an election by the members or the elected members of the Legislative Assembly of the State, as references to the lift of members of elected members, as the case may be, of that Assembly maintained under sub-section (1) of section 152, and in the case of an election by the members of the electoral college of a [2][Union territory], as references to the list of members of such electoral college maintained under sub-section (2) of that section; 8[(aa) the reference in the opening paragraph of sub-section (1) of section 33 to “an elector of the constituency as proposer” shall be construed as a reference to “ten per cent. of the elected members or of the members of the Legislative Assembly of a State or of the members of the electoral college of a Union territory, as the case may be, or ten members concerned, whichever is less, as proposers”: Provided that where as a result of the calculation of the percentage referred to in this clause, the number of members arrived at is a fraction and if the fraction so arrived at is more than one-half it shall be counted as one, and if the fraction so arrived at is less than one half it shall be ignored;] 1. Subs. by Act 27 of 1956, s. 22, for section 39 (w.e.f. 28-8-1956). 2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C State” (w.e.f. 1-11-1956). 3. Subs. by Act 40 of 1961, s. 11, for “tenth day” (w.e.f. 20-9-1961). 4. Subs. by Act 47 of 1966, s. 30, for “the second day after” (w.e.f. 14-12-1966). 5. Subs. by s. 30, ibid., for “the third day” (w.e.f. 14-12-1966). 6. The Explanation omitted by s. 30, ibid., (w.e.f. 14-12-1966). 7. Subs. by Act 58 of 1958, s. 19, for “section 34” (w.e.f. 30-12-1958). 8. Ins. by Act 1 of 1989, s. 8 (w.e.f. 1-4-1989). 27 ----- 1[2[(ab)] in the case of an election to the Legislative Council of a State by the members of the Legislative Assembly of that State, clause (a) of sub-section (2) of section 36 shall be construed as including a reference to sub-clause (d) of clause (3) of article 171;] (b) any references in the said provisions to section 30 shall be construed as references to sub-section (1) of this section; and (c) at the time of presenting the nomination paper, the returning officer may require the person presenting the same to produce either a copy of the electoral roll, or part of the electoral roll, in which the name of the candidate is included or a certified copy of the relevant entries in such roll.] 3[39A. Allocation of equitable sharing of time.—(1) Notwithstanding anything contained in any other law for the time being in force, the Election Commission shall, on the basis of the past performance of a recognised political party, during elections, allocate equitable sharing of time on the cable television network and other electronic media in such manner as may be prescribed to display or propagate any election matter or to address public in connection with an election. (2) The allocation of equitable sharing of time under sub-section (1), in respect of an election, shall be made after the publication of list of contesting candidates under section 38 for the election and shall be valid till forty-eight hours before the hour fixed for poll for such election. (3) The allocation of equitable sharing of time under sub-section (1) shall be binding on all political parties concerned. (4) The Election Commission may, for the purposes of this section, make code of conduct for cable operators and electronic media and the cable operators and every person managing or responsible for the management of the electronic media shall abide by such code of conduct. _Explanation.—For the purposes of this section,—_ (a) “electronic media” includes radio and any other broadcasting media notified by the Central Government in the Official Gazette; (b) “cable television network” and “cable operator” have the meanings respectively assigned to them under the Cable Television Networks (Regulation) Act, 1995 (7 of 1995).] CHAPTER II. CANDIDATES AND THEIR AGENTS 4[40. Election agents.—A candidate at an election may appoint in the prescribed manner any one person other than himself to be his election agent and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the returning officer.] 5[41. Disqualification for being an election agent.—Any person who is for the time being disqualified under the Constitution or under this Act for being a member of either House of Parliament or the House or either House of the Legislature of a State or for voting at elections, shall, so long as the disqualification subsists, also be disqualified for being an election agent at any election.] **42. Revocation of the appointment, or death, of an election agent.—(1) Any revocation of the** appointment of an election agent, [6]*** shall be signed by the candidate, and shall operate from the date on which it is lodged with the returning officer. 7[(2) In the event of such a revocation or of the death of an election agent whether that event occurs before or during the election, or after the election but before the account of the candidate’s election expenses has been lodged in accordance with the provisions of section 78, the candidate may appoint in 1. Ins. by Act 47 of 1966, s. 30 (w.e.f. 14-12-1966). 2. Clause (aa) relettered as clause (ab) by Act 1 of 1989, s. 8 (w.e.f. 1-4-1989). 3. Ins. by Act 46 of 2003, s. 3 (w.e.f. 11-9-2003). 4. Subs. by Act 27 of 1956, s. 23, for section 40 (w.e.f. 28-8-1956). 5. Subs. by Act 47 of 1966, s. 31, for section 41 (w.e.f. 14-12-1966). 6. The words “whether he be the candidate himself or not” omitted by Act 27 of 1956, s. 24 (w.e.f. 28-8-1956). 7. Subs. by s. 24, ibid., for sub-section (2) (w.e.f. 28-8-1956). 28 ----- the prescribed manner another person to be his election agent and when such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.] **43. [Effect of default in appointment of election agent under section 42.]** _Omitted by the_ _Representation of the People (Second Amendment) Act, 1956 (27 of 1956), s. 25 (w.e.f. 28-8-1956)._ **44. [Duty of the election agent to keep accounts.] Omitted by s. 25, ibid. (w.e.f. 28-8-1956).** 1[45. Functions of election agents.—An election agent may perform such functions in connection with the election as are authorised by or under this Act to be performed by an election agent.] 2[46. Appointment of polling agents.—A contesting candidate or his election agent may appoint in the prescribed manner such number of agents and relief agents as may be prescribed to act as polling agents of such candidate at each polling station provided under section 25 or at the place fixed under sub-section (1) of section 29 for the poll.] 3[47. Appointment of counting agents.—A contesting candidate or his election agent may appoint in the prescribed manner one or more persons, but not exceeding such number as may be prescribed, to the present as his counting agent or agents at the counting of votes, and when any such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.] **48. Revocation of the appointment, or death of a polling agent or counting agent.—(1) Any** revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with such officer as may be prescribed, and in the event of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint in the prescribed manner another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment in the prescribed manner to such officer as may be prescribed. (2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the returning officer, and in the event of such revocation or of the death of a counting agent before the commencement of the counting of votes, the candidate or his election agent may appoint in the prescribed manner another counting agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment in the prescribed manner to the returning officer. **49. Functions of polling agents and counting agents.—(1) A polling agent may perform such** functions in connection with the poll as are authorised by or under this Act to be performed by a polling agent. (2) A counting agent may perform such functions in connection with the counting of votes as are authorised by or under this Act to be performed by a counting agent. **50. Attendance of a contesting candidate or his election agent at polling stations, and** **performance by him of the functions of a polling agent or counting agent.—(1) At every election** where a poll is taken, each [4][contesting candidate] at such election and his election agent shall have a right to be present at any polling station provided under section 25 for the taking of the poll or at the place fixed under sub-section (1) of section 29 for the poll. (2) A [4][contesting candidate] or his election agent may himself do any act or thing which any polling agent or the counting agent of such [4][contesting candidate] if appointed, would have been authorised by or under this Act to do, or may assist any polling agent or the counting agent of such [4][contesting candidate] in doing any such act or thing. **51. Non-attendance of polling or counting agents.—Where any act or thing is required or** authorised by or under this Act to be done in the presence of the polling or counting agents, the 1. Subs. by Act 27 of 1956, s. 26, for s. 45 (w.e.f. 28-8-1956). 2. Subs. by s. 27, ibid., for s. 46 (w.e.f. 28-8-1956). 3. Subs. by s. 28, ibid., for s. 47 (w.e.f. 28-8-1956). 4. Subs. by Act 58 of 1958, s. 20, for “candidate” (w.e.f. 30-12-1958). 29 ----- non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done. CHAPTER III. _General Procedure at Elections_ 1[52. Death of a candidate of recognised political party before poll.—(1) If a candidate, set up by a recognised political party,— (a) dies at any time after 11.00 A.M. on the last date for making nomination and his nomination is found valid on scrutiny under section 36; or (b) whose nomination has been found valid on scrutiny under section 36 and who has not withdrawn his candidature under section 37, dies, and in either case, a report of his death is received at any time before the publication of the list of contesting candidate under section 38; or (c) dies as a contesting candidate and a report of his death is received before the commencement of the poll, the returning officer shall, upon being satisfied about the fact of the death of the candidate, by order, announce an adjournment of the poll to a date to be notified later and report the fact to the Election Commission and also to the appropriate authority: Provided that no order for adjourning a poll should be made in a case referred to in clause (a) except after the scrutiny of all the nominations including the nomination of the deceased candidate. (2) The Election Commission shall, on receipt of a report from the returning officer under sub-section (1), call upon the recognised political party, whose candidate has died, to nominate another candidate for the said poll within seven days of issue of such notice to such recognised political party and the provisions of sections 30 to 37 shall, so far as may be, apply in relation to such nomination as they would apply to other nominations: Provided that no person who has given a notice of withdrawal of his candidature under sub-section (1) of section 37 before the adjournment of the poll shall be ineligible for being nominated as a candidate for election after such adjournment. (3) Where a list of contesting candidates had been published under section 38 before the adjournment of the poll under sub-section (1), the returning officer shall again prepare and publish a fresh list of contesting candidates under that section so as to include the name of the candidate who has been validly nominated under sub-section (2). _Explanation.—For the purposes of this section, sections 33 and 38, “recognised political party”,_ means a political party recognised, by the Election Commission under the Election Symbols (Reservation and Allotment) Order, 1968.] **53. Procedure in contested and uncontested elections.—[2][(1) If the number of contesting** candidates is more than the number of seats to be filled, a poll shall be taken.] (2) If the number of such candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats. (3) If the number of such candidates is less than the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be elected and the [3][Election Commission] shall, by notification in the Official Gazette, call upon the constituency or the elected members or the members of 1. Subs. by Act 21 of 1996, s. 9, for section 52 (w.e.f. 1-8-1996). 2. Subs. by Act 27 of 1956, s. 30, for sub-section (1) (w.e.f. 28-8-1956). 3. Subs. by s. 30, ibid., for “appropriate authority” (w.e.f. 28-8-1956). 30 ----- the State Legislative Assembly or the members of the electoral college concerned [1]*** as the case may be, to elect a person or persons to fill the remaining seat or seats [2]***: Provided that where the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college [3]*** having already been called upon under this sub-section, has or have failed to elect a person or the requisite number of persons, as the case may be, to fill the vacancy or vacancies, the [4][Election Commission] shall not be bound to call again upon the constituency, or such members to elect a person or persons [5][until it is satisfied that if called upon again, there will be no such failure on the part of the constituency of such members]. **54. [Special procedure at elections in constituencies where seats are reserved for Scheduled Caste or** _Scheduled Tribes.]_ _Omitted by the Representation of the People (Amendment)_ _Act, 1961 (40_ _of 1961),_ _s. 12_ (w.e.f. 20-9-1961). **55. Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for** **those castes or tribes.—For the avoidance of doubt it is hereby declared that a member of the Scheduled** Castes or of the Scheduled Tribes shall not be disqualified to hold a seat not reserved for members of those castes or tribes, if he is otherwise qualified to hold such seats under the Constitution and this Act [6][or under the Government of Union Territories Act, 1963 (20 of 1963), as the case may be]. **55A. [Retirement from contest at elections in Parliamentary and Assembly constituencies.] Omitted by the** _Representation of the People (Amendment) Act, 1958 (58 of 1958), s. 22 (w.e.f. 30-12-1958)._ CHAPTER IV.—The Poll **56. Fixing time for poll.—The [7][Election Commission] shall fix the hours during which the poll will be** taken; and the hours so fixed shall be published in such manner as may be prescribed: Provided that the total period allotted on any one day for polling at an election in [8][a Parliamentary or Assembly constituency] shall not be less than eight hours. **57. Adjournment of poll in emergencies.—(1) If at an election the proceedings at any polling station** provided under section 25 or at the place fixed under sub-section (1) of section 29 for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause the presiding officer for such polling station or the returning officer presiding over such place, as the case may be, shall announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a presiding officer, he shall forthwith inform the returning officer concerned. (2) Whenever a poll is adjourned under sub-section (1), the returning officer shall immediately report the circumstances to the appropriate authority and the Election Commission, and shall, as soon as may be, with the previous approval of the Election Commission, appoint the day on which the poll shall recommence, and fix the polling station or place at which and the hours during which, the poll will be taken, and shall not count the votes cast at such election until such adjourned poll shall have been completed. (3) In every such case as aforesaid; the returning officer shall notify in such manner as the Election Commission may direct the date, place and hours of polling fixed under sub-section (2). 9[58. Fresh poll in the case of destruction, etc., of ballot boxes.—(1) If at any election,— (a) any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the presiding officer or the returning officer, or is accidentally or intentionally destroyed or 1. The words “or the elected members of the Coorg Legislative Council” omitted by Act 49 of 1951, s. 44 and the Fifth Schedule (w.e.f. 6-9-1951). 2. Certain words omitted by Act 27 of 1956, s. 30 (w.e.f. 28-8-1956). 3. The words “or the elected members of the Coorg Legislative Council” omitted by Act 49 of 1951, s. 44 and the Fifth Schedule (w.e.f. 6-9-1951). 4. Subs. by Act 27 of 1956, s. 30, for “appropriate authority” (w.e.f. 28-8-1956). 5. Subs. by s. 30, ibid., for “until such date as the Election Commission may specify in this behalf” (w.e.f. 28-8-1956). 6. Added by Act 20 of 1963, s. 57 and the second Schedule (w.e.f. 13-5-1963). 7. Subs. by s. 34, ibid., for “appropriate authority” (w.e.f. 28-8-1956). 8. Subs. by Act 58 of 1958, s. 23, for “a Constituency” (w.e.f. 30-12-1958). 9. Subs. by Act 40 of 1961, s. 13, for section 58 (w.e.f. 20-9-1961). 31 ----- lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained; or 1[(aa) any voting machine develops a mechanical failure during the course of the recording of votes; or] (b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll, the returning officer shall forthwith report the matter to the Election Commission. (2) Thereupon the Election Commission shall, after taking all material circumstances into account; either— (a) declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the day so appointed and the hours so fixed in such manner as it may deem fit, or (b) if satisfied that the result of a fresh poll at that polling station or place will not, in anyway, affect the result of the election or that [1][the mechanical failure of the voting machine or] the error or irregularity in procedure is not material, issue such directions to the returning officer as it may deem proper for the further conduct and completion of the election. (3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.] 2[58A. Adjournment of poll or countermanding of election on the ground of booth **capturing.—(1) If at any election,—** (a) booth capturing has taken place at a polling station or at a place fixed for the poll (hereafter in this section referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or (b) booth capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the returning officer shall forthwith report the matter to the Election Commission. (2) The Election Commission shall, on the receipt of a report from the returning officer under sub-section (1) and after taking all material circumstances into account, either— (a) declare that the poll at that polling station or place be void, appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit; or (b) if satisfied that in view of the large number of polling stations or places involved in booth capturing the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such a manner as to affect the result of the election, countermand the election in that constituency. _Explanation.—In this section, “booth capturing” shall have the same meaning as in section 135A.]_ **59. Manner of voting at elections.—At every election where a poll is taken votes shall be given by** ballot in such manner as may be prescribed, [3][and, save as expressly provided by this Act, no votes shall be received by proxy]: 1. Ins. by Act 1 of 1989, s. 9 (w.e.f. 15-3-1989). 2. Ins. by s. 10, ibid. (w.e.f. 15-3-1989). 3. Subs. by Act 24 of 2003, s. 2, for “and no votes shall be received by proxy” (w.e.f. 22-9-2003). 32 ----- 1[Provided that the votes at every election to fill a seat or seats in the Council of States shall be given by open ballot.] 2[60. Special procedure for voting by certain classes of persons.—Without prejudice to the generality of the provisions contained in section 59, provision may be made, by rules made under this Act, for enabling,— (a) any of the persons as is referred to in clause (a) or clause (b) of sub-section (8) of section 20 of the Representation of the People Act, 1950 (43 of 1950) (hereinafter in this section referred to as the 1950 Act) to give his vote either in person or by postal ballot or by proxy, and not in any other manner, at an election in a constituency where poll is taken; (b) any of the following persons to give his vote either in person or by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, namely:— (i) any person as is referred to in clause (c) or clause (d) of sub-section (8) of section 20 of the 1950-Act; (ii) the [3][spouse] of any such person to whom the provisions of sub-section (3) of section 20 of the 1950 Act apply and such [2][spouse] being ordinarily residing with that person in terms of sub-section (6) of that section; (c) any person belonging to a class of persons notified by the Election Commission in consultation with the Government to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken subject to the fulfilment of such requirements as may be specified in those rules; (d) any person subjected to preventive detention under any law for the time being in force to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, subject to the fulfilment of such requirements as may be specified in those rules.] 4[61. Special procedure for preventing personation of electors.—With a view to preventing personation of electors provision may be made by rules made under this Act:— (a) for the making with indelible ink of the thumb or any other finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such paper or papers to him; (b) for the production before the presiding officer or a polling officer of a polling station by every such elector as aforesaid of identity card before the delivery of a ballot paper or ballot papers to him if under rules made in that behalf under the Representation of the People Act, 1950 (43 of 1950), electors of the constituency in which the polling station is situated have been supplied with identity cards with or without their respecting photographs attached thereto; and (c) for prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time such person applies for such paper he has already such a mark on his thumb or any other finger or does not produce on demand his identity card before the presiding officer or a polling officer of the polling station]. 5[61A. Voting machines at elections.—Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify. _Explanation.—For the purpose of this section, “voting machine” means any machine or apparatus_ whether operated electronically or otherwise used for giving or recording of votes and any reference to a 1. Ins. by Act 40 of 2003, s. 3 (w.e.f. 28-8-2003). 2. Subs. by Act 24 of 2003, s. 3, for section 60 (w.e.f. 22-9-2003). 3. Subs. by Act 49 of 2021, s. 6, for “wife” (w.e.f. 1-8-2022), Vide S.O. 2805(E), dated 17[th] June, 2022. 4. Subs. by Act 58 of 1958, s. 25, for section 61 (w.e.f. 30-12-1958). 5. Ins. by Act 1 of 1989, s. 11 (w.e.f. 15-3-1989). 33 ----- ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.] **62. Right to vote.—(1) No person who is not, and except as expressly provided by this Act, every** person who is, for the time being entered in the electoral roll of any constituency shall be entitled to vote in that constituency. (2) No person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 16 of the Representation of the People Act, 1950 (43 of 1950). (3) No person shall vote at a general election in more than one constituency of the same class, and if a person votes in more than one such constituency, his votes in all such constituencies shall be void. (4) No person shall at any election vote in the same constituency more than once, notwithstanding that his name may have been registered in the electoral roll for that constituency more than once, and if he does so vote, all his votes in that constituency shall be void. (5) No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police: Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force. 1[Provided further that by reason of the prohibition to vote under this sub-section, a person whose name has been entered in the electoral roll shall not cease to be an elector.] 2[(6) Nothing contained in sub-sections (3) and (4) shall apply to a person who has been authorised to vote as proxy for an elector under this Act in so far as he votes as a proxy for such elector.] **63. [Method of voting.]** _Omitted by the Representation of the People (Amendment)_ _Act, 1961_ (40 of 1961), s. 14 (w.e.f. 20-9-1961). CHAPTER V. COUNTING OF VOTES **64. Counting of votes.—At every election where a poll is taken, votes shall be counted by or under** the [3][supervision and direction] of, the returning officer, and each [4][contesting candidate], his election agent and his [5][counting agents], shall have a right to be present at the time of counting. 6[64A. Destruction, loss, etc., of ballot papers at the time of counting.—(1) If at any time before the counting of votes is completed any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that polling station or place cannot be ascertained, the returning officer shall forthwith report the matter to the Election Commission. (2) Thereupon, the Election Commission shall, after taking all material circumstances into account, either— (a) direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or (b) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election, issue such directions to the returning officer as it may deem proper for 1. Ins. by Act 29 of 2013, s. 3 (w.e.f. 10-7-2013). 2. Ins. by Act 24 of 2003, s. 4 (w.e.f. 22-9-2003). 3. Subs. by Act 27 of 1956, s. 36, for “supervision” (w.e.f. 28-8-1956). 4. Subs. by Act 58 of 1958, s. 26, for “candidate” (w.e.f. 30-12-1958). 5. Subs. by Act 27 of 1956, s. 36, for “counting agent” (w.e.f. 28-8-1956). 6. Ins. by Act 47 of 1966, s. 34 (w.e.f. 14-12-1966). 34 ----- the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted. (3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such fresh poll as the apply to the original poll.] **65. Equality of votes.—If, after the counting of the votes is completed, an equality of votes is found** to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote. **66. Declaration of results.—When the counting of the votes has been completed, the returning** officer [1][shall, in the absence of any direction by the Election Commission to the contrary, forthwith declare] the result of the election in the manner provided by this Act or the rules made thereunder. **67. Report of the result.—As soon as may be after the result of an election has been declared, the** returning officer shall report the result to the appropriate authority and the Election Commission, and in the case of an election to a House of Parliament or of the Legislature of a State also to the Secretary of that House, and the appropriate authority shall cause to be published in the Official Gazette the declarations containing the names of the elected candidates. 2[67A. Date of election of candidate.—For the purposes of this Act, the date on which candidate is declared by the returning officer under the provisions of section 53, [3]***, [4]***, or section 66, to be elected to a House of Parliament or of the Legislature of a State [5]*** shall be the date of election of that candidate.] CHAPTER VI. MULTIPLE ELECTIONS **68. Vacation of seats when elected to both Houses of Parliament.—(1) Any person who is chosen** a member of both the Houses of the People and the Council of States and who has not taken his seat in either House may, by notice in writing signed by him and delivered to the Secretary to the Election Commission [6][within ten days from the date, or the later of the dates, on which he is so chosen, intimate] in which of the Houses he wishes to serve, and thereupon, his seat in the House in which he does not wish to serve shall become vacant. (2) In default of such intimation within the aforesaid period, his seat in the Council of States shall, at the expiration of that period, become vacant. (3) Any intimation given under sub-section (1) shall be final and irrevocable. 7[(4) For the purposes of this section and of section 69, the date on which a person is chosen to be a member if either House of Parliament shall be in the case of an elected member, the date of his election and in the case of a nominated member, the date of first publication in the Gazette of India of his nomination.] **69. Vacation of seats by persons already members of one House on election to other House of** **Parliament.—(1) If a person who is already a member of the House of the People and has taken his** seat in such House is chosen a member of the Council of States, his seat in the House of the People shall, 8[on the date on which he is so chosen], become vacant. 1. Subs. by Act 47 of 1966, s. 35, for “shall forthwith declare” (w.e.f. 14-12-1966). 2. Ins. by Act 27 of 1956, s. 37 (w.e.f. 28-8-1956). 3. The word and figures “section 54” omitted by Act 40 of 1961, s. 15 (w.e.f. 20-9-1961). 4. The word, figures and letter “section 55A” omitted by Act 58 of 1958, s. 27 (w.e.f. 30-12-1958). 5. Certain words omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957). 6. Subs. by Act 27 of 1956, s. 38, for certain words (w.e.f. 28-8-1956). 7. Ins. by s. 38, ibid. (w.e.f. 28-8-1956). 8. Subs. by s. 39, ibid., for certain words (w.e.f. 28-8-1956). 35 ----- (2) If a person who is already a member of the Council of States and has taken his seat in such Council is chosen a member of the House of the People, his seat in the Council of States shall, [8][on the date on which he is so chosen], become vacant. **70. Election to more than one seat in either House of Parliament or in the House or either** **House of the Legislature of a State.—If a person is elected to more than one seat in either House of** Parliament or in the House or either House of the Legislature of a State, then, unless within the prescribed time he resigns all but one of the seats [1][by writing under his hand addressed to the Speaker or Chairman, as the case may be, or to such other authority or officer as may be prescribed], all the seats shall become vacant. CHAPTER VII. PUBLICATION OF ELECTION RESULT AND NOMINATION 2[71. Publication of results of elections to the Council of States and of names of persons **nominated by the President.—After the elections held in any year in pursuance of the notifications** issued under section 12, there shall be notified by the appropriate authority in the Official Gazette the names of members elected by the elected members of the Legislative Assemblies of the States and by the members of the electoral colleges for the various [3][Union territories] at the said elections together with the name of any persons nominated by the President to the Council of States under sub-clause (a) of clause (1) of article 80 or under any other provisions. **72. [Publication of results of elections for the reconstitution of electoral colleges for certain Union** _territories.] Omitted by the Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957)._ **73. Publication of results of general elections to the House of the People and the State Legislative** **Assemblies and of names of persons nominated thereto.—Where a general election is held for the purpose** of constituting a new House of the People or a new State Legislative Assembly, there shall be notified by [4][the Election Commission] in the Official Gazette, as soon as may be after [5][the results of the elections in all the constituencies] [other than those in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 30 or for which the time for completion of the election has been extended under the provisions of section 153] have been declared by the returning officer under the provisions of section 53 or, as the case may be, section 66, the names of the members elected for those constituencies] [6]*** and upon the issue of such notification that House or Assembly shall be deemed to be duly constituted:— Provided that the issue of such notification shall not be deemed— 7[(a) to preclude— (i) the taking of the poll and the completion of the election in any Parliamentary or Assembly constituency or constituencies in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 30; or (ii) the completion of the election in any Parliamentary or Assembly constituency or constituencies for which time has been extended under the provisions of section 153; or] (b) to affect the duration of the House of the People or the State Legislative Assembly, if any, functioning immediately before the issue of the said notification. 8[73A. Special provisions as to certain elections.—Notwithstanding anything contained in section 73 or in any other provision of this Act, with respect to the general election for the purpose of constituting a New House of the People upon dissolution of the Ninth House of the People,— 1. Ins. by Act 27 of 1956, s. 40 (w.e.f. 28-8-1956). 2. Subs. by s. 41, ibid., for sections 71 to 75 (w.e.f. 28-8-1956). 3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C States” (w.e.f. 1-11-1956). 4. Subs. by Act 40 of 1961, s. 16, for “the appropriate authority” (w.e.f. 20-9-1961). 5. Subs. by Act 10 of 1967, s. 2, for certain words (w.e.f. 11-4-1967). 6. Certain words omitted by Act 40 of 1961, s. 16 (w.e.f. 20-9-1961). 7. Subs. by Act 10 of 1967, s. 2, for clause (a) (w.e.f. 11-4-1967). 8. Subs. by Act 31 of 1991, s. 2, for sections 73A and 73AA (w.e.f. 18-4-1991). 36 ----- (a) the notification under section 73 may be issued without taking into account the Parliamentary constituencies in the State of Jammu and Kashmir; and (b) the Election Commission may take the steps in relation to elections from the Parliamentary constituencies in the State of Jammu and Kashmir separately and in such manner and on such date or dates as it may deem appropriate.] **74. Publication of results of elections to the State Legislative Councils and of names of persons** **nominated to such Councils.—After the elections held** [1][in pursuance of the notifications issued under section 15A or] in any year in pursuance of the notifications issued under section 16, there shall be notified by the appropriate authority in the Official Gazette the names of the members elected for the various Council constituencies and by the members of the Legislative Assembly of the State at the said elections together with the names of any persons nominated by the Governor [2]*** under sub-clause (e) of clause (3) of article 171.] 3[CHAPTER VIIA. DECLARATION OF ASSETS AND LIABILITIES **75A. Declaration of assets and liabilities.—(1) Every elected candidate for a House of Parliament** shall, within ninety days from the date on which he makes and subscribes an oath or affirmation, according to the form set out for the purpose in the Third Schedule to the Constitution, for taking his seat in either House of Parliament, furnish the information, relating to— (i) the movable and immovable property of which he, his spouse and his dependant children are jointly or severally owners or beneficiaries; (ii) his liabilities to any public financial institution; and (iii) his liabilities to the Central Government or the State Government, to the Chairman of the Council of States or the Speaker of the House of the People, as the case may be. (2) The information under sub-section (1) shall be furnished in such form and in such manner as may be prescribed in the rules made under sub-section (3). (3) The Chairman of the Council of States or the Speaker of the House of the People, as the case may be, may make rules for the purposes of sub-section (2). (4) The rules made by the Chairman of the Council of States or the Speaker of the House of the People, under sub-section (3) shall be laid, as soon as may be after they are made, before the Council of States or the House of the People, as the case may be, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and shall take effect upon the expiry of the said period of thirty days unless they are sooner approved with or without modifications or disapproved by the Council of States or the House of the People and where they are so approved, they shall take effect on such approval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved, they shall be of no effect. (5) The Chairman of the Council of States or the Speaker of the House of the People, as the case may be, may direct that any wilful contravention of the rules made under sub-section (3) by an elected candidate for a House of Parliament referred to in sub-section (1) may be dealt with in the same manner as a breach of privilege of the Council of States or the House of the People, as the case may be. _Explanation.—For the purposes of this section,—_ (i) “immovable property” means the land and includes any building or other structure attached to the land or permanently fastened to anything which is attached to the land; (ii) “movable property” means any other property which is not the immovable property and includes corporeal and incorporeal property of every description; 1. Ins. by Act 37 of 1957, s. 13 (w.e.f. 18-9-1957). 2. The words “or Rajpramukha, as the case may be” omitted by the Adaptation of Laws (No.2) Order, 1956 (w.e.f. 1-11-1956). 3. Ins. by Act 72 of 2002, s. 4 (w.e.f. 24-8-2002). 37 ----- (iii) “public financial institution” means a public financial institution within the meaning of section 4A of the Companies Act, 1956 (1 of 1956) and includes bank; (iv) “bank” referred to in clause (iii) means— (a) State Bank of India constituted under section 3 of the State Bank of India Act, 1955 (23 of 1955); (b) subsidiary bank having the meaning assigned to it in clause (K) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959); (c) Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976); (d) corresponding new bank having the meaning assigned to it in clause (da) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); and (e) co-operative bank having the meaning assigned to it in clause (cci) of section 5 of the Banking Regulation Act, 1949 (10 of 1949) as modified by sub-clause (i) of clause (c) of section 56 of that Act; and (v) “dependant children” means sons and daughters who have no separate means of earning and are wholly dependant on the elected candidate referred to in sub-section (1) for their livelihood.] CHAPTER VIII. ELECTION EXPENSES 1[76. Application of Chapter.—This Chapter shall apply only to the elections to the House of the People and to the Legislative Assembly of a State.] **77. Account of election expenses and maximum thereof.—(1) Every candidate at an election shall,** either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent between [2][the date on which he has been nominated] and the date of declaration of the result thereof, both dates inclusive. 3[Explanation 1.—For the removal of doubts, it is hereby declared that— (a) the expenditure incurred by leaders of a political party on account of travel by air or by any other means of transport for propagating programme of the political party shall not be deemed to be the expenditure in connection with the election incurred or authorised by a candidate of that political party or his election agent for the purposes of this sub-section; (b) any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Government and belonging to any of the classes mentioned in clause (7) of section 123 in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the election incurred or authorised by a candidate or by his election agent for the purposes of this sub-section. _Explanation 2.—For the purposes of clause (a) of Explanation 1, the expression “leaders of a political_ party”, in respect of any election, means,— (i) where such political party is a recognised political party, such persons not exceeding forty in number, and 1. Subs. by Act 27 of 1956, s. 42, for sections 76 to 78 (w.e.f. 28-8-1956). 2. Subs. by Act 40 of 1975, s. 6, for certain words (w.r.e.f. 6-8-1975). 3. Subs. by Act 46 of 2003, s. 4, for the Explanations _1 and 3 (w.e.f. 11-9-2003)._ 38 ----- (ii) where such political party is other than a recognised political party, such persons not exceeding twenty in number, whose names have been communicated to the Election Commission and the Chief Electoral Officers of the States by the political party to be leaders for the purposes of such election, within a period of seven days from the date of the notification for such election published in the Gazette of India or Official Gazette of the State, as the case may be, under this Act: Provided that a political party may, in the case where any of the persons referred to in clause (i) or, as the case may be, in clause (ii) dies or ceases to be a member of such political party, by further communication to the Election Commission and the Chief Electoral Officers of the States, substitute new name, during the period ending immediately before forty-eight hours ending with the hour fixed for the conclusion of the last poll for such election, for the name of such person died or ceased to be a member, for the purposes of designating the new leader in his place.] (2) The account shall contain such particular, as may be prescribed. (3) The total of the said expenditure shall not exceed such amount as may be prescribed. **78. Lodging of account with the** **[1][district election officer].—[2][(1)] Every contesting candidate at** an election shall, within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates’ of their election are different, the later of those two dates, lodge with the [1][district election officer] an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 77.] 3* * * * * 4[PART VA FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL PARTIES **78A. Free supply of copies of electoral rolls.—(1) The Government shall, at any election to be held** for the purposes of constituting the House of the People or the Legislative Assembly of a State, supply, free of cost, to the candidates of recognised political parties such number of copies of the electoral roll, as finally published under the Representation of the People Act, 1950 (43 of 1950) and such other material as may be prescribed. (2) The material referred to in sub-section (1) shall be supplied,— (i) subject to such conditions as may be imposed by the Central Government in consultation with the Election Commission with respect to the reduction of the maximum expenditure which may be incurred by the candidate under section 77; and (ii) through such officers as may be specified by the Election Commission who shall act in accordance with such general or special directions as may be given by the Election Commission. **78B. Supply of certain items to candidates, etc.—(1) The Election Commission shall, at any time** between the date of publication of the notification calling the election for the purposes of constituting the House of the People or the Legislative Assembly of a State and the date on which the poll is to be taken, supply or cause to be supplied, such items as the Central Government may, by order, determine in consultation with the Election Commission, to the electors in the constituencies concerned or to the candidates set up by the recognised political parties. (2) Where the Election Commission supplies the items to the candidates under sub-section (1), the Central Government may, in consultation with the Election Commission, impose conditions with respect to the reduction of the maximum expenditure which may be incurred by the candidate under section 77. 1. Subs. by Act 47 of 1966, s. 36, for “returning officer” (w.e.f. 14-12-1966). 2. Section 78 re-numbered as sub-section (1) of that section by,s. 36, ibid. (w.e.f. 14-12-1966). 3. Omitted by Act 2 of 2004, s. 3 (w.e.f. 29-10-2003). 4. Ins. by Act 46 of 2003, s. 5 (w.e.f. 11-9-2003). 39 ----- _Explanation.—For the purposes of section 39A, this Chapter and clause (hh) of sub-section (2) of_ section 169, the expression “recognised political party”, has the meaning assigned to it in the Election Symbols (Reservation and Allotment) Order, 1968.] PART VI DISPUTES REGARDING ELECTIONS CHAPTER I INTERPRETATON **79. Definitions.—In this Part and in [1][Part VII] unless the context otherwise requires,—** 2[(a) any reference to a High Court or to the Chief Justice or Judge of a High Court shall, in relation to a Union territory having a Court of the Judicial Commissioner, be construed as a reference to the said Court of the Judicial Commissioner or to the Judicial Commissioner or any Additional Judicial Commissioner, as the case may be;] 3[(b) “candidate” means a person who has been or claims to have been duly nominated as a candidate at any election;] (c) “costs” means all costs, charges and expenses of, or incidental to, a trial of an election petition; (d) “electoral right” means the right of a person to stand or not to stand as, or [4][to withdraw or not to withdraw] from being, a candidate, or to vote or refrain from voting at an election; 5[(e) “High Court” means the High Court within the local limits of whose jurisdiction the election to which the election petition relates has been held;] (f) “returned candidate” means a candidate whose name has been published under section 67 as duly elected. CHAPTER II. PRESENTATION OF ELECTION PETITIONS TO [6][HIGH COURT] **80. Election petitions.—No election shall be called in question except by an election petition presented in** accordance with the provisions of this Part. 7[80A. High Court to try election petitions.—(1) The Court having jurisdiction to try an election petition shall be the High Court. (2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice, shall, from time to time, assign one or more Judges for that purpose: Provided that where the High Court consists only of one Judge, he shall try all election petitions presented to that Court. (3) The High Court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or partly, at a place other than the place of seat of the High Court.] **81. Presentation of petitions.—(1) An election petition calling in question any election may be presented** on one or more of the grounds specified in [8][sub-section (1)] of section 100 and section 101 to the [6][High Court] by any candidate at such election or any elector [9][within forty-five days from, but not earlier than the date of election of the returned candidate, or if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates]. 1. Subs. by Act 47 of 1966, s. 37, for “Parts VII and VIII” (w.e.f. 14-12-1966). 2. Ins. by s. 37, ibid. (w.e.f. 14-12-1966). 3. Subs. by Act 40 of 1975, s. 7, for clause (b) (w.e.f. 6-8-1975). 4. Subs. by Act 47 of 1966, s. 37, for “to withdraw” (w.e.f. 14-12-1966). 5. Subs. by s. 37, ibid., for clause (e) (w.e.f. 14-12-1966). 6. Subs. by Act 47 of 1966, s. 39, for “Election Commission” (w.e.f. 14-12-1966). 7. Ins. by s. 38, ibid. (w.e.f. 14-12-1966). 8. Subs. by Act 27 of 1956, s. 44, for “sub-sections (1) and (2)” (w.e.f. 28-8-1956). 9. Subs. by s. 44, ibid., for certain words (w.e.f. 28-8-1956). 40 ----- _Explanation.—In this sub-section, “elector” means a person who was entitled to vote at the election to_ which the election petition relates, whether he has voted at such election or not. 1* * * * * 2[(3) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition [3]*** and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.] 4[82. Parties to the petition.—A petitioner shall join as respondents to his petition— (a) where the petitioner, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; and (b) any other candidate against whom allegations of any corrupt practice are made in the petition.] 5[83. Contents of petition.—(1) An election petition— (a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings: 6[Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.] (2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition]. 7[84. Relief that may be claimed by the petitioner.—A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.] **85. [Procedure on receiving petition.]** _Omitted by Representation of the People (Amendment)_ _Act, 1966 (47 of 1966), s. 40 (w.e.f. 14-12-1966)._ CHAPTER III TRIAL OF ELECTION PETITIONS 8[86. Trial of election petitions.—(1) The High Court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117. _Explanation.—An order of the High Court dismissing an election petition under this sub-section shall_ be deemed to be an order made under clause (a) of section 98. (2) As soon as may be after an election petition has been presented to the High Court, it shall be referred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for the trial of election petitions under sub-section (2) of section 80A. 1. Omitted by Act 47 of 1966, s. 39 (w.e.f. 14-12-1966). 2. Ins. by Act 40 of 1961, s. 17 (w.e.f. 20-9-1961). 3. Certain words omitted by Act 47 of 1966, s. 39 (w.e.f. 14-12-1966). 4. Subs. by Act 27 of 1956, s. 45, for section 82 (w.e.f. 28-8-1956). 5. Subs. by s. 46, ibid., for section 83 (w.e.f. 28-8-1956). 6. Ins. by Act 40 of 1961, s. 18 (w.e.f. 20-9-1961). 7. Subs. by Act 27 of 1956, s. 47, for section 84 (w.e.f. 28-8-1956). 8. Subs. by Act 47 of 1966, s. 41, for sections 86 to 92 (w.e.f. 14-12-1966). 41 ----- (3) Where more election petitions than one are presented to the High Court in respect of the same election, all of them shall be referred for trial to the same Judge who may, in his discretion, try them separately or in one or more groups. (4) Any candidate not already a respondent shall, upon application made by him to the High Court within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the High Court, be entitled to be joined as a respondent. _Explanation.—For the purposes of this sub-section and of section 97, the trial of a petition shall be_ deemed to commence on the date fixed for the respondents to appear before the High Court and answer the claim or claims made in the petition. (5) The High Court may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition. (6) The trial of an election petition shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion, unless the High Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. (7) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the High Court for trial. **87. Procedure before the High Court.—(1) Subject to the provisions of this Act and of any rules** made thereunder, every election petition shall be tried by the High Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits: Provided that the High Court shall have the discretion to refuse, for reasons to be recorded in writing, to examine any witness or witnesses if it is of the opinion that the evidence of such witness or witnesses is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings. (2) The provisions of the Indian Evidence Act, 1872 (1 of 1872), shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.] **93. Documentary evidence.—Notwithstanding anything in any enactment to the contrary, no** document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered. **94. Secrecy of voting not to be infringed.—No witness or other person shall be required to state for** whom he has voted at an election: 1[Provided that this section shall not apply to such witness or other person where he has voted by open ballot.] **95. Answering of criminating questions and certificate of indemnity.—(1) No witness shall be** excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture: Provided that— (a) a witness, who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from [2][the High Court]; and 1. Ins. by Act 40 of 2003, s. 4 (w.e.f. 28-8-2003). 2. Subs. by Act 47 of 1966, s. 42, for “the Tribunal” (w.e.f. 14-12-1966). 42 ----- (b) an answer given by a witness to a question put by or before [1][the High Court] shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against in any civil or criminal proceeding. (2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any Court and shall be a full and complete defence to or upon any charge under Chapter IXA of the Indian Penal Code (45 of 1860), or Part VII of this Act arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this Act or any other law. **96. Expenses of witnesses.—The reasonable expenses incurred by any person in attending to give** evidence may be allowed by [1][the High Court] to such person and shall, unless [1][the High Court] otherwise directs, be deemed to be part of the costs. **97. Recrimination when seal claimed.—(1) When in an election petition a declaration that any** candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election: Provided that the returned candidate or such other party, as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of [2][commencement of the trial], given notice to [1][the High Court] of his intention to do so and has also given the security and the further security referred to in sections 117 and 118 respectively. (2) Every notice referred to in sub-section (1) shall be accompanied by the statement and [3]*** particulars required by section 83 in the case of an election petition and shall be signed and verified in like manner. **98. Decision of the High Court.—At the conclusion of the trial of an election petition** 1[the High Court] shall make an order— (a) dismissing the election petition; or (b) declaring the election of [4][all or any of the returned candidates] to be void; or (c) declaring the election of [5][all or any of the returned candidates] to be void and the petitioner or any other candidate to have been duly elected. [5]*** 6* * * * * **99. Other orders to be made by the High Court.—(1) At the time of making an order under** section 98 [1][the High Court] shall also make an order— 7[(a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording— (i) finding whether any corrupt practice has or has not been proved to have been committed [8]*** at the election, and the nature of that corrupt practice; and (ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and] (b) fixing the total amount of cost payable and specifying the persons by and to whom costs shall be paid: 1. Subs. by Act 47 of 1966, s. 42, for “the Tribunal” (w.e.f. 14-12-1966). 2. Subs. by Act 27 of 1956, s. 52, for “the publication of the election petition under section 90” (w.e.f. 28-8-1956). 3. The words “list of” omitted by s. 52, ibid. (w.e.f. 28-8-1956). 4. Subs. by s. 53, ibid., for “the returned candidate” (w.e.f. 28-8-1956). 5. The word “or” omitted by s. 53, ibid. (w.e.f. 28-8-1956). 6. Clause (d) omitted by s. 53, ibid. (w.e.f. 28-8-1956). 7. Subs. by s. 54, ibid., for clause (a) (w.e.f. 28-8-1956). 8. The words “by, or with the consent of, any candidate or his agent” omitted by Act 58 of 1958, s. 29 (w.e.f. 30-12-1958). 43 ----- Provided that [1][a person who is not a party to the petition shall not be named] in the order under sub-clause (ii) of clause (a) unless— (a) he has been given notice to appear before [2][the High Court] and to show cause why he should not be so named; and (b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by [2][the High Court] and has given evidence against him, of calling evidence in his defence and of being heard. 3[(2) In this section and in section 100, the expression “agent” has the same meaning as in section 123.] **100. Grounds for declaring election to be void.—[4][(1) Subject to the provisions of sub-section (2)** if [2][the High court] is of opinion— (a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the Constitution or this Act [5][or the Government of Union Territories Act, 1963 (20 of 1963)]; or (b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or (c) that any nomination has been improperly rejected; or (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected— (i) by the improper acceptance or any nomination, or (ii) by any corrupt practice committed in the interests of the returned candidate [6][by an agent other than his election agent], or (iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or (iv) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act, 2[the High Court] shall declare the election of the returned candidate to be void.] 7[(2)] If in the opinion of 2[the High Court], a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice [8]*** but [2][the High Court] is satisfied— (a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and [9][without the consent], of the candidate or his election agent; 10* * * * * (c) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt [11]*** practices at the election; and (d) that in all other respects the election was free from any corrupt [11]*** practice on the part of the candidate or any of his agents, 1. Subs. by Act 27 of 1956, s. 54, for “no person shall be named” (w.e.f. 28-8-1956). 2. Subs. by Act 47 of 1966, s. 42, for “the Tribunal” (w.e.f. 14-12-1966). 3. Subs. by Act 27 of 1956, s. 54, for sub-section (2) (w.e.f. 28-8-1956). 4. Subs. by s. 55, ibid., for sub-sections (1) and (2) (w.e.f. 28-8-1956). 5. The words “or the Government of part C States Act, 1951 (49 of 1951)” omitted by the A.O. (No. 2) order, 1956 (w.e.f. 1-11-1956). 6. Subs. by Act 58 of 1958, s. 30, for certain words (w.e.f. 30-12-1958). 7. Sub-section (3) re-numbered as sub-section (2) by Act 27 of 1956, s. 55 (w.e.f. 28-8-1956). 8. The words and figures “specified in section 123” omitted by s. 55, ibid. (w.e.f. 28-8-1956). 9. Subs. by s. 55, ibid., for “without the sanction or connivance” (w.e.f. 28-8-1956). 10. Clause (b) omitted by Act 58 of 1958, s. 30 (w.e.f. 30-12-1958). 11. The words “or illegal” omitted by Act 27 of 1956, s. 55 (w.e.f. 28-8-1956). 44 ----- then [2][the High Court] may decide that the election of the returned candidate is not void. **101. Grounds for which a candidate other than the returned candidate may be declared to have** **been elected.—If any person who has lodged a petition has, in addition to calling in question the election** of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and [1][the High Court] is of opinion— (a) that in fact the petitioner or such other candidate received a majority of the valid votes; or (b) that but for the votes obtained by the returned candidate by corrupt [2]*** practices the petitioner or such other candidate would have obtained a majority of the valid votes, 1[the High Court] shall, after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected. **102. Procedure in case of an equality of votes.—If during the trial of an election petition it appears** that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates— (a) any decision made by the returning officer under the provisions of this Act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and (b) in so far as that question is not determined by such a decision [1][the High court] shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote. 3[103. Communication of orders of the High Court.—The High Court shall, as soon as may be after the conclusion of the trial of an election petition, intimate the substance of the decision to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and, as soon as may be thereafter, shall send to the Election Commission an authenticated copy of the decision.] **104. [Difference of opinion among the members of the Tribunal.] Omitted by the Representation of** _the People (Second Amendment) Act, 1956 (27 of 1956), s. 57 (w.e.f. 28-8-1956)._ **105. [Orders of the Tribunal to be final and conclusive.] Omitted by s. 58, ibid. (w.e.f. 28-8-1956).** **106. Transmission of order to the appropriate authority, etc., and its publication.—As soon as** may be after the receipt of any order made by [1][the High Court] under section 98 or section 99, the Election Commission shall forward copies of the order to the appropriate authority and, in the case where such order relates to an election [4]*** to a House of Parliament or to an election to the House or a House of the Legislature of a State, also to the Speaker or Chairman, as the case may be, of the House concerned and [5][shall cause the order to be published— (a) where the order relates to an election to a House of Parliament, in the Gazette of India as well as in the Official Gazette of the State concerned; and (b) where the order relates to an election to the House or a House of the Legislature of the State, in the Official Gazette of the State.] 6[107. Effect of orders of the High Court.—7[(1) Subject to the provisions contained in Chapter IV A relating to the stay of operation of an order of the High Court under section 98 or section 99, every such order shall take effect as soon as it is pronounced by the High Court.] 1. Subs. by Act 47 of 1966, s. 42, for “the Tribunal” (w.e.f. 14-12-1966). 2. The words “or illegal” omitted by Act 27 of 1956, s. 56 (w.e.f. 28-8-1956). 3. Subs. by Act 47 of 1966, s. 43, for s. 103 (w.e.f. 14-12-1966). 4. The brackets and words “(other than a primary election)” omitted by Act 27 of 1956, s. 59 (w.e.f. 28-8-1956). 5. Subs. by s. 59, ibid., for certain words (w.e.f. 28-8-1956). 6. Subs. by Act 47 of 1966, s. 60, for section 107 (w.e.f. 14-12-1966). 7. Subs. by s. 44, ibid., for sub-section (1) (w.e.f. 14-12-1966). 45 ----- (2) Where by an order under section 98 the election of a returned candidate is declared to be void, acts and proceedings in which that returned candidate has, before the date thereof, participated as a member of Parliament or as a member of the Legislature of a State shall not be invalidated by reason of that order, nor shall such candidate be subjected to any liability or penalty on the ground of such participation.] CHAPTER IV WITHDRAWAL AND ABATEMENT OF ELECTION PETITIONS **108. [Withdrawal of petitions before appointment of Tribunal.] Omitted by the Representation of the** _People (Amendment) Act, 1966 (47 of 1966), s. 45 (w.e.f. 14-12-1966)._ 1[109. Withdrawal of election petitions.—(1) An election petition may be withdrawn only by leave of the High Court. (2) Where an application for withdrawal is made under sub-section (1), notice thereof fixing a date for the hearing of the application shall be given to all other parties to the petition and shall be published in the Official Gazette. **110. Procedure for withdrawal of election petitions.—(1) If there are more petitioners than one, no** application to withdraw an election petition shall be made except with the consent of all the petitioners. (2) No application for withdrawal shall be granted if, in the opinion of the High Court, such application has been induced by any bargain or consideration which ought not to be allowed. (3) If the application is granted— (a) the petitioner shall be ordered to pay the costs of the respondents therefore incurred or such portion thereof as the High Court may think fit; (b) the High Court shall direct that the notice of withdrawal shall be published in the Official Gazette and in such other manner as it may specify and thereupon the notice shall be published accordingly; (c) a person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner in place of the party withdrawing, and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High Court may deem fit.] **111. Report of withdrawal by the High Court to the Election Commission.—When an application** for withdrawal is granted by [2][the High Court] and no person has been substituted as petitioner under clause (c) of sub-section (3) of section 110, in place of the party withdrawing, [2][the High Court] shall report the fact to the Election Commission [3][and thereupon the Election Commission shall publish the report in the Official Gazette]. 4[112. Abatement of election petitions.—(1) An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners. (2) Where an election petition abates under sub-section (1), the High Court shall cause the fact to be published in such manner as it may deem fit. (3) Any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions if any, as security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High Court may deem fit.] 1. Subs. by Act 47 of 1966, s. 46, for section 109 and 110 (w.e.f. 14-12-1966). 2. Subs. by s. 47, ibid., for “the Tribunal” (w.e.f. 14-12-1966). 3. Ins. by Act 27 of 1956, s. 61 (w.e.f. 28-8-1956). 4. Subs. by Act 47 of 1966, s. 48, for sections 112 to 115 (w.e.f. 14-12-1966). 46 ----- **116. Abatement or substitution on death of respondent.—If before the conclusion of the trial of an** election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondents dies or gives such notice and there is no other respondent who is opposing the petition, [1][the High Court] shall cause notice of such event to be published in the Official Gazette, and thereupon any person who might have been a petitioner may, within fourteen days of such publication, apply to be substituted in place of such respondent to oppose the petition, and shall be entitled to continue the proceedings upon such terms as [1][the High Court] may think fit. 2[CHAPTER IVA APPEALS 3[116A. Appeals to Supreme Court.—(1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact) from every order made by a High Court under section 98 or section 99. (2) Every appeal under this Chapter shall be preferred within a period of thirty days from the date of the order of the High Court under section 98 or section 99: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period. **116B. Stay of operation of order of High Court.—(1) An application may be made to the High** Court for stay of operation of an order made by the High Court under section 98 or section 99 before the expiration of the time allowed for appealing therefrom and the High Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order; but no application for stay shall be made to the High Court after an appeal has been preferred to the Supreme Court. (2) Where an appeal has been preferred against an order made under section 98 or section 99, the Supreme Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order appealed from. (3) When the operation of an order is stayed by the High Court or, as the case may be, the Supreme Court, the order shall be deemed never to have taken effect under sub-section (1) of section 107; and a copy of the stay order shall immediately be sent by the High Court or, as the case may be, the Supreme Court, to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned. **116C. Procedure in appeal.—(1) Subject to the provisions of this Act and of the rules, if any, made** thereunder, every appeal shall be heard and determined by the Supreme Court as nearly as may be in accordance with the procedure applicable to the hearing and determination of an appeal from any final order passed by a High Court in the exercise of its original civil jurisdiction; and all the provisions of the Code of Civil Procedure, 1908 (5 of 1908), and the Rules of the Court, (including provisions as to the furnishing of security and the execution of any order of the Court) shall, so far as may be, apply in relation to such appeal. (2) As soon as an appeal is decided, the Supreme Court shall intimate the substance of the decision to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and as soon as may be thereafter shall send to the Election Commission an authenticated copy of the decision; and upon its receipt, the Election Commission shall— (a) forward copies thereof to the authorities to which copies of the order of the High Court were forwarded under section 160; and 1. Subs. by Act 47 of 1966, s. 49, for “the Tribunal” (w.e.f. 14-12-1966). 2. Ins. by Act 27 of 1956, s. 62 (w.e.f. 28-8-1956). 3. Subs. by Act 47 of 1966, s. 50, for sections 166A and 116B (w.e.f. 14-12-1966). 47 ----- (b) cause the decision to be published in the Gazette or Gazettes in which that order was published under the said section.]] CHAPTER V COSTS AND SECURITY FOR COSTS 1[117. Security for costs.—(1) at the time of presenting an election petition, the petitioner shall deposit in the High Court in accordance with the rules of the High Court a sum of two thousand rupees as security for the costs of the petition. (2) During the course of the trial of an election petition, the High Court may, at anytime call upon the petitioner to give such further security for costs as it may direct. **118. Security for costs from a respondent.—No person shall be entitled to be joined as a respondent** under sub-section (4) of section 86 unless he has given such security for costs as the High Court may direct. **119. Costs.—Costs shall be in the discretion of the High Court:** Provided that where a petition is dismissed under clause (a) of section 98, the returned candidate shall be entitled to the costs incurred by him in contesting the petition and accordingly the High Court shall make an order for costs in favour of the returned candidate.] **121. Payment of costs out of security deposits and return of such deposits.—(1) If in any order as** to costs under the provisions of this Part there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible out of the security deposit and the further security deposit, if any, made by such party under this part on an application made in writing in that behalf [2][within a period of one year, from the date of such order] to 3[the High Court] by the person in whose favour the costs have been awarded. (2) If there is any balance left of any of the said security deposits after payment under sub-section (1) of the costs referred to in that sub-section, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of [4][one year] the whole of the said security deposits may, on an application made in that behalf in writing to [3][the High Court] by the person by whom the deposits have been made or if such person dies after making such deposits by the legal representative of such person, be returned to the said person or to his legal representative, as the case may be. **122. Execution of orders as to costs.—Any order as to costs under the provisions of this part may be** produced before the principal civil court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business, or where such place is within a presidency-town, before the court of small causes having jurisdiction there, and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit: Provided that where any such costs or any portion thereof may be recovered by an application made under sub-section (1) of section 121, no application shall lie under this section [5][within a period of one year from the date of such order] unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-section owing to the insufficiency of the amount of the security deposits referred to in that sub-section. 1. Subs. by Act 47 of 1966, s. 51, for sections 117, 118, 119, 119A and 120 (w.e.f. 14-12-1966). 2. Subs. by Act 58 of 1958, s. 34, for certain words (w.e.f. 30-12-1958). 3. Subs. by Act 47 of 1966, s. 52, for “the Election Commission” (w.e.f. 14-12-1966). 4. Subs. by act 58 of 1958, s. 34, for “six months” (w.e.f. 30-12-1958). 5. Subs. by s. 35, ibid., for certain words (w.e.f. 30-12-1958). 48 ----- PART VII 1[CORRUPT PRACTICES AND ELECTORAL OFFENCES] 2[CHAPTER I. CORRUPT PRACTICES **123. Corrupt practices.—The following shall be deemed to be corrupt practices for the purposes of** this Act:— 3[(1) “Bribery” that is to say— (A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing— (a) a person to stand or not to stand as, or [4][to withdraw or not to withdraw] from being a candidate at an election, or (b) an elector to vote or refrain from voting at an election, or as a reward to— (i) a person for having so stood or not stood, or for [5][having withdrawn or not having withdrawn] his candidature; or (ii) an elector for having voted or refrained from voting; (B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward— (a) by a person for standing or not standing as, or for [6][withdrawing or not withdrawing] from being, a candidate; or (b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate [3][to withdraw or not to withdraw] his candidature. _Explanation.—For the purposes of this clause the term “gratification” is not restricted to_ pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses _bona fide incurred at, or for the purpose of, any election and duly entered in the account of election_ expenses referred to in section 78.] (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person [7][with the consent of the candidate or his election agent], with the free exercise of any electoral right: Provided that— (a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein who— (i) threatens any candidate or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or 1. Subs. by Act 27 of 1956, s. 65, for the heading “CORRUPT AND ILLEGAL PRACTICES AND ELECTROAL OFFENCES” (w.e.f. 28-8-1956). 2. Subs. by s. 66, ibid., for the heading Chapter I and II (w.e.f. 28-8-1956). 3. Subs. by Act 58 of 1958, s. 36, for clause (1) (w.e.f. 30-12-1958). 4. Subs. by Act 47 of 1966, s. 53, for “to withdraw” (w.e.f. 14-12-1966). 5. Subs. by s. 53, ibid., for “having withdrawn” (w.e.f. 14-12-1966). 6. Subs. by s. 53, ibid., for “withdrawing” (w.e.f. 14-12-1966). 7. Ins. by Act 58 of 1958, s. 36 (w.e.f. 30-12-1958). 49 ----- (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause; (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause. 1[(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate: 2[Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.] (3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.] 3[(3B) The propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of the candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. _Explanation.—For the purposes of this clause, “sati” and “glorification” in relation to_ _sati shall_ have the meanings respectively assigned to them in the Commission of Sati (Prevention) Act, 1987 (3 of 1988)]. (4) The publication by a candidate or his agent or by any other person [4][with the consent of a candidate or his election agent], of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal, [5]*** of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate’s election. (5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessle by a candidate or his agent or by any other person [4][with the consent of a candidate or his election agent] [6][or the use of such vehicle or vessel for the free conveyance] of any elector (other than the candidate himself the members of his family or his agent) to or from any polling station provided under section 25 or a place fixed under sub-section (1) of section 29 for the poll: Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the pupose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause. 1. Subs. by Act 40 of 1961, s. 23, for clause (3) (w.e.f. 20-9-1961). 2. Ins. by Act 40 of 1975, s. 8 (w.e.f. 6-8-1975). 3. Ins. by Act 3 of 1988, s. 19 (w.e.f. 21-3-1988). 4. Ins. by Act 58 of 1958, s. 36 (w.e.f. 30-12-1958). 5. The words “or retirement from contest” omitted by s. 36, ibid. (w.e.f. 30-12-1958). 6. Subs. by Act 47 of 1966, s. 53, “for the conveyance” (w.e.f. 14-12-1966). 50 ----- _Explanation.—In this clause, the expression “vehicle” means any vehicle used or capable of being_ used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (6) The incurring or authorising of expenditure in contravention of section 77. (7) The obtaining or procuring or a betting or attempting to obtain or procure by a candidate or his agent or, by any other person [1][with the consent of a candidate or his election agent], any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate’s election, [2][from any person whether or not in the service of the Government] and belonging to any of the following classes, namely:— (a) gazetted officers; (b) stipendiary judges and magistrates; (c) members of the armed forces of the Union; (d) members of the police forces; (e) excise officers; 3[(f) revenue officers other than village revenue officers known as lambardars malguzars, patels, deshmukhs or by any other name, whose duty is to collect land revenue and who are remunerated by a share of, or commission on, the amount of land revenue collected by them but who do not discharge any police functions; and (g) such other class of persons in the service of the Government as may be prescribed: 4[Provided that where any person, in the service of the Government and belonging to any of the classes aforesaid, in the discharge or puported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the consent of the candidate or his election agent (whether by reason of the office held by the candidate or for any other reason), such arrangements facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate’s election;] 5[(h) class of persons in the service of a local authority, university, government company or institution or concern or undertaking appointed or deputed by the Election Commission in connection with the conduct of elections.] 6[(8) Booth capturing by a candidate or his agent or other person.] _Explanation.—(1) In this section the expression “agent” includes an election agent, a polling agent_ and any person who is held to have acted as an agent in connection with the election with the consent of the candidate. (2) For the purposes of clause (7), a person shall be deemed to assist in the furtherance of the prospects of a candidate’s election if he acts as an election agent [7]*** of that candidate. 8[(3) For the proposes of clause (7), notwithstanding anything contained in any other law, the publication in the Official Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Central Government (including a person serving in connection with the administration of a Union territory) or of a State Government shall be conclusive proof— (i) of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, and 1. Ins. by Act 58 of 1958, s. 36 (w.e.f. 30-12-1958). 2. Subs. by Act 41 of 2009, s. 6, for certain words (w.e.f. 1-2-2010). 3. Subs. by Act 58 of 1958, s. 36, for sub-clause (f) (w.e.f. 30-12-1958). 4. Ins. by Act 40 of 1975, s. 8 (w.e.f. 6-8-1975). 5. Ins. by Act 41 of 2009, s. 6 (w.e.f. 1-2-2010). 6. Ins. by Act 1 of 1989, s. 13 (w.e.f. 15-3-1989). 7. The words “or a polling agent or a counting agent” omitted by Act 47 of 1966, s. 53 (w.e.f. 14-12-1966). 8. Added by Act 40 of 1975, s. 8 (w.e.f. 6-8-1975). 51 ----- (ii) where the date of taking effect of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case of resignation, termination of service, dismissal or removal from service such person ceased to be in such service with effect from the said date.] 1[(4) For the purposes of clause (8), “booth capturing” shall have the same meaning as in section 135A.] CHAPTER III ELECTORAL OFFENCES 2[125. Promoting enmity between classes in connection with election.—Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall he punishable, with imprisonment for a term which may extend to three years, or with fine, or with both.] 3[125A. Penalty for filing false affidavit, etc.—A candidate who himself or through his proposer, with intent to be elected in an election,— (i) fails to furnish information relating to sub-section (1) of section 33A; or (ii) give false information which he knows or has reason to believe to be false; or (iii) conceals any information, in his nomination paper delivered under sub-section (1) of section 33 or in his affidavit which is required to be delivered under sub-section (2) of section 33A, as the case may be, shall, notwithstanding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.] 4[126. Prohibition of public meetings during period of forty-eight hours ending with hour fixed **for conclusion of poll.—** (1) No person shall— (a) convene, hold, attend, join or address any public meeting or procession in connection with an election; or (b) display to the public any election matter by means of cinematograph, television or other similar apparatus; or (c) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto, in any polling area during the period of forty-eight hours ending with the fixed for the conclusion of the poll for any election in the polling area. (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. (3) In this section, the expression “election matter” means any matter intended or calculated to influence or affect the result of an election.] 5[126A. Restriction on publication and dissemination of result of exit polls, etc.—(1) No person shall conduct any exit poll and publish or publicise by means of the print or electronic media or 1. Ins. by Act 1 of 1989, s. 13 (w.e.f. 15-3-1989). 2. Ins. by Act 40 of 1961, s. 24 (w.e.f. 20-9-1961). 3. Ins. by 72 of 2002, s. 5 (w.e.f. 24-8-2002). 4. Subs. by Act 21 of 1996, s. 10, for section 126 (w.e.f. 1-8-1996). 5. Ins. by Act 41 of 2009, s. 7 (w.e.f. 1-2-2010). 52 ----- disseminate in any other manner, whatsoever, the result of any exit poll during such period, as may be notified by the Election Commission in this regard. (2) For the purposes of sub-section (1), the Election Commission shall, by a general order, notify the date and time having due regard to the following, namely:— (a) in case of a general election, the period may commence from the beginning of the hours fixed for poll on the first day of poll and continue till half an hour after closing of the poll in all the States and Union territories; (b) in case of a bye-election or a number of bye-election held together, the period may commence from the beginning of the hours fixed for poll on and from the first day of poll and continue till half an hour after closing of the poll: Provided that in case of a number of bye-elections held together on different days, the period may commence from the beginning of the hours fixed for poll on the first day of poll and continue till half an hour after closing of the last poll. (3) Any person who contravenes the provisions of this section shall be punishable with imprisonment for a term which may extend to two years or with fine or with both. _Explanation.—For the purposes of this section,—_ (a) “exit poll” means an opinion survey respecting how electors have voted at an election or respecting how all the electors have performed with regard to the identification of a political party or candidate in an election; (b) “electronic media” includes internet, radio and television including Internet Protocol Television, satellite, terrestrial or cable channels, mobile and such other media either owned by the Government or private person or by both; (c) “print media” includes any newspaper, magazine or periodical, poster, placard, handbill or any other document; (d) “dissemination” includes publication in any “print media” or broadcast or display on any electronic media. **126B. Offences by companies.—(1) Where an offence under sub-section (2) of section 126A has** been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purpose of this section,—_ (a) “company” means any body corporate, and includes a firm or other association of individuals; and (b) “director” in relation to a firm, means a partner in the firm.] **127. Disturbances at election meetings.—(1) Any person who at a public meeting to which this** section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, [1][shall be punishable with 1. Subs. by Act 1 of 1989, s. 14, for certain words (w.e.f. 15-3-1989). 53 ----- imprisonment for a term which may extend to [1][six months or with fine which may extend to two thousand rupees], or with both.] 2[(1A) An offence punishable under sub-section (1) shall be cognizable.] (2) This section applies to any public meeting of a political character held in any constituency between the date of the issue of a notification under this Act calling upon the constituency to elect a member or members and the date on which such election is held. (3) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the chairman of the meeting, require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant. 3[127A. Restrictions on the printing of pamphlets, posters, etc.—(1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof. (2) No person shall print or cause to be printed any election pamphlet or poster— (a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and (b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document,— (i) where it is printed in the capital of the State, to the Chief Electoral Officer, and (ii) in any other case, to the district magistrate of the district in which it is printed. (3) For the purposes of this section,— (a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression “printer” shall be construed accordingly; and (b) “election pamphlet or poster” means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers. (4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.] **128. Maintenance of Secrecy of voting.—(1) Every officer, clerk, agent or other person who** performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy: 4[Provided that the provisions of this sub-section shall not apply to such officer, clerk, agent or other person who performs any such duty at an election to fill a seat or seats in the Council of States.] (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both. 1. Subs. by Act 21 of 1996, s. 11, for certain words (w.e.f. 1-8-1996). 2. Ins. by s. 11, ibid. (w.e.f. 1-8-1996). 3. Ins. by Act 40 of 1961, s. 26 (w.e.f. 20-9-1961). 4. Ins. by Act 40 of 2003, s. 5 (w.e.f. 28-8-2003). 54 ----- **129. Officers, etc., at elections not to act for candidates or to influence voting.—(1) No person** who is [1][a district election officer or a returning officer], or an assistant returning officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer for the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate. (2) No such person as aforesaid, and no member of a police force, shall endeavour— (a) to persuade any person to give his vote at an election, or (b) to dissuade any person from giving his vote at an election, or (c) to influence the voting of any person at an election in any manner. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment which may extend to six months or with fine or with both. 2[(4) An offence punishable under sub-section (3) shall be cognizable.] **130. Prohibition of canvassing in or near polling stations.—(1) No person shall, on the date or** dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of [3][one hundred metres] of the polling station, namely:— (a) canvassing for votes; or (b) soliciting the vote of any elector, or (c) persuading any elector not to vote for any particular candidate; or (d) persuading any elector not to vote at the election; or (e) exhibiting any notice or sign (other than an official notice) relating to the election. (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees. (3) An offence punishable under this section shall be cognizable. **131. Penalty for disorderly conduct in or near polling stations.—(1) No person shall, on the date** or dates on which a poll is taken at any polling station,— (a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or (b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station. (2) Any person who contravenes, or wilfully aids or abets the contravention of, the provisions of sub-section (1) shall be punishable with imprisonment which may extend to three months or with fine or with both. (3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such parson, and thereupon the police officer shall arrest him. 1. Subs. by Act 47 of 1966, s. 55, for “a returning officer” (w.e.f. 14-12-1966). 2. Ins. by Act 47 of 1966, s. 55 (w.e.f. 14-12-1966). 3. Subs. by s. 56, ibid., for “one hundred yards” (w.e.f. 14-12-1966). 55 ----- (4) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention. **132. Penalty for misconduct at the polling station.—(1) Any person who during the hours fixed for** the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station. (3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both. (4) An offence punishable under sub-section (3) shall be cognizable. 1[132A. Penalty for failure to observe procedure for voting.—If any elector to whom a ballot paper has been issued, refused to observe the procedure prescribed for voting the ballot paper issued to him shall be liable for cancellation.] 2[133. Penalty for illegal hiring or procuring of conveyance at elections.—If any person is guilty of any such corrupt practice as is specified in clause (5) of section 123 at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine.] **134. Breaches of official duty in connection with elections.—(1) If any person to whom this section** applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees. 3[(1A) An offence punishable under sub-section (1) shall be cognizable.] (2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid. (3) The persons to whom this section applies are the [4]*** [5][district election officers, returning officers], assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with [6]*** the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act [4]***. 7[134A. Penalty for Government servants for acting as election agent, polling agent or counting **agent.—If any person in the service of the Government acts as an election agent or a polling agent or a** counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.] 8[134B. Prohibition of going armed to or near a polling station.—(1) No person, other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighbourhood of a polling station. 1. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f. 15-5-1986). 2. Subs. by Act 21 of 1996, s. 12, for section 133 (w.e.f. 1-8-1996). 3. Ins. by Act 47 of 1966, s. 58 (w.e.f. 14-12-1966). 4. Certain words omitted by Act 58 of 1958, s. 37 (w.e.f. 30-12-1958). 5. Subs. by Act 47 of 1966, s. 58, for “returning officers” (w.e.f. 14-12-1966). 6. The words “the preparation of an electoral roll” omitted by Act 58 of 1958, s. 37 (w.e.f. 30-12-1958). 7. Ins. by Act 47 of 1966, s. 59 (w.e.f. 14-12-1966). 8. Ins. by Act 21 of 1996, s. 13 (w.e.f. 1-8-1996). 56 ----- (2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both. (3) Notwithstanding anything contained in the Arms Act, 1959 (54 of 1959), where a person is convicted of an offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have been revoked under section 17 of that Act. (4) An offence punishable under sub-section (2) shall be cognizable.] **135. Removal of ballot papers from polling station to be an offence.—(1) Any person who at any** election [1][unauthorisedly] takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both. (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency. (3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody. (4) An offence punishable under sub-section (1) shall be cognizable. 2[135A. Offence of booth capturing.—3[(1)] Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which [4][shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine]. _Explanation.—For the purposes of [5][this sub-section and section 20B] “booth capturing” includes,_ among other things, all or any of the following activities, namely:— (a) seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other Act which affects the orderly conduct of elections; (b) taking possession of a polling station or a place fixed for the poll by any person or persons, and allowing only his or their own supporters to exercise their right to vote and [4][prevent others from free exercise of their right to vote]; (c) [6][coercing or intimidating or threatening directly or indirectly,] any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote; (d) seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes; (e) doing by any person in the service of Government, of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.] 1. Subs. by Act 21 of 1996, s. 14, for “fraudulently” (w.e.f. 1-8-1996). 2. Ins. by Act 1 of 1989, s. 15 (w.e.f. 15-3-1989). 3. Section 135A renumbered as sub-section (1) thereof by Act 21 of 1996, s. 15 (w.e.f. 1-8-1996). 4. Subs. by s. 15, ibid., for certain words (w.e.f. 1-8-1996). 5. Subs. by s. 15, ibid., for “this section” (w.e.f. 1-8-1996). 6. Subs. by s. 15, ibid., for “threatening” (w.e.f. 1-8-1996). 57 ----- 1[(2) An offence punishable under sub-section (1) shall be cognizable.] 2[135B. Grant of paid holiday to employees on the day of poll.—(1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to the House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday. (2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day. (3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine which may extend to five hundred rupees. (4) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged. **135C. Liquor not to be sold, given or distributed on polling day.—(1) No spirituous, fermented or** intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, tavern, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area. (2) Any person who contravenes the provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to six months or with fine, which may extend to two thousand rupees, or with both. (3) Where a person is convicted of an offence under this section, the spirituous, fermented, or intoxicating liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed of in such manner as may be prescribed.] **136. Other offences and penalties therefor.—(1) A person shall be guilty of an electoral offence if** at any election he— (a) fraudulently defaces or fraudulently destroys any nomination paper; or (b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of returning officer; or (c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelop used in connection with voting by postal ballot; or (d) without due authority supplies any ballot paper to any person [3][or receives any ballot paper from any person or is in possession of any ballot paper]; or (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers than in use for the purposes of the election; or (g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts. (2) Any person guilty of an electoral offence under this section shall,— (a) if he is a returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine or with both; (b) if he is any other person, be punishable with imprisonment for a term which may extend to six months or with fine or with both. 1. Ins. by s. 15, ibid. (w.e.f. 1-8-1996). 2. Ins. by s. 16, ibid. (w.e.f. 1-8-1996). 3. Ins. by Act 27 of 1956, s. 70 (w.e.f. 28-8-1956). 58 ----- (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression “official duty” shall not include any duty imposed otherwise than by or under this Act [1]***. 2[(4) An offence punishable under sub-section (2) shall be cognizable.] **137. [Prosecution regarding certain offences.]** _Omitted by the Representation of the People_ (Amendment) Act, 1966 (47 of 1966), s. 61 (w.e.f. 14-12-1966). **138. [Amendment of Act 5 of 1898.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2** _and the First Schedule (w.e.f. 17-9-1957)._ PART VIII DISQUALIFICATIONS **139—145. [Chapters I to III.]** _Omitted by the Representation of the People_ (Amendment) _Act, 1966 (47 of 1966), s. 62 (w.e.f. 14-12-1966)._ 3[CHAPTER IV.—POWERS OF ELECTION COMMISSION IN CONNECTION WITH INQUIRIES AS _TO DISQUALIFICATIONS OF MEMBERS_ **146. Powers of Election Commission.—(1) Where in connection with the tendering of any opinion** to the President under article 103 or, as the case may be, under sub-section (4) of section 14 of the Government of Union Territories Act, 1963 (20 of 1963), or to the Governor under article 192, the Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document or other material object producible as evidence; (c) receiving evidence on affidavits; (d) requisitioning any public record or a copy thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents. (2) The Commission shall also have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, the subject-matter of the inquiry. (3) The Commission shall be deemed to be a civil court and when any such offence, as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860), is committed in the view or presence of the Commission, the Commission may after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1898 (5 of 1898), forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the Code of Criminal Procedure, 1898 (5 of 1898). (4) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860). 1. Certain words omitted by Act 58 of 1958, s. 38 (w.e.f. 30-12-1958). 2. Subs. by Act 47 of 1966, s. 60, for sub-section (4) (w.e.f. 14-12-1966). 3 Ins. by Act 17 of 1965, s. 2 (w.e.f. 22-9-1965). 59 ----- **146A. Statements made by person to the Election Commission.—No statement made by a person** in the course of giving evidence before the Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: Provided that the statement— (a) is made in reply to a question which he is required by the Commission to answer, or (b) is relevant to the subject-matter of the inquiry. **146B. Procedure to be followed by the Election Commission.—The Election Commission shall** have the power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private). **146C. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding** shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this Chapter or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the President or, as the case may be, to the Governor or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings. PART IX BYE-ELECTIONS **147. Casual vacancies in the Council of States.—[1][(1)] When before the expiration of the term of** office of a member elected to the Council of States, his seat becomes vacant or is declared vacant or his election to the Council of States is declared void, the Election Commission shall by a notification in the Gazette of India call upon the elected members of the Legislative Assembly or the members of the electoral college concerned [2]***, as the case may be, to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy. 3[(2) As soon as may be after the date of commencement of the Constitution (Seventh Amendment) Act, 1956, bye-elections shall be held to fill the vacancies existing on that date in the seats allotted to the States of Assam, Orissa and Uttar Pradesh and the [4][Union territories of Delhi, Himachal Pradesh and Manipur].] **148. [Casual vacancies in the electoral colleges for certain Union territories.] Omitted by the** _Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957)._ **149. Casual vacancies in the House of the People.—(1) When the seat of a member elected to the** House of the People becomes vacant or is declared vacant or his election to the House of the People is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by a notification in the Gazette of India, call upon the parliamentary constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy. (2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the Scheduled Castes or for any Scheduled Tribes, the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the case may be. **150. Casual vacancies in the State Legislative Assemblies.—When the seat of a member elected to** the Legislative Assembly of a State becomes vacant or is declared vacant or his election to the Legislative Assembly is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by 1. Section 147 renumbered as sub-section (1) of that section by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956). 2. The words “or the elected members of the Coorg Legislative Council” omitted by Act 49 of 1951, s. 44 and the Fifth Schedule (w.e.f. 6-9-1951). 3. Ins. by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956). 4. Now the National Capital territory of Delhi and the States of Himachal Pradesh and Manipur. 60 ----- a notification in the Official Gazette, call upon the Assembly constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy. (2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the Scheduled Castes or for any Scheduled Tribes, the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the case may be. **151. Casual vacancies in the State Legislative Councils.—When before the expiration of the term** of office of a member elected to the Legislative Council of a State, his seat becomes vacant or is declared vacant or his election to the Legislative Council is declared void, the Election Commission shall, by a notification in the Official Gazette, call upon the Council constituency concerned or the members of the Legislative Assembly of the State, as the case may be, to elect a person for the purpose of filling the vacancy so caused, before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy. 1[151A. Time limit for filling vacancies referred to in sections 147, 149, 150 **and 151.—Notwithstanding anything contained in section 147, section 149, section 150 and section 151,** a bye-election for filling any vacancy referred to in any of the said sections shall be held within a period of six months from the date of the occurrence of the vacancy: Provided that nothing contained in this section shall apply if— (a) the remainder of the term of a member in relation to a vacancy is less than one year; or (b) the Election Commission in consultation with the Central Government certifies that it is difficult to hold the bye-election within the said period.] PART X MISCELLANEOUS **152. List of members of the State Legislative Assemblies and electoral colleges to be maintained** **by returning officers concerned.—(1) The returning officer for an election by the elected members of** the Legislative Assembly of a State to fill a seat or seats in the Council of States or for an election, by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State shall, for the purposes of such election maintain in his office in the prescribed manner and form a list of elected members or a list of members, as the case may be, of that Legislative Assembly. (2) The returning officer for an election by the members of the electoral college for a [2][Union territory] [3]*** [4]*** to fill a seat or seats in the Council of States shall, for the purposes of such election, maintain in his office in the prescribed manner and form a list of members of that electoral college [4]***. (3) Copies of the lists referred to in sub-sections (1) and (2) shall be made available for sale. 5[153. Extension of time for completion of election.—It shall be competent for the Election Commission for reasons which it considers sufficient, to extend the time for the completion of any election by making necessary amendments in the notification issued by it under section 30 or sub-section (1) of section 39.] **154. Term of office of members of the Council of States.—[6][(1) Subject to the provisions of** sub-sections (2) and (2A), the term of office of a member of the Council of States, other than a member chosen to fill a casual vacancy, shall be six years.] 1. Ins. by Act 21 of 1996, s. 17 (w.e.f. 1-8-1996). 2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C State”(w.e.f. 1-11-1956). 3. The words “or group of such States” omitted by Act 27 of 1956, s. 77 (w.e.f. 28-8-1956). 4. Certain words omitted by Act 49 of 1951, s. 44 and the Fifth Schedule (w.e.f. 6-9-1951). 5. Subs. by Act 27 of 1956, s. 78 for section 153 (w.e.f. 28-8-1956). 6. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for sub-section (1) (w.e.f. 1-11-1956). 61 ----- (2) [1]*** Upon the first constitution of the Council of States the President shall, after consultation with the Election Commission, make by order such provision as he thinks fit for curtailing the term of office of some of the members then chosen in order that, as nearly as may be, one-third of the members holding seats of each class shall retire in every second year thereafter. 2[(2A) In order that, as nearly as may be, one-third of the members may retire on the second day of April, 1958, and on the expiration of every second year thereafter, the President shall, as soon as may be after the commencement of the Constitution (Seventh Amendment) Act, 1956, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the members elected under sub-section (2) of section 147.] (3) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessor’s term of office. **155. Commencement of the term of office of members of the Council of States.—(1) The term of** office of a member of the Council of States whose name is required to be notified in the Official Gazette under section 71 shall begin on the date of such notification. (2) The term of office of a member of the Council of States whose name is not required to be notified under section 71 shall begin on the date of publication in the Official Gazette of the declaration containing the name of such person as elected under section 67 or of the notification issued under sub-clause (a) of clause (1) of article 80 or under any other provision announcing the nomination of such person to the Council of States, as the case may be. **156. Term of office of members of State Legislative Councils.—(1) The term of office of a** member of the Legislative Council of a State, other than a member chosen to fill a casual vacancy, shall be six years, but upon the first constitution of the Council the Governor [3]*** shall, after consultation with the Election Commission, make by order such provision as he thinks fit for curtailing the term of office of some of the members then chosen in order that, as nearly as may be, one-third of the members holding seats of each class shall retire in every second year thereafter. (2) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessor’s term of office. **157. Commencement of the term of office of members of the Legislative Councils.—(1) The term** of office of a member of the Legislative Council of a State whose name is required to be notified in the Official Gazette under [4][section 74] shall begin on the date of such notification. (2) The term of office of a member of the Legislative Council of a State whose name is not required to be notified under [2][section 74] shall begin on the date of publication in the Official Gazette of the declaration containing the name of such person as elected under section 67 or of the notification issued under sub-clause (e) of clause (3) of article 171, announcing the nomination of such person to the Council, as the case may be. 5[158. Return or forfeiture of candidate's deposit.—(1) The deposit made under section 34 or under that section read with sub-section (2) of section 39 shall either be returned to the person making it or his legal representative or be forfeited to the appropriate authority in accordance with the provisions of this section. (2) Except in cases hereafter mentioned in this section, the deposit shall be returned as soon as practicable after the result of the election is declared. (3) If the candidate is not shown in the list of contesting candidates, or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be. 1. Certain words omitted, ibid. (w.e.f. 1-11-1956). 2. Ins. ibid. (w.e.f. 1-11-1956). 3. The words “or the Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No.2) Order, 1956 (w.e.f. 1-11- 1956). 4. Subs. by Act 27 of 1956, s. 79, for “section 75” (w.e.f. 28-8-1956). 5. Subs. by Act 58 of 1958, s. 39, for section 158 (w.e.f. 30-12-1958). 62 ----- (4) Subject to the provisions of sub-section (3), the deposit shall be forfeited if at an election where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one-sixth of the total number of valid votes polled by all the candidates or in the case of election of more than one member at the election, one-sixth of the total number of valid votes so polled divided by the number of members to be elected: Provided that where at an election held in, accordance with the system of proportional representation by means of the single transferable vote, a candidate is not elected, the deposit made by him shall be forfeited if he does not get more than one-sixth of the number of votes prescribed in this behalf as sufficient to secure the return of a candidate. (5) Notwithstanding anything in sub-sections (2), (3) and (4),— (a) if at a general election, the candidate is a contesting candidate in more than one Parliamentary constituency or in more than one assembly constituency, not more than one of the deposits shall be returned, and the other shall be forfeited; (b) if the candidate is a contesting candidate at an election in more than one council constituency or at an election in a Council constituency and at an election by the members of the State Legislative Assembly to fill seats in the Legislative Council, not more than one of the deposits shall be returned, and the others shall be forfeited.] 1[159. Staff of certain authorities to be made available for election work.—(1) The authorities specified in sub-section (2) shall, when so requested by a Regional Commissioner appointed under clause (4) of article 324 or the Chief Electoral Officer of the State, make available to any returning officer such staff as may be necessary for the performance of any duties in connection with an election. (2) The following shall be the authorities for the purposes of sub-section (1), namely:— (i) every local authority; (ii) every university established or incorporated by or under a Central, Provincial or State Act; (iii) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956); (iv) any other institution, concern or undertaking which is established by or under a Central, Provincial or State Act or which is controlled, or financed wholly or substantially by funds provided, directly or indirectly, by the Central Government or a State Government.] **160. Requisitioning of premises, vehicles, etc., for election purposes.—(1) If it appears to the State** Government that in connection with an election held within the State— 2[(a) any premises are needed or are likely to be needed for the purpose of being used as polling stations, for counting, for storage of ballot boxes, voting machines (including voter verifiable paper audit trail) and poll related material after a poll has been taken, accommodation for security forces and polling personnel; or] (b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the Government may by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning: 3[Provided that such premises shall be requisitioned after the issuance of the notification by the Election Commission under section 30 for such election till the date notified under clause (e) thereof: 1. Subs. by Act 12 of 1998, s. 2, for section 159 (w.e.f. 23-12-1997). 2. Subs. by Act 49 of 2021, s. 7, for clause (a) (w.e.f. 1-8-2022). 3. Subs. by s. 7, ibid., for “Provided that” (w.e.f. 1-8-2022). 63 ----- Provided further that] no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election. (2) The requisition shall be effected by an order in writing addressed to the person deemed by the State Government to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed. (3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section. (4) In this, section— (a) “premises” means any land, building or part of a building and includes a hut, shed or other structure or any part thereof; (b) “vehicle” means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise. **161. Payment of compensation.—(1) Whenever in pursuance of section 160 the State Government** requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely:— (i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality; (ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change: Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine: Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the State Government to an arbitrator appointed in this behalf by the Government for determination, and shall be determined in accordance with the decision of such arbitrator. _Explanation.—In this sub-section, the expression “person interested” means the person who was in_ actual possession of the premises requisitioned under section 160 immediately before the requisition, or where no person was in such actual possession, the owner of such premises. (2) Whenever in pursuance of section 160 the State Government requisitions any vehicle, vessel or animal, there shall be paid to the owner thereof compensation the amount of which shall be determined by the State Government on the basis of fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal: Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine: Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire-purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the State Government in this behalf may decide. **162. Power to obtain information.—The State Government may with a view to requisitioning any** property under section 160 or determining the compensation payable under section 161, by order, require 64 ----- any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified. **163. Powers of entry into and inspection of premises, etc.—(1) Any person authorised in this** behalf by the State Government may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 160 should be made in relation to such premises, vehicle, vessel or animal, or with a view to securing compliance with any order made under that section. (2) In this section the expressions “premises” and “vehicle” have the same meanings as in section 160. **164. Eviction from requisitioned premises.—(1) Any person remaining in possession of any** requisitioned premises in contravention of any order made under section 160 may be summarily evicted from the premises by any officer empowered by the State Government in this behalf. (2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction. **165. Release of premises from requisition.—(1) When any premises requisitioned under** section 160 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the State Government to be the owner of such premises, and such delivery of possession shall be a full discharge of the State Government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered. (2) Where the person to whom possession of any premises requisitioned under section 160 is to be given under sub-section (1) cannot be found or is not readily as certainable or has no agent or any other person empowered to accept delivery on his behalf, the State Government shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazette. (3) When a notice referred to in sub-section (2) is published in the Official Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof; and the State Government shall not be liable for any compensation or other claim in respect of such premises for any period after the said date. **166. Delegation of functions of the State Government with regard to requisitioning.—The State** Government may, by notification in the Official Gazette, direct that any powers conferred or any duty imposed on that Government by any of the provisions of sections 160 to 165 shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified. **167. Penalty for contravention of any order regarding requisitioning.—If any person contravenes** any order made under section 160 or section 162, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both. **168. [Special provisions with respect to Rulers of former Indian States.] Omitted by Rulers of Indian** _States (Abolition of Privileges) Act, 1972 (54 of 1972), s. 4 (w.e.f. 9-9-1972)._ 65 ----- PART XI GENERAL **169. Power to make rules.—(1) The Central Government may, after consulting the Election** Commission, by notification in the Official Gazette, make rules[1] for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— 2[(a) the form of affidavit under sub-section (2) of section 33A;] 3[(aa)] the duties of presiding officers and polling officers at polling stations; 4[(aaa) the form of contribution report;] (b) the checking of voters by reference to the electoral roll; 4[(bb) the manner of allocation of equitable sharing of time on the cable television network and other electronic media;] (c) the manner in which votes are to be given both generally and in the case of illiterate voters or voters under physical or other disability; (d) the manner in which votes are to be given by a presiding officer, polling officer, polling agent or any other person, who being an elector for a constituency is authorised or appointed for duty at a polling station at which he is not entitled to vote; (e) the procedure to be followed in respect of the tender of vote by a person representing himself to be an elector after another person has voted as such elector; 5[(ee) the manner of giving and recording of votes by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used;] (f) the procedure as to voting to be followed at elections held in accordance with the system of proportional representation by means of the single transferable vote; (g) the scrutiny and counting of votes including cases in which a recount of the votes may be made before the declaration of the result of the election; 1[(gg) the procedure as to counting of votes recorded by means of voting machines;] (h) the safe custody of [6][ballot boxes, voting machines], ballot papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers; 7[(hh) the material to be supplied by the Government to the candidates of recognised political parties at any election to be held for the purposes of constituting the House of the People or the Legislative Assembly of a State;] (i) any other matter required to be prescribed by this Act. 8[(3) Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or [9][in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made,] the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to validity of anything previously done under the rule.] 1. See the Conduct of Election Rules, 1961. 2. Ins. by Act 72 of 2002, s. 6 (w.e.f. 24-8-2002). 3. Clause (a) renumbered as (aa) by s. 6, ibid. (w.e.f. 24-8-2002). 4. Ins. by Act 46 of 2003, s. 6 (w.e.f. 11-9-2003). 5. Ins. by Act 1 of 1989, s. 16 (w.e.f. 15-3-1989). 6. Subs. by s. 16, ibid., for “ballot boxes” (w.e.f. 15-3-1989). 7. Ins. by Act 46 of 2003, s. 6 (w.e.f. 11-9-2003). 8. Subs. by Act 40 of 1961, s. 29, for sub-section (3) (w.e.f. 20-9-1961). 9. Subs. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 66 ----- **170. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction to question the** legality of any action taken or of any decision given by the returning officer or by any other person appointed under this Act in connection with an election. **171. [Repeal of Act 39 of 1920.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and** _the First Schedule (w.e.f. 17-9-1957)._ 67 -----

1-Sep-1951

47

The Assam (Alteration of Boundaries) Act, 1951

https://www.indiacode.nic.in/bitstream/123456789/1452/1/A1951-47.pdf

central

THE ASSAM (ALTERATION OF BOUNDARIES) ACT, 1951 ____________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title. 2. Alteration of the boundaries of Assam. 3. Amendment of the First Schedule to the Constitution. THE SCHEDULE. 1 ----- THE ASSAM (ALTERATION OF BOUNDARIES) ACT, 1951 ACT NO. 47 OF 1951 [1st September, 1951.] # An Act to alter the boundaries of the State of Assam consequent on the cession of a strip of territory comprised in that State to the Government of Bhutan. BE it enacted by Parliament as follows:— **1. Short title.—This Act may be called the Assam (Alteration of Boundaries) Act, 1951.** **2. Alteration of the boundaries of Assam.—On and from the commencement of this Act, the** territory of the State of Assam shall cease to comprise the strip of territory specified in the Schedule, which shall be ceded to the Government of Bhutan, and the boundaries of the state of Assam shall be deemed to have been altered accordingly. **3. Amendment of the First Schedule to the Constitution.—In the first paragraph of Part A of the** First Schedule to the Constitution, under the heading “TERRITORIES OF STATES”, after the words “Assam Tribal Areas”, the following words shall be inserted, namely:— “but shall not include the territories specified in the Schedule to the Assam (Alteration of Boundaries) Act, 1951”. _______ 2 ----- THE SCHEDULE (See section 2) The strip of territory measuring 32.81 square miles lying to the south of Bhutan within 26[o] 45' and 27[o] North Latitude and 91[o] 15' and 91[o] 45' East Longitude, demarcated on the west, north and east by boundary pillar Nos. 90, 91, 92, 93 and 94 erected in 1930-31, and on the south by boundary pillar Nos. 90, 91, 92, 93 and 94 erected in 1950. ______ 3 -----

17-Oct-1951

54

The Companies (Donations to National Funds) Act, 1951

https://www.indiacode.nic.in/bitstream/123456789/2416/1/a1951__54.pdf

central

# THE COMPANIES (DONATIONS TO NATIONAL FUNDS) ACT, 1951 _________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title and extent. 2. Definitions. 3. Power of companies to make donations to certain National Funds. 4. Repeal of Act 35 of 1948. 1 ----- # THE COMPANIES (DONATIONS TO NATIONAL FUNDS) ACT, 1951 ACT NO. 54 OF 1951[1] [17th October, 1951.] # An Act to enable companies to make donations to National funds. BE it enacted by Parliament as follows:— **1. Short title and extent.—(1) This Act may be called the Companies (Donations to National** Funds) Act, 1951. (2) It extends to the whole of India except the State of Jammu and Kashmir*. **2. Definitions.—In this Act,—** (a) “company” means a company as defined in section 2 of the companies Act, and includes a company deemed to be incorporated and registered under that Act by virtue of section 2B thereof; (b) “the Companies Act” means the Indian Companies Act, 1913 (7 of 1913). **3. Power of companies to make donations to certain National Funds.—Any company may,** notwithstanding anything contained in the companies Act or in any other law for the time being in force regulating the affairs thereof, and notwithstanding that the memorandum or articles of association of the company do not enable it so to do, by an extraordinary resolution passed in accordance with the provisions contained in section 81 of the Companies Act, authorise the making of donations to the Gandhi National Memorial Fund or the Sardar Vallabhbhai National Memorial Fund, or to any other Fund established for a Charitable purpose which by reason of its national importance has been approved by the Central Government for the purposes of this section. 4. [Repeal of Act 35 of 1948.]—Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 _and_ _Schedule I._ 1. Extended to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and Schedule. *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 2 -----

29-Oct-1951

61

The All-India Services Act, 1951

https://www.indiacode.nic.in/bitstream/123456789/1363/1/A1951__61.pdf

central

## THE ALL-INDIA SERVICES ACT, 1951 ________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title. 2. Definition. 2A. Other All-India Services 3. Regulation of recruitment and conditions of service. 4. Continuance of existing rules. 1 ----- ## THE ALL-INDIA SERVICES ACT, 1951 ACT NO. 61 OF 1951 [29th October, 1951.] ## An Act to regulate the recruitment, and the conditions of service of persons appointed, to the All-India Services common to the Union and the States. BE it enacted by Parliament as follows:— **1. Short title.—This Act may be called the All-India Services Act, 1951.** **2. Definition.—In this Act, the expression “an All-India Service” means the service known as the** Indian Administrative Service or the service known as the Indian Police Service, [1][or any other service specified in section 2A]. 2[2A. Other All-India Services.—With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be constituted the following All-India Services and different dates may be appointed for different services, namely:— 1. The Indian Service of Engineers (Irrigation, Power, Buildings and Roads); 2. The Indian Forest Service; 3. The Indian Medical and Health Service.] **3. Regulation of recruitment and conditions of service.—(1) The Central Government may,** after consultation with the Governments of the States concerned, [3]*** [4][and by notification in the Official Gazette]] make rules for the regulation of recruitment, and the conditions of service of persons appointed to an All-India Service. 5 [(1A) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.] 6[(2) Every rule made by the Central Government under this section and every regulation made under or in pursuance of any such rule, shall be laid, as soon as may be after such rule or regulation is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in such rule or regulation or both Houses agree that such rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.] **4. Continuance of existing rules.—All rules in force immediately before the commencement of** this Act and applicable to an All-India Service shall continue to be in force and shall be deemed to be rules made under this Act. 1. Ins. by Act 27 of 1963, s. 2. 2. Ins. by s. 3, ibid. 3.The words “including the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). Earlier ins. by Act 25 of 1958, s. 2. 4. Ins. by Act 19 of 1975, s. 3. 5. Ins. by Act 23 of 1975, s. 2. 6. Subs. by Act 19 of 1975, s. 3, for sub-section (2). 2 -----

31-Oct-1951

65

The Industries (Development and Regulation) Act, 1951

https://www.indiacode.nic.in/bitstream/123456789/2118/3/A1951-65.pdf

central

# THE INDUSTRIES (DEVELOPMENT AND REGULATION) ACT, 1951 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Declaration as to expediency of control by the Union. 3. Definitions. 4. [Omitted.]. CHAPTER II THE CENTRAL ADVISORY COUNCILAND DEVELOPMENT COUNCILS 5. Establishment and constitution of Central Advisory Council and its functions. 6. Establishment and constitution of Development Councils and their functions. 7. Reports and accounts of Development Councils. 8. Dissolution of Development Councils. 9. Imposition of cess on scheduled industries in certain cases. CHAPTER III REGULATION OF SCHEDULED INDUSTRIES 10. Registration of existing industrial undertakings. 10A. Revocation of registration in certain cases. 11. Licensing of new industrial undertakings. 11A. Licence for producing or manufacturing new articles. 11B. Power of Central Government to specify the requirements which shall be complied with by small scale industrial undertakings. 12. Revocation and amendment of licences in certain cases. 13. Further provision for licensing of industrial undertakings in special cases. 14. Procedure for the grant of licence or permission. 15. Power to cause investigation to be made into scheduled industries or industrial undertakings. 15A. Power to investigate into the affairs of a company in liquidation. 16. Powers of Central Government on completion of investigation under section 15. 17. [Omitted.]. 18. Power of person or body of persons appointed under section 15 to call for assistance in any investigation. CHAPTER IIIA DIRECT MANAGEMENT OR CONTROL OF INDUSTRIAL UNDERTAKINGS BY CENTRAL GOVERNMENT IN CERTAIN CASES 18A. Power of Central Government to assume management or control of an industrial undertaking in certain cases. 18AA. Power to take over industrial undertakings without investigation under certain circumstances. 18B. Effect of notified order under section 18A. ----- SECTIONS 18C. Contracts in bad faith, etc., may be cancelled or varied. 18D. No right to compensation for termination of office or contract. 18E. Application of Act 7 of 1913. 18F. Power of Central Government to cancel notified order under section 18A. CHAPTER IIIAA MANAGEMENT OR CONTROL OF INDUSTRIAL UNDERTAKINGS OWNED BY COMPANIES IN LIQUIDATION 18FA. Power of Central Government to authorise, with the permission of the High Court, persons to take over management or control of industrial undertakings. CHAPTER IIIAB POWER TO PROVIDE RELIEF TO CERTAIN INDUSTRIAL UNDERTAKINGS 18FB. Power of Central Government to make certain declarations in relation to industrial undertakings, the management or control of which has been taken over under section 18A, section 18AA or section 18FA. CHAPTER IIIAC LIQUIDATION OR RECONSTRUCTION OF COMPANIES 18FC. Power of Central Government to call for report on the affairs and working of managed company. 18FD. Decision of Central Government in relation to managed Company. 18FE. Provisions where Government decides to follow the course of action specified in section 18FD (1). 18FF. Provisions where Government decides to follow the course of action specified in section 18FD (2). 18FG. Preparation of inventory of assets and liabilities and list of members and creditors of managed company. 18FH. Stay of suits and other proceedings. CHAPTER IIIB CONTROL OF SUPPLY, DISTRIBUTION, PRICE, ETC., OF CERTAIN ARTICLES 18G. Power to control supply, distribution, price, etc., of certain articles. CHAPTER IV MISCELLANEOUS 19. Powers of inspection. 20. General prohibition of taking over management or control of industrial undertakings. 21. Certain administrative expenses of Development Councils to be paid from moneys provided by Parliament. 22. Power of the Central Government to issue directions to Development Council. 23. Decision of Central Government final respecting certain matters. 24. Penalties. 24A. Adjudication. 24B. Appeal. ----- SECTIONS 24C. Recovery. 25. Delegation of powers. 26. Power to issue directions. 27. [Omitted.]. 28. Burden of proof in certain cases. 29. [Omitted.]. 29A. [Omitted.]. 29B. Power to exempt in special cases. 29C. Protection of action taken under the Act. 29D. Debts incurred by the authorised person to have priority. 29E. Validation. 30. Power to make rules. 31. Application of other laws not barred. 32. [Repealed.]. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. ----- # THE INDUSTRIES (DEVELOPMENT AND REGULATION) ACT, 1951 # ACT NO. 65 OF 1951 [31st October, 1951.] # An Act to provide for the development and regulation of certain industries. BE it enacted by Parliament as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Industries (Development** and Regulation) Act, 1951. (2) It extends to the whole of India [1]*** (3) It shall come into force on such date[2] as the Central Government may, by notification in the Official Gazette, appoint. **2. Declaration as to expediency of control by the Union.—It is hereby declared that it is expedient** in the public interest that the Union should take under its control the industries specified in the First Schedule. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Advisory Council” means the Central Advisory Council established under section 5; 3[(aa) “ancillary industrial undertaking” means an industrial undertaking which, in accordance with the proviso to sub-section (1) of section 11B and the requirements specified under that sub-section, is entitled to be regarded as an ancillary industrial undertaking for the purposes of this Act;] 4[ 5[(ab)] “current assets” means bank balances and cash and includes such other assets or reserves as are expected to be realised in cash or sold or consumed within a period of not more than twelve months in the ordinary course of business, such as, stock-in-trade, amounts due from sundry debtorsfor sale of goods and for services rendered, advance tax payments and bills receivable, butdoes not include sums credited to a provident fund, a pension fund, a gratuity fund or any other fund for the welfare of the employees, maintained by a company owning an industrial undertaking; 5[(ac)]“current liabilities” means liabilities which must be met on demand or within a period of twelve months from the date they are incurred; and includes any current liability which is suspended under section 18FB;] (b) “Development Council” means a Development Council established under section 6; 6[(bb) “existing industrial undertaking” means— (a) in the case of an industrial undertaking pertaining to any of the industries specified in the First Schedule as originally enacted, an industrial undertaking which was in existence on the commencement of this Act or for the establishment of which effective steps had been taken before such commencement, and (b) in the case of an industrial undertaking pertaining to any of the industries added to the First Schedule by an amendment thereof, an industrial undertaking which is in existence on 1. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1961, s. 2 (w.e.f. 11-12-1961). 2. 8th May, 1952, vide notification No. S.R.O. 811 (E), dated 8th May, 1952, _see Gazette of India, Extraordinary, Part II,_ sec. 3(i). 15th February, 1962, vide notification No. S.R.O. 458/IDRA/1/1/62 (E), in respect of the State of Jammu and Kashmir, dated 7th February, 1962, _see Gazette of India, Extraordinary, Part II, sec. 3(ii) and this Act has been extended in its_ application to the Union territory Goa, Daman and Diu by the Act 11 of 1963, s. 3 and the Schedule (w.e.f 1-2-1963). 3. Ins. by Act 4 of 1984, s. 2 (w.e.f. 12-1-1984). 4. Ins. by Act 72 of 1971, s. 2 (w.e.f. 1-11-1971). 5. Clauses (aa) and (ab) re-lettered as clause (ab) and (ac) thereof by Act 4 of 1984, s. 2 (w.e.f. 12-1-1984). 6. Ins. by Act 26 of 1953, s. 2 (w.e.f. 1-10-1953). ----- the coming into force of such amendment or for the establishment of which effective steps had been taken before the coming into force of such amendment;] (c) “factory” means any premises, including the precincts thereof, in any part of which a manufacturing process is being carried on or is ordinarily so carried on— (i) with the aid of power, provided that fifty or more workers are working or were working thereon on any day of the preceding twelve months; or (ii) without the aid of power, provided that one hundred or more workers are working or were working thereon on any day of the preceding twelve months and provided further that in no part of such premises any manufacturing process is being carried on with the aid of power; 1[(cc) “High Court” means the High Court having jurisdiction in relation to the place at which the registered office of a company is situate;] (d) “industrial undertaking” means any undertaking pertaining to a scheduled industry carried on in one or more factories by any person or authority including Government; 2[(dd) “new article”, in relation to an industrial undertaking which is registered or in respect of which a licence or permission has been issued under this Act, means— (a) any article which falls under an item in the First Schedule other than the item under which articles ordinarily manufactured or produced in the industrial undertaking at the date of registration or issue of the licence or permission, as the case may be, fall; (b) any article which bears a mark as defined in the Trade Marks Act, 1940 (5 of 1940), or which is the subject of a patent, if at the date of registration or issue of the licence or permission, as the case may be, the industrial undertaking was not manufacturing or producing such article bearing that mark or which is the subject of that patent;] (e) “notified order” means an order notified in the Official Gazette; (f) “owner” in relation to an industrial undertaking means the person who, or the authority which, has the ultimate control over the affairs of the undertaking, and, where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be the owner of the undertaking; (g) “prescribed” means prescribed by rules made under this Act; (h) “Schedule” means a Schedule to this Act; (i) “scheduled industry” means any of the industries specified in the First Schedule; 3[(j) “small scale industrial undertaking” means an industrial undertaking which, in accordance with the requirements specified under sub-section (1) of section 11B, is entitled to be regarded as a small scale industrial undertaking for the purposes of this Act;] 1[4[(k)] words and expressions used herein but not defined in this Act and defined in the Companies Act, 1956 (1 of 1956), have the meanings respectively assigned to them in that Act.] **4. [Saving.]—Omitted by the Industries (Development and Regulation) Amendment Act, 1953 (26 of** 1953), s. 3 (w.e.f. 1-10-1953). CHAPTER II THE CENTRAL ADVISORY COUNCILAND DEVELOPMENT COUNCILS **5. Establishment and constitution of Central Advisory Council and its functions.—(1) For the** purpose of advising it on matters concerning the development and regulation of scheduled industries, the 1. Ins. by Act 72 of 1971, s. 2 (w.e.f. 1-11-1971). 2. Ins. by Act 26 of 1953, s. 2 (w.e.f. 1-10-1953). 3. Ins. by Act 4 of 1984, s. 2 (w.e.f. 1-11-1971). 4. Clause (j) re-lettered as clause (k) thereof by s. 2, ibid. (w.e.f. 12-1-1984). ----- Central Government may, by notified order, establish a Council to be called the Central Advisory Council. (2) The Advisory Council shall consist of a Chairman and such other members, not exceeding thirty in number, all of whom shall be appointed by the Central Government from among persons who are in its opinion capable of representing the interests of— (a) owners of industrial undertakings in scheduled industries; (b) persons employed in industrial undertakings in scheduled industries; (c) consumers of goods manufactured or produced by scheduled industries; (d) such other class of persons including primary producers, as in the opinion of the Central Government, ought to be represented on the Advisory Council. (3) The term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, members of the Advisory Council, shall be such as may be prescribed. (4) The Central Government shall consult the Advisory Council in regard to— (a) the making of any rules, other than the first rules to be made under sub-section (3); 1* - - - and may consult the Advisory Council in regard to any other matter connected with the administration of this Act in respect of which the Central Government may consider it necessary to obtain the advice of the Advisory Council. **6. Establishment and constitution of Development Councils and their functions.—(1) The** Central Government may, by notified order establish for any scheduled industry or group of scheduled industries, a body of persons to be called a Development Council which shall consist of members who in the opinion of the Central Government are— (a) persons capable of representing the interests of owners of industrial undertakings in the scheduled industry or group of scheduled industries; (b) persons having special knowledge of matters relating to the technical or other aspects of the scheduled industry or group of scheduled industries; (c) persons capable of representing the interests of persons employed in industrial undertakings in the scheduled industry or group of scheduled industries; (d) persons not belonging to any of the aforesaid categories, who are capable of representing the interests of consumers of goods manufactured or produced by the scheduled industry or group of scheduled industries. (2) The number and the term of office of, and the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among members of a Development Council shall be such as may be prescribed. (3) Every Development Council shall be, by virtue of this Act, a body corporate by such name as may be specified in the notified order establishing it and may hold and transfer property and shall by the said name sue and be sued. (4) A Development Council shall perform such functions of a kind specified in the Second Schedule as may be assigned to it by the Central Government and for whose exercise by the Development Council it appears to the Central Government expedient to provide in order to increase the efficiency or productivity in the scheduled industry or group of scheduled industries for which the Development Council is established, to improve or develop the service that such industry or group of industries renders 1. Omitted by Act 26 of 1953, s. 4 (w.e.f. 1-10-1953). ----- or could render to the community, or to enable such industry or group of industries to render such service more economically. (5) A Development Council shall also perform such other functions as it may be required to perform by or under any other provision of this Act. **7. Reports and accounts of Development Councils.—(1) A Development Council shall prepare and** transmit to the Central Government and the Advisory Council, annually, a report setting out what has been done in the discharge of its functions during the financial year last completed. (2) The report shall include a statement of the accounts of the Development Council for that year, and shall be transmitted as soon as accounts therefor have been audited, together with a copy of any report made by the auditors on the accounts. (3) The statement of account shall be in such form as may be prescribed, being a form which shall conform to the best commercial standards, and the statement shall show the total of remuneration and allowances paid during the year to members and officers of the Council. (4) A copy of each such report of a Development Council, or made by the auditors on its accounts, shall be laid before Parliament by the Central Government. **8. Dissolution of Development Councils.—(1) The Central Government may, if it is satisfied that a** Development Council should cease to continue in being, by notified order, dissolve that Development Council. (2) On the dissolution of a Development Council under sub-section (1), the assets of the Development Council, after its liabilities, if any, are met therefrom, shall vest in the Central Government for the purposes of this Act. **9. Imposition of cess on scheduled industries in certain cases.—(1) There may be levied and** collected as a cess for the purposes of this Act on all goods manufactured or produced in any such scheduled industry as may be specified in this behalf by the Central Government by notified order a duty of excise at such rate as may be specified in the notified order, and different rates may be specified for different goods or different classes of goods: Provided that no such rate shall in any case exceed two annas per cent. of the value of the goods. _Explanation.—In this sub-section, the expression “value” in relation to any goods shall be deemed to_ be the wholesale cash price for which such goods of the like kind and quality are sold or are capable of being sold for delivery at the place of manufacture and at the time of their removal therefrom, without any abatement or deduction whatever except trade discount and the amount of duty then payable. (2) The cess shall be payable at such intervals, within such time and in such manner as may be prescribed, and any rules made in this behalf may provide for the grant of a rebate for prompt payment of the cess. (3) The said cess may be recovered in the same manner as an arrear of land revenue. (4) The Central Government may hand over the proceeds of the cess collected under this section in respect of the goods manufactured or produced by any scheduled industry or group of scheduled industries to the Development Council established for that industry or group of industries, and where it does so, the Development Council shall utilise the said proceeds— (a) to promote scientific and industrial research with reference to the scheduled industry or group of scheduled industries in respect of which the Development Council is established; (b) to promote improvements in design and quality with reference to the products of such industry or group of industries; (c) to provide for the training of technicians and labour in such industry or group of industries; ----- (d) to meet such expenses in the exercise of its functions and its administrative expenses as may be prescribed. CHAPTER III REGULATION OF SCHEDULED INDUSTRIES **10. Registration of existing industrial undertakings.—[1][(1) The owner of every existing industrial** undertaking, not being the Central Government, shall, within such period as the Central Government may, by notification in the Official Gazette, fix in this behalf with respect to industrial undertakings generally or with respect to any class of them, register the undertaking in the prescribed manner.] (2) The Central Government shall also cause to be registered in the same manner every existing industrial undertaking of which it is the owner. 2[(3) Where an industrial undertaking is registered under this section, there shall be issued to the owner of the undertaking or the Central Government, as the case may be, a certificate of registration 3[containing the productive capacity of the industrial undertaking and such other particulars as may be prescribed].] 4[4) The owner of every industrial undertaking to whom a certificate of registration has been issued under this section before the commencement of the Industries (Development and Regulation) Amendment Act, 1973 (67 of 1973), shall, if the undertaking falls within such class of undertakings as the Central Government may, by notification in the Official Gazette, specify in this behalf, produce, within such period as may be specified in such notification, the certificate of registration for entering therein the productive capacity of the industrial undertaking and other prescribed particulars. (5) In specifying the productive capacity in any certificate of registration issued under sub-section (3), the Central Government shall take into consideration the productive or installed capacity of the industrial undertaking as specified in the application for registration made under sub-section (1), the level of production immediately before the date on which the application for registration was made under subsection (1), the level of the highest annual production during the three years immediately preceding the introduction in Parliament of the Industries (Development and Regulation) Amendment Bill, 1973, the extent to which production during the said period was utilised for export and such other factors as the Central Government may consider relevant including the extent of under-utilisation of capacity, if any, during the relevant period due to any cause.] 5[10A. Revocation of registration in certain cases.—If the Central Government is satisfied that the registration of any industrial undertaking has been obtained by misrepresentation as to an essential fact or that any industrial undertaking has ceased to be registrable under this Act by reason of any exemption granted under this Act becoming applicable thereto or that for any other reason the registration has become useless or ineffective and therefore requires to be revoked, the Central Government may after giving an opportunity to the owner of the undertaking to be heard revoke the registration.] **11. Licensing of new industrial undertakings.—(1) No person or authority other than the Central** Government, shall, after the commencement of this Act, establish any new industrial undertaking, except under and in accordance with a licence issued in that behalf by the Central Government: Provided that a Government other than the Central Government may, with the previous permission of the Central Government, establish a new industrial undertaking. (2) A licence or permission under sub-section (1) may contain such conditions including, in particular, conditions as to the location of the undertaking and the minimum standards in respect of size to 1. Subs. by Act 26 of 1953, s. 5, for sub-section (1) (w.e.f. 1-10-1953). 2. Ins. by s. 5, ibid. (w.e.f. 1-10-1953). 3. Subs. by Act 67 of 1973, s. 2, for “containing such particulars as may be prescribed” (w.e.f. 7-2-1974). 4. Ins. by s. 2, ibid. (w.e.f. 7-2-1974). 5. Ins. by Act 26 of 1953, s. 6 (w.e.f. 1-10-1953). ----- be provided therein as the Central Government may deem fit to impose in accordance with the rules, if any, made under section 30. 1[11A. Licence for producing or manufacturing new articles.—The owner of an industrial undertaking not being the Central Government which is registered under section 10 or in respect of which a licence or permission has been issued under section 11 shall not produce or manufacture any new article unless— (a) in the case of an industrial undertaking registered under section 10, he has obtained a licence for producing or manufacturing such new article; and (b) in the case of an industrial undertaking in respect of which a licence or permission has been issued under section 11, he has had the existing licence or permission amended in the prescribed manner.] 2[11B. Power of Central Government to specify the requirements which shall be complied with **by small scale industrial undertakings.—(1) The Central Government may, with a view to ascertaining** which ancillary and small scale industrial undertakings need supportive measures, exemptions or other favourable treatment under this Act to enable them to maintain their viability and strength and so as to be effective in— (a) promoting in a harmonious manner the industrial economy of the country and easing the problem of unemployment, and (b) securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good, specify, having regard to the factors mentioned in sub-section (2), by notified order, the requirements which shall be complied with by an industrial undertaking to enable it to be regarded, for the purposes of this Act, as an ancillary, or a small scale, industrial undertaking and different requirements may be so specified for different purposes or with respect to industrial undertakings engaged in the manufacture or production of different articles: Provided that no industrial undertaking shall be regarded as an ancillary industrial undertaking unless it is, or is proposed to be, engaged in— (i) the manufacture of parts, components, sub-assemblies, toolings or intermediates; or (ii) rendering of services, or supplying or rendering, not more than fifty per cent. of its production or its total services, as the case may be, to other units for production of other articles. (2) The factors referred to in sub-section (1) are the following, namely:— (a) the investment by the industrial undertaking in— (i) plant and machinery, or (ii) land, buildings, plant and machinery; (b) the nature of ownership of the industrial undertakings; (c) the smallness of the number of the workers employed in the industrial undertaking; (d) the nature, cost and quality of the product of the industrial undertaking; (e) foreign exchange, if any, required for the import of any plant or machinery by the industrial undertaking; and (f) such other relevant factors as may be prescribed. (3) A copy of every notified order proposed to be made under sub-section (1) shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the proposed notified order or both Houses agree in making any modification in 1. Ins. by Act 26 of 1953, s. 7 (w.e.f. 1-10-1953). 2. Ins. by Act 4 of 1984, s. 3 (w.e.f. 12-1-1984). ----- the proposed notified order, the notified order shall not be made, or, as the case may be, shall be made only in such modified form as may be agreed upon by both the Houses. (4) Notwithstanding anything contained in sub-section (1), an industrial undertaking which, according to the law for the time being in force, fell, immediately before the commencement of the Industries (Development and Regulation) Amendment Act, 1984 (4 of 1984), under the definition of an ancillary, or small scale, industrial undertaking, shall, after such commencement, continue to be regarded as an ancillary, or small scale, industrial undertaking for the purposes of this Act until the definition aforesaid is altered or superseded by any notified order made under sub-section (1).] **12. Revocation and amendment of licences in certain cases.—(1) If the Central Government is** satisfied, either on a reference made to it in this behalf or otherwise, that any person or authority, to whom or to which, a licence has been issued under section 11, has, without reasonable cause, failed to establish or to take effective steps to establish the new industrial undertaking in respect of which the licence has been issued within the time specified therefor or within such extended time as the Central Government may think fit to grant in any case, it may revoke the licence. (2) Subject to any rules that may be made in this behalf, the Central Government may also vary or amend any licence issued under section 11: Provided that no such power shall be exercised after effective steps have been taken to establish the new industrial undertaking in accordance with the licence issued in this behalf. 1[(3) The provisions of this section shall apply in relation to a licence issued under section 11A or where a licence has been amended under that section, to the amendment thereof, as they apply in relation to a licence issued under section 11.] 2[13. Further provision for licensing of industrial undertakings in special cases.—(1) No owner of an industrial undertaking, other than the Central Government, shall— (a) in the case of an industrial undertaking required to be registered under section 10, but which has not been registered within the time fixed for the purpose under that section, carry on the business of that undertaking after the expiry of such period, or (b) in the case of an industrial undertaking the registration in respect of which has been revoked under section 10A [3]***, carry on the business of the undertaking after the revocation, or (c) in the case of an industrial undertaking to which the provisions of this Act did not originally apply but became applicable after the commencement of this Act for any reason, carry on the business of the undertaking after the expiry of three months from the date on which the provisions of this Act became so applicable, or (d) effect any substantial expansion of an industrial undertaking which has been registered[4][or in respect of which a licence or permission has been issued], or (e) change the location of the whole or any part of an industrial undertaking which has been registered, except under, and in accordance with, a licence issued in that behalf by the Central Government, and, in the case of a State Government, except under and in accordance with the previous permission of the Central Government. (2) The provisions of sub-section (2) of section 11 and of section 12 shall apply, so far as may be, in relation to the issue of licences or permissions to any industrial undertaking referred to in this section as they apply in relation to the issue of licences or permissions to a new industrial undertaking. _Explanation.—For the purposes of this section, “substantial expansion” means the expansion of an_ existing industrial undertaking which substantially increases the productive capacity of the undertaking, or which is of such a nature as to amount virtually to a new industrial undertaking, but does not include 1. Ins. by Act 26 of 1953, s. 8 (w.e.f. 1-10-1953). 2. Subs. by s. 9, ibid., for section 13 (w.e.f. 1-10-1953). 3. The words “on the ground that it had been obtained by misrepresentation as to an essential fact” omitted by Act 71 of 1956, s. 2 (w.e.f. 1-3-1957). 4. Ins. by s. 2, ibid. (w.e.f. 1-3-1957). ----- any such expansion as is normal to the undertaking having regard to its nature and the circumstances relating to such expansion.] **14. Procedure for the grant of licence or permission.—Before granting any licence or permission** under [1][section 11, section 11A [2][section 13 or section 29B]], the Central Government may require such officer or authority as it may appoint for the purpose, to make a full and complete investigation in respect of applications received in this behalf and report to it the result of such investigation and in making any such investigation, the officer or authority shall follow such procedure as may be prescribed. **15. Power to cause investigation to be made into scheduled industries or industrial** **undertakings.—Where the Central Government is of the opinion that—** (a) in respect of any scheduled industry or industrial undertaking or undertakings— (i) there has been, or is likely to be, a substantial fall in the volume of production in respect of any article or class of articles relatable to that industry or manufactured or produced in the industrial undertaking or undertakings, as the case may be; for which, having regard to the economic conditions prevailing, there is no justification; or (ii) there has been, or is likely to be, a marked deterioration in the quality of any article or class of articles relatable to that industry or manufactured or produced in the industrial undertaking or undertakings, as the case may be, which could have been or can be avoided; or (iii) there has been or is likely to be a rise in the price of any article or class of articles relatable to that industry or manufactured or produced in the industrial undertaking or undertakings, as the case may be, for which there is no justification; or (iv) it is necessary to take any such action as is provided in this Chapter for the purpose of conserving any resources of national importance which are utilised in the industry or the industrial undertaking or undertakings, as the case may be; or 3[(b) any industrial undertaking is being managed in a manner highly detrimental to the scheduled industry concerned or to public interest;] the Central Government may make or cause to be made a full and complete investigation into the circumstances of the case by such person or body of persons as it may appoint for the purpose. 4[15A. Power to investigate into the affairs of a company in liquidation.—(1) Where a company, owning an industrial undertaking is being wound up by or under the supervision of the High Court, and the business of such company is not being continued, the Central Government may, if it is of opinion that it is necessary, in the interests of the general public and, in particular, in the interests of production, supply or distribution of articles or class of articles relatable to the concerned scheduled industry, to investigate into the possibility of running or re-starting the industrial undertaking, make an application to the High Court praying for permission to make, or cause to be made, an investigation into such possibility by such person or body of persons as that Government may appoint for the purpose. (2) Where an application is made by the Central Government under sub-section (1), the High Court shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), or in any other law for the time being in force, grant the permission prayed for.] **16. Powers of Central Government on completion of investigation under section 15.—(1) If after** making or causing to be made any such investigation as is referred to in section 15 the Central Government is satisfied that action under this section is desirable, it may issue such directions to the industrial undertaking or undertakings concerned as may be appropriate in the circumstances for all or any of the following purposes, namely:— (a) regulating the production of any article or class of articles by the industrial undertaking or undertakings and fixing the standards of production; 1. Subs. by Act 26 of 1953, s. 10, for “section 11 or section 13 (w.e.f. 1-10-1953). 2. Subs. by Act 71 of 1956, s. 3, for “or section 13” (w.e.f. 1-3-1957). 3. Subs. by Act 26 of 1953, s. 11, for clause (b) (w.e.f. 1-10-1953). 4. Ins. by Act 72 of 1971, s. 3 (w.e.f. 1-11-1971). ----- (b) requiring the industrial undertaking or undertakings to take such steps as the Central Government may consider necessary to stimulate the development of the industry to which the undertaking or undertakings relates or relate; (c) prohibiting the industrial undertaking or undertakings from resorting to any act or practice which might reduce its or their production, capacity or economic value; (d) controlling the prices, or regulating the distribution, of any article or class of articles which have been the subject-matter of investigation. (2) Where a case relating to any industry or industrial undertaking or undertakings is under investigation, the Central Government may issue at any time any direction of the nature referred to in subsection (1) to the industrial undertaking or undertakings concerned, and any such direction shall have effect until it is varied or revoked by the Central Government. **17. [Special provisions for direct control by Central Government in certain cases.]—Omitted by** _the Industries (Development and Regulation) Amendment Act, 1953 (26 of 1953), s. 12 (w.e.f. 1-10-1953)._ **18. Power of person or body of persons appointed under section 15 to call for assistance in any** **investigation.—(1) The person or body of persons appointed to make any investigation under section 15** 1[or section 15A] may choose one or more persons possessing special knowledge of any matter relating to the investigation to assist him or it in holding the investigation. (2) The person or body of persons so appointed shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence on oath (which he or it is hereby empowered to administer) and of enforcing the attendance of witnesses and compelling the production of documents and material objects, and the person or body of persons shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898). 2[CHAPTER IIIA DIRECT MANAGEMENT OR CONTROL OF INDUSTRIAL UNDERTAKINGS BY CENTRAL GOVERNMENT IN CERTAIN CASES **18A. Power of Central Government to assume management or control of an industrial** **undertaking in certain cases.—(1) If the Central Government is of opinion that—** (a) an industrial undertaking to which directions have been issued in pursuance of section 16 has failed to comply with such directions, or (b) an industrial undertaking in respect of which an investigation has been made under section 15 (whether or not any directions have been issued to the undertaking in pursuance of section 16), is being managed in a manner highly detrimental to the scheduled industry concerned or to public interest, the Central Government may, by notified order, authorise any person or body of persons to take over the management of the whole or any part of the undertaking or to exercise in respect of the whole or any part of the undertaking such functions of control as may be specified in the order. (2) Any notified order issued under sub-section (1) shall have effect for such period not exceeding five years as may be specified in the order: 3[Provided that if the Central Government is of opinion that it is expedient in the public interest that any such notified order should continue to have effect after the expiry of the period of five years aforesaid, it may from time to time issue directions for such continuance for such period, not exceeding two years at a time, as may be specified in the direction, so however that the total period of such continuance (after the expiry of the said period of five years) does not exceed[4][twelve years]; and where any such direction is issued, a copy thereof shall be laid, as soon as may be, before both Houses of Parliament.] 1. Ins. by Act 72 of 1971, s. 4 (w.e.f. 1-11-1971). 2. Ins. by Act 26 of 1953, s. 13 (w.e.f. 1-10-1953). 3. Subs. by Act 6 of 1965, s. 2, for the proviso (w.e.f. 29-3-1965). 4. Subs. by Act 32 of 1974, s. 2, for “ten years” (w.e.f. 29-6-1974). ----- _Explanation.—The power to authorise a body of persons under this section to take over the_ management of an industrial undertaking which is a company includes also a power to appoint any individual, firm or company to be the managing agent of the industrial undertaking on such terms and conditions as the Central Government may think fit. 1[18AA. Power to take over industrial undertakings without investigation under certain **circumstances.—(1) Without prejudice to any other provision of this Act, if, from the documentary or** other evidence in its possession, the Central Government is satisfied, in relation to an industrial undertaking, that— (a) the persons in charge of such industrial undertaking have, by reckless investments or creation of incumbrances on the assets of the industrial undertaking, or by diversion of funds, brought about a situation which is likely to affect the production of articles manufactured or produced in the industrial undertaking, and that immediate action is necessary to prevent such a situation; or (b) it has been closed for a period of not less than three months (whether by reason of the voluntary winding up of the company owning the industrial undertaking or for any other reason) and such closure is prejudicial to the concerned scheduled industry and that the financial condition of the company owning the industrial undertaking and the condition of the plant and machinery of such undertaking are such that it is possible to re-start the undertaking and such re-starting is necessary in the interests of the general public, it may, by a notified order, authorise any person or body of persons (hereafter referred to as the “authorised person”) to take over the management of the whole or any part of the industrial undertaking or to exercise in respect of the whole or any part of the undertaking such functions of control as may be specified in the order. (2) The provisions of sub-section (2) of section 18A shall, as far as may be, apply to a notified order made under sub-section (1) as they apply to a notified order made under sub-section (1) of section 18A. (3) Nothing contained in sub-section (1) and sub-section (2) shall apply to an industrial undertaking owned by a company which is being wound up by or under the supervision of the Court. (4) Where any notified order has been made under sub-section (1), the person or body of persons having for the time being, charge of the management or control of the industrial undertaking, whether by or under the orders of any court or any contract, instrument or otherwise, shall, notwithstanding anything contained in such order, contract, instrument or other arrangements forthwith make over the charge of management or control, as the case may be, of the industrial undertaking to the authorised person. (5) The provisions of sections 18B to 18E (both inclusive) shall, as far as may be, apply to, or in relation to, the industrial undertaking, in respect of which a notified order has been made under subsection (1), as they apply to an industrial undertaking in relation to which a notified order has been issued under section 18A.] **18B. Effect of notified order under section 18A.—(1) On the issue of a notified order under section** 18A authorising the taking over of the management of an industrial undertaking,— (a) all persons in charge of the management, including persons holding office as managers or directors of the industrial undertaking immediately before the issue of the notified order, shall be deemed to have vacated their offices as such; (b) any contract of management between the industrial undertaking and any managing agent or any director thereof holding office as such immediately before the issue of the notified order shall be deemed to have been terminated; 1. Ins. by Act 72 of 1971, s. 5 (w.e.f. 1-11-1971). ----- (c) the managing agent, if any, appointed under section 18A shall be deemed to have been duly appointed as the managing agent in pursuance of the Indian Companies Act, 1913 (7 of 1913), and the memorandum and articles of association of the industrial undertaking, and the provisions of the said Act and of the memorandum and articles shall, subject to the other provisions contained in this Act, apply accordingly, but no such managing agent shall be removed from office except with the previous consent of the Central Government; (d) the person or body of persons authorised under section 18A to take over the management shall take all such steps as may be necessary to take into his or their custody or control all the property, effects and actionable claims to which the industrial undertaking is or appears to be entitled, and all the property and effects of the industrial undertaking shall be deemed to be in the custody of the person or, as the case may be, the body of persons as from the date of the notified order; and (e) the persons, if any, authorised under section 18A to take over the management of an industrial undertaking which is a company shall be for all purposes the directors of the industrial undertaking duly constituted under the Indian Companies Act, 1913 (7 of 1913), and shall alone be entitled to exercise all the powers of the directors of the industrial undertaking, whether such powers are derived from the said Act or from the memorandum or articles of association of the industrial undertaking or from any other source. (2) Subject to the other provisions contained in this Act and to the control of the Central Government, the person or body of persons authorised to take over the management of an industrial undertaking, shall take such steps as may be necessary for the purpose of efficiently managing the business of the industrial undertaking and shall exercise such other powers and have such other duties as may be prescribed. (3) Where any person or body of persons has been authorised to exercise any functions of control in relation to an industrial undertaking, the undertaking shall be carried on pursuant to any directions given by the authorised person in accordance with the provisions of the notified order, and any person having any functions of management in relation to the undertaking or part thereof shall comply with all such directions. (4) The person or body of persons authorised under section [1][18A] shall, notwithstanding anything contained in the memorandum or articles of association of the industrial undertaking, exercise his or their functions in accordance with such directions as may be given by the Central Government so, however, that he or they shall not have any power to give any other person any directions under this section inconsistent with the provisions of any Act or instrument determining the functions of the authority carrying on the undertaking except in so far as may be specifically provided by the notified order. **18C. Contracts in bad faith, etc., may be cancelled or varied.—Without prejudice to the** provisions contained in section 18B, the person or body of persons authorised under section 18A to take over the management of an industrial undertaking may, with the previous approval of the Central Government, make an application to any court having jurisdiction in this behalf for the purpose of cancelling or varying any contract or agreement entered into, at any time before the issue of the notified order under section 18A, between the industrial undertaking and any other person and the court may, if satisfied after due inquiry that such contract or agreement had been entered into in bad faith and is detrimental to the interests of the industrial undertaking, make an order cancelling or varying (either unconditionally or subject to such conditions as it may think fit to impose) that contract or agreement, and the contract or agreement shall have effect accordingly. **18D. No right to compensation for termination of office or contract.—Notwithstanding anything** contained in any law for the time being in force, no person who ceases to hold any office by reason of the provisions contained in clause (a) of section 18B, or whose contract of management is terminated by reason of the provisions contained in clause (b) of that section, shall be entitled to any compensation for the loss of office or for the premature termination of his contract of management: Provided that nothing contained in this section shall affect the right of any such person to recover from the industrial undertaking moneys recoverable otherwise than by way of such compensation. 1. Subs. by Act 36 of 1957, s. 3 and the Second Schedule, for “18” (w.e.f. 17-9-1957). ----- **18E. Application of Act 7 of 1913.—(1) Where the management of an industrial undertaking, being** a company as defined in the Indian Companies Act, 1913 (7 of 1913) is taken over by the Central Government, then, notwithstanding anything contained in the said Act or in the memorandum or articles of association of such undertaking,— (a) it shall not be lawful for the shareholders of such undertaking or any other person to nominate or appoint any person to be a director of the undertaking; (b) no resolution passed at any meeting of the shareholders of such undertaking shall be given effect to unless approved by the Central Government; (c) no proceeding for the winding up of such undertaking or for the appointment of a receiver in respect thereof shall lie in any court except with the consent of the Central Government. (2) Subject to the provisions contained in sub-section (1), and to the other provisions contained in this Act and subject to such other exceptions, restrictions and limitations, if any, as the Central Government may, by notification in the Official Gazette, specify in this behalf, the Indian Companies Act, 1913 (7 of 1913), shall continue to apply to such undertaking in the same manner as it applied thereto before the issue of the notified order under section 18A. **18F. Power of Central Government to cancel notified order under section 18A.—If at any time it** appears to the Central Government on the application of the owner of the industrial undertaking or otherwise that the purpose of the order made under section 18A has been fulfilled or that for any other reason it is not necessary that the order should remain in force, the Central Government may, by notified order, cancel such order and on the cancellation of any such order the management or the control, as the case may be, of the industrial undertaking shall vest in the owner of the undertaking. 1[CHAPTER IIIAA MANAGEMENT OR CONTROL OF INDUSTRIAL UNDERTAKINGS OWNED BY COMPANIES IN LIQUIDATION **18FA. Power of Central Government to authorise, with the permission of the High Court,** **persons to take over management or control of industrial undertakings.—(1) If the Central** Government is of opinion that there are possibilities of running or re-starting an industrial undertaking, in relation to which an investigation has been made under section 15A, and that such industrial undertaking should be run or re-started, as the case may be, for maintaining or increasing the production, supply or distribution of articles or class of articles relatable to the scheduled industry, needed by the general public, that Government may make an application to the High Court praying for permission to appoint any person or body of persons to take over the management of the industrial undertaking or to exercise in respect of the whole or any part of the industrial undertaking such functions of control as may be specified in the application. (2) Where an application is made under sub-section (1), the High Court shall make an order empowering the Central Government to authorise any person or body of persons (hereinafter referred to as the “authorised person”,) to take over the management of the industrial undertaking or to exercise functions of control in relation to the whole or any part of the industrial undertaking (hereinafter referred to as the “concerned part”) for a period not exceeding five years: Provided that if the Central Government is of opinion that it is expedient in the interests of the general public that the authorised person should continue to manage the industrial undertaking, or continue to exercise functions of control in relation to the concerned part, as the case may be, after the expiry of the period of five years aforesaid, it may make an application to the High Court for the continuance of such management or functions of control, for such period, not exceeding two years at a time, as may be specified in the application and thereupon the High Court may make an order permitting the authorised person to continue to manage the industrial undertaking or to exercise functions of control in relation to the concerned part: 1. Ins. by Act 72 of 1971, s. 6 (w.e.f. 1-11-1971). ----- Provided further that the total period of such continuance (after the expiry of the initial period of five years) shall not, in any case, be permitted to exceed [1][twelve years]. (3) Where an order has been made by the High Court under sub-section (2), the High Court shall direct the Official Liquidator or any other person having, for the time being, charge of the management or control of the industrial undertaking, whether by or under the orders of any Court, or any contract or instrument or otherwise, to make over the management of such undertaking or the concerned part, as the case may be, to the authorised person and thereupon the authorised person shall be deemed to be the Official Liquidator in respect of the industrial undertaking or the concerned part, as the case may be. (4) Before making over the possession of the industrial undertaking or the concerned part to the authorised person, the Official Liquidator shall make a complete inventory of all the assets and liabilities of the industrial undertaking or the concerned part, as the case may be, in the manner specified in section 18FG and deliver a copy of such inventory to the authorised person, who shall, after verifying the correctness thereof, sign on the duplicate copy thereof as evidence of the receipt of the inventory by him. (5) On taking over the management of the industrial undertaking, or on the commencement of the exercise of functions of control in relation to the concerned part, the authorised person shall take immediate steps to so run the industrial undertaking or the concerned part as to ensure the maintenance of production. (6) The authorised person may, on such terms and conditions and subject to such limitations or restrictions as may be prescribed, raise any loan for the purpose of running the industrial undertaking or the concerned part, and may, for that purpose, create a floating charge on the current assets of the industrial undertaking or the concerned part, as the case may be. (7) Where the authorised person is of opinion that the replacement or repair of any machinery of the industrial undertaking or the concerned part is necessary for the purpose of efficient running of the industrial undertaking or such part, he shall, on such terms and conditions and subject to such limitations or restrictions as may be prescribed, make such replacement or repair, as the case may be. (8) The loan obtained by the authorised person shall be recovered from the assets of the industrial undertaking or the concerned part, in such manner and subject to such conditions as may be prescribed. (9) For the purpose of running the industrial undertaking, or exercising functions of control in relation to the concerned part, the authorised person may employ such of the former employees of the industrial undertaking whose services became discharged by reason of the windingup of the company owning such undertaking and every such person employed by the authorised person shall be deemed to have entered into a fresh contract of service with the company. (10) The proceedings in the winding up of the company in so far as they relate to— (a) the industrial undertaking, the management of which has been taken over by the authorised person under this section, or (b) the concerned part in relation to which any function of control is exercised by the authorised person under this section, shall, during the period of such management or control, remain stayed, and, in computing the period of limitation for the enforcement of any right, privilege, obligation or liability in relation to such undertaking or the concerned part, the period during which such proceedings remained stayed shall be excluded. CHAPTER IIIAB POWER TO PROVIDE RELIEF TO CERTAIN INDUSTRIAL UNDERTAKINGS **18FB. Power of Central Government to make certain declarations in relation to industrial** **undertakings, the management or control of which has been taken over under section 18A, section** **18AA or section 18FA.—(1) The Central Government may, if it is satisfied, in relation to an industrial** undertaking or any part thereof, the management or control of which has been taken over under section 1. Subs. by Act 32 of 1974, s. 2, for “ten years” (w.e.f. 29-6-1974). ----- 18A, whether before or after the commencement of the Industries (Development and Regulation) Amendment Act, 1971 (72 of 1971), or under section 18AA or section 18FA, that it is necessary so to do in the interests of the general public with a view to preventing fall in the volume of production of any scheduled industry, it may, by notified order, declare that— (a) all or any of the enactments specified in the Third Schedule shall not apply or shall apply with such adaptations, whether by way of modification, addition or omission (which does not, however, affect the policy of the said enactments) to such industrial undertaking, as may be specified in such notified order, or (b) the operation of all or any of the contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force (to which such industrial undertaking or the company owning such undertaking is a party or which may be applicable to such industrial undertaking or company) immediately before the date of issue of such notified order shall remain suspended or that all or any of the rights, privileges, obligations and liabilities accruing or arising thereunder before the said date, shall remain suspended or shall be enforceable with such adaptations and in such manner as may be specified in the notified order. (2) The notified order made under sub-section (1) shall remain in force, in the first instance, for a period of one year, but the duration of such notified order may be extended from time to time by a further notified order by a period not exceeding one year at a time: Provided that no such notified order shall, in any case, remain in force— (a) after the expiry of the period for which the management of the industrial undertaking was taken over under section 18A, section 18AA or section 18FA, or (b) for more than[1][eight years] in the aggregate from the date of issue of the first notified order, whichever is earlier. (3) Any notified order made under sub-section (1) shall have effect notwithstanding anything to the contrary contained in any other law, agreement or instrument or any decree or order of a court, tribunal, officer or other authority or of any submission, settlement or standing order. (4) Any remedy for the enforcement of any right, privilege, obligation or liability referred to in clause (b) of sub-section (1) and suspended or modified by a notified order made under that sub-section shall, in accordance with the terms of the notified order, remain suspended or modified, and all proceedings relating thereto pending before any court, tribunal, officer or other authority shall accordingly remain stayed or be continued subject to such adaptations, so, however, that on the notified order ceasing to have effect— (a) any right, privilege, obligation or liability so remaining suspended or modified shall become revived and enforceable as if the notified order had never been made; (b) any proceeding so remaining stayed shall be proceeded with, subject to the provisions of any law which may then be in force, from the stage which had been reached when the proceedings became stayed. (5) In computing the period of limitation for the enforcement of any right, privilege, obligation or liability referred to in clause (b) of sub-section (1), the period during which it or the remedy for the enforcement thereof remained suspended shall be excluded. CHAPTER IIIAC LIQUIDATION OR RECONSTRUCTION OF COMPANIES **18FC. Power of Central Government to call for report on the affairs and working of managed** **company.—Where the management or control of an industrial undertaking has been taken over under** section 18A, whether before or after the commencement of the Industries (Development and Regulation) Amendment Act, 1971 (72 of 1971), or under section 18AA or section 18FA, the Central Government 1. Subs. by Act 17 of 1979, s. 2, for “five years” (w.e.f. 30-12-1978). ----- may, at any time during the continuance of such management or control, call for a report from the authorised person on the affairs and working of the industrial undertaking and in submitting the report the authorised person shall take into account the inventory and the lists of members and creditors prepared under section 18FG. **18FD. Decision of Central Government in relation to managed Company.—(1) If, on receipt of** the report submitted by the authorised person, the Central Government is satisfied,— (a) in relation to the company owning the industrial undertaking, which is not being wound up by the High Court, that the financial condition and other circumstances of the company are such that it is not in a position to meet its current liabilities out of its current assets, that Government may, if it considers necessary or expedient in the interests of the general public so to do, by order, decide that the industrial undertaking should be sold as a running concern as provided in section 18FE and proceedings should simultaneously be started for the winding up, by the High Court, of the company; (b) in relation to the company, owning the industrial undertaking, which is being wound up by the High Court, that its assets and liabilities are such that in the interests of its creditors and contributories the industrial undertaking should be sold as a running concern as provided in section 18FE, it may, by order, decide accordingly. (2) Notwithstanding anything contained in sub-section (1), if, on receipt of the report submitted by the authorised person, the Central Government is satisfied that— (a) in the interests of the general public, or (b) in the interests of the shareholders, or (c) to secure the proper management of the company owning the industrial undertaking, it is necessary so to do, that Government may, by order, decide to prepare a scheme for the reconstruction of the company owning the industrial undertaking: Provided that no such scheme shall be prepared in relation to a company which is being wound up by or under the supervision of the High Court, except with the previous permission of that Court. (3) The powers exercisable by the Central Government under section 18F, in relation to an undertaking taken over under section 18A, shall also be exercisable in relation to an undertaking taken over under section 18AA or section 18FA, but such powers shall not be exercised after the making of an order under sub-section (1) or, as the case may be, under sub-section (2) of this section. **18FE. Provisions where Government decides to follow the course of action specified in section** **18FD (1).—(1) The provisions hereinafter laid down shall apply where the Central Government decides** that the course of action specified in sub-section (1) of section 18FD should be followed, namely:— (a) the decision of the Central Government that the course of action specified in clause (a) of sub-section (1) section 18FD should be followed in relation to a company owning an industrial undertaking shall be deemed to be a ground specified in section 433 of the Companies Act, 1956 (1 of 1956), on which the company may be wound up by the High Court; (b) the authorised person shall, as soon as may be, after the decision specified in clause (a) of sub-section (1) of section 18FD has been taken by the Central Government, present an application to the High Court for the winding up of the company owning the industrial undertaking; (c) when an application is made by the authorised person, under clause (b), for the winding up, by the High Court, of the company owning the industrial undertaking, the High Court shall order the winding up of the company and shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), appoint the authorised person as the Official Liquidator in relation to such undertaking; (d) whenever the Central Government decides under clause (b) of sub-section (1) of section 18FD that the industrial undertaking should be sold as a running concern, it shall cause a copy of its decision to be laid before the High Court; ----- (e) until the industrial undertaking referred to in clause (a) or clause (b) of sub-section (1) of section 18FD is sold or purchased in pursuance of this section, the authorised person shall continue to function as the Official Liquidator in relation to the said undertaking in the winding up proceedings of the company, and thereafter the Official Liquidator appointed by the Central Government under section 448 of the Companies Act, 1956 (1 of 1956), shall take over and function as the Official Liquidator in the said proceedings. (2) The authorised person shall make a report to the Central Government as to what should be the reserve price for the sale of the industrial undertaking as a running concern. (3) In making a report under sub-section (2), the authorised person shall have regard to— (a) the financial condition of the company owning the industrial undertaking on the date on which the order under section 18FD is made— (i) as disclosed in its books of account, (ii) as disclosed in its balance-sheet and profit and loss account during a period of five years immediately preceding the said date; (b) the condition and nature of the plant, machinery, instruments and other equipment from the point of view of their suitability for profitable use in the running of the industrial undertaking; (c) the total amount of liability on account of secured and unsecured debts including overdrafts, if any, drawn on banks, liabilities on account of terminal benefits to the employees and other borrowings and other liabilities of the company; and (d) other relevant factors including the factor that the industrial undertaking will be sold free from all incumbrances. (4) Notice of the reserve price determined by the authorised person shall be given in such manner as may be prescribed to the members and creditors of the company owning such industrial undertaking to make representations within a specified time to the Central Government through the authorised person and the Central Government shall, after considering the representations received and the report of the authorised person, determine the reserve price. (5) The authorised person shall thereafter, with the permission of the High Court, invite tenders from the public in such manner as may be determined by the High Court for the sale of the industrial undertaking as a running concern subject to the condition that it will be sold to the person offering the highest price which shall not be less than the reserve price determined under sub-section (4): Provided that the High Court shall not refuse to grant such permission if it is satisfied that the company is not in a position to meet its current liabilities out of its current assets. (6) The industrial undertaking shall be sold to the highest bidder, as a running concern, only if the price offered by him therefore is not less than the reserve price. (7) Where no offer of price is equal to, or more than, the reserve price, the industrial undertaking shall be purchased by the Central Government at the reserve price. (8) (a) The amount realised from the sale of the industrial undertaking as a running concern together with any other sum which may be realised from any contributory, purchaser or any other person from whom any money is due to the company shall be utilised in accordance with the provisions of the Companies Act, 1956 (1 to 1956), in discharging the liabilities of the company and distributing the balance, if any, amongst the members of the company. (b) In other respects, the provisions of the Companies Act, 1956 (1 of 1956), relating to the winding up of a company by the High Court shall, as far as may be, apply. (9) When an industrial undertaking is sold to any person under sub-section (6), or purchased by the Central Government under sub-section (7), there shall be transferred to and vested in the purchaser, free ----- from all incumbrances, all such assets relating to the industrial undertaking as are referred to in sub-clause (i) of clause (a) of section 18FG and existing at the time of the sale or purchase. **18FF. Provisions where Government decides to follow the course of action specified in section** **18FD (2).—(1) Where in any case the Central Government decides that the course of action specified in** sub-section (2) of section 18FD should be followed, it shall, subject to the provisions of that sub-section, cause to be prepared, by the authorised person, a scheme for the reconstruction of the company, owning the industrial undertaking, in accordance with the provisions hereinafter contained and the authorised person shall submit the same for the approval of that Government. (2) The scheme for the reconstruction of the company owning the industrial undertaking may contain provisions for all or any of the following matters, namely:— (a) the constitution, name and registered office, the capital, assets, powers, rights, interests, authorities and privileges, the liabilities, duties and obligations of the company on its reconstruction; (b) any change in the Board of directors, or the appointment of a new Board of directors of the company on its reconstruction and the authority by whom, the manner in which and the other terms and conditions on which, such change or appointment shall be made and in the case of appointment of a new Board of directors or of any director, the period for which such appointment shall be made; (c) the vesting of controlling interest, in the reconstructed company, in the Central Government either by the appointment of additional directors or by the allotment of additional shares; (d) the alteration of the memorandum and articles of association of the company, on its reconstruction, to give effect to such reconstruction; (e) subject to the provisions of the scheme, the continuation by or against the company, on its reconstruction, of any action or proceedings pending against the company immediately before the date of its reconstruction; (f) the reduction of the interest or rights which the members and creditors have in or against the company before its reconstruction to such extent as the Central Government may consider necessary in the interests of the general public or in the interests of the members and creditors or for the maintenance of the business of the company : Provided that nothing contained in this clause shall be deemed to authorise the reduction of the interest or rights of any creditor (including Government) in respect of any loan or advance made by that creditor to the company after the date on which the management of the industrial undertaking of the company has been taken over under section 18A, section 18AA, or section 18FA; (g) the payment in cash or otherwise to the creditors in full satisfaction of their claim— (i) in respect of their interest or rights in or against the company before its reconstruction; or (ii) where their interest or rights in or against the company has or have been reduced under clause (f), in respect of such interest, or rights as so reduced; (h) the allotment to the members of the company for shares held by them therein before its reconstruction [whether their interest in such shares has been reduced under clause (f) or not], of shares in the company on its reconstruction and where it is not possible to allot shares to any members, the payment in cash to those members in full satisfaction of their claim— (1) in respect of their interest in shares in the company before its reconstruction; or (2) where such interest has been reduced under clause (f), in respect of their interest in shares as so reduced; (i) the offer by the Central Government to acquire by negotiations with the members of the company their respective shares on payment in cash to those members who may volunteer to sell their shares to the Central Government in full satisfaction of their claim— (1) in respect of their interest in shares in the company before its reconstruction; or ----- (2) where such interest has been reduced under clause (f), in respect of their interest in shares as so reduced; (j) the conversion of any debentures issued by the company after the taking over of the management of the company under section 18A or section 18AA or section 18FA or of any loans obtained by the company after that date or of any part of such debentures or loans, into shares in the company and the allotment of those shares to such debenture-holders or creditors, as the case may be; (k) the increase of the capital of the company by the issue of new shares and the allotment of such new shares to the Central Government; (l) the continuance of the services of such of the employees of the company as the Central Government may specify in the scheme in the company itself, on its reconstruction, on such terms and conditions as the Central Government thinks fit; (m) notwithstanding anything contained in clause (l), where any employees of the company whose services have been continued under clause (l) have, by notice in writing given to the company at any time before the expiry of one month next following the date on which the scheme is sanctioned by the High Court, intimated their intention of not becoming employees of the company, on its reconstruction, the payment to such employees and to other employees whose services have not been continued on the reconstruction of the company, of compensation, if any, to which they are entitled under the Industrial Disputes Act, 1947 (14 of 1947), and such pension, gratuity, provident fund and other retirement benefits ordinarily admissible to them under the rules or authorisation of the company immediately before the date of its reconstruction; (n) any other terms and conditions for the reconstruction of the company; (o) such incidental, consequential and supplemental matters as are necessary to secure that the reconstruction of the company shall be fully and effectively carried out. (3) (a) A copy of the scheme, as approved by the Central Government, shall be sent in draft to the company, to the registered trade unions, if any, of which the employees of the company are members and to the creditors thereof for suggestions and objections, if any, within such period as the Central Government may specify for this purpose. (b) The Central Government may make such modifications, if any, in the draft scheme as it may consider necessary in the light of the suggestions and objections received from the company, from the registered trade unions of which the employees of the company are members and from any members or creditors of the company. (4) The scheme shall thereafter be placed before the High Court for its sanction and the High Court, if satisfied that the scheme is in the interests of the general public or in the interests of the shareholders or for securing the proper management of the company and that the scheme is designed to be fair and reasonable to the members and creditors of the company, may, after giving a reasonable opportunity to the company and to its members and creditors of showing cause, sanction the scheme without any modification or with such modifications as it may consider necessary. (5) The scheme, as so sanctioned by the High Court, shall come into force on such date as that Court may specify in this behalf: Provided that different dates may be specified for different provisions of the scheme. (6) The sanction accorded by the High Court under sub-section (4) shall be conclusive evidence that all the requirements of this section relating to the reconstruction of the company have been complied with, and a copy of the sanctioned scheme certified by the High Court to be a true copy thereof, shall, in all legal proceedings (whether original or in appeal or otherwise), be admitted as evidence to the same extent as the original scheme. (7) On and from the date of the coming into operation of the scheme or any provision thereof, the scheme or such provision shall be binding on the company and also on all the members and other creditors and employees of the company and on any other person having any right or liability in relation to the company. ----- (8) On the coming into operation of the scheme or any provision thereof, the authorised person shall cease to function, and the management of the reconstructed company shall be assumed by the Board of directors as provided in the scheme. (9) Copies of the scheme shall be laid before each House of Parliament, as soon as may be, after the scheme has been sanctioned by the Court. (10) The provisions of this section and of any scheme made thereunder shall have effect notwithstanding anything contained in sections 391 to 394A (both inclusive) of the Companies Act, 1956 (1 of 1956). **18FG. Preparation of inventory of assets and liabilities and list of members and creditors of** **managed company.—For the purposes of this Act, the authorised person shall, as soon as may be, after** taking over the management of the industrial undertaking of a company under section 18A or section 18AA or section 18FA,— (a) prepare a complete inventory of— (i) all properties, movable and immovable, including lands, buildings, works, workshops, stores, instruments, plant, machinery, automobiles and other vehicles, stocks of materials in the course of production, storage or transit, raw materials, cash balances, cash in hand, deposits in bank or with any other person or body or on loan, reserve funds, investments and book debts and all other rights and interests arising out of such property as were immediately before the date of taking over of the industrial undertaking in the ownership, possession, power or control of the company, whether within or without India; and all books of account, registers, maps, plans, sections, drawings, records, documents or titles of ownership of property, and all other documents of whatever nature relating thereto; and (ii) all borrowings, liabilities and obligations of whatever kind of the company including liability on account of terminal benefits to its employees subsisting immediately before the said date; (b) prepare separately a list of members, and a list of creditors, of such company as on the date of taking over of the management of the industrial undertaking showing separately in the list of creditors, the secured creditors and the unsecured creditors : Provided that where the management of the industrial undertaking of a company has been taken over under the said section 18A before the commencement of the Industries (Development and Regulation) Amendment Act, 1971 (72 of 1971), the aforesaid functions shall be performed by the authorised person within six months from such commencement. **18FH. Stay of suits and other proceedings.—In the case of a company in respect of which an order** under section 18FD has been made, no suit or other legal proceeding shall be instituted or continued against the company except with the previous permission of the Central Government or any officer or authority authorised by that Government in this behalf.] CHAPTER IIIB CONTROL OF SUPPLY, DISTRIBUTION, PRICE, ETC., OF CERTAIN ARTICLES **18G. Power to control supply, distribution, price, etc., of certain articles.—(1) The Central** Government, so far as it appears to it to be necessary or expedient for securing the equitable distribution and availability at fair prices of any article or class of articles relatable to any scheduled industry, may, notwithstanding anything contained in any other provision of this Act, by notified order, provide of regulating the supply and distribution thereof and trade and commerce therein. (2) Without prejudice to the generality of the powers conferred by sub-section (1), a notified order made thereunder may provide— (a) for controlling the prices at which any such article or class thereof may be bought or sold; ----- (b) for regulating by licences, permits or otherwise the distribution, transport, disposal, acquisition, possession, use or consumption of any such article or class thereof; (c) for prohibiting the withholding from sale of any such article or class thereof ordinarily kept for sale; (d) for requiring any person manufacturing, producing or holding in stock any such article or class thereof to sell the whole or part of the articles so manufactured or produced during a specified period or to sell the whole or a part of the articles so held in stock to such person or class of persons and in such circumstances as may be specified in the order; (e) for regulating or prohibiting any class of commercial or financial transactions relating to such article or class thereof which in the opinion of the authority making the order are, or if unregulated are likely to be, detrimental to public interest; (f) for requiring persons engaged in the distribution and trade and commerce in any such article or class thereof to mark the articles exposed or intended for sale with the sale price or to exhibit at some easily accessible place on the premises the price-lists of articles held for sale and also to similarly exhibit on the first day of every month, or at such other time as may be prescribed, a statement of the total quantities of any such articles in stock; (g) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; and (h) for any incidental or supplementary matters, including, in particular, the grant or issue of licences, permits or other documents and the charging of fees therefor. (3) Where, in pursuance of any order made with reference to clause (d) of sub-section (2), any person sells any article, there shall be paid to him the price therefor— (a) where the price can consistently with the controlled price, if any, be fixed by agreement, the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any, fixed under this section; (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (4) No order made in exercise of any power conferred by this section shall be called in question in any court. (5) Where an order purports to have been made and signed by an authority in exercise of any power conferred by this section, a court shall, within the meaning of the Indian Evidence Act, 1872 (1 of 1872), presume that such order was so made by that authority. _Explanation.—In this section, the expression “article or class of articles” relatable to any scheduled_ industry includes any article or class of articles imported into India which is of the same nature or description as the article or class of articles manufactured or produced in the scheduled industry.] CHAPTER IV MISCELLANEOUS **19. Powers of inspection.—(1) For the purpose of ascertaining the position or working of any** industrial undertaking or for any other purpose mentioned in this Act or the rules made thereunder, any person authorised by the Central Government in this behalf shall have the right— (a) to enter and inspect any premises; (b) to order the production of any document, book, register or record in the possession or power of any person having the control of, or employed in connection with, any industrial undertaking; and (c) to examine any person having the control of, or employed in connection with, any industrial undertaking. ----- (2) Any person authorised by the Central Government under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). **20.** **General** **prohibition** **of** **taking** **over** **management** **or** **control** **of** **industrial** **undertakings.—After the commencement of this Act, it shall not be competent for any State Government** or a local authority to take over the management or control of any industrial undertaking under any law for the time being in force which authorises any such Government or local authority so to do. **21. Certain administrative expenses of Development Councils to be paid from moneys provided** **by Parliament.—Such administrative expenses as relate to the emoluments of officers of a Development** Council who are appointed by or with the approval of the Central Government, shall be defrayed out of moneys provided by Parliament. **22. Power of the Central Government to issue Directions to Development Council.—In the** exercise of its functions under this Act, every Development Council shall be guided by such instructions as may be given to it by the Central Government and such instructions may include directions relating to the manner in which, and the purpose for which, any proceeds of the cess levied under section 9 which may have been handed over to it, shall be expanded. 1[23. Decision of Central Government final respecting certain matters.—If, for the purposes of this Act, any question arises as to whether— (a) there has been a substantial expansion of an industrial undertaking, or (b) an industrial undertaking is producing or manufacturing any new article, the decision of the Central Government thereon shall be final.] **24. Penalties.—[2][(1) If any person contravenes or attempts to contravene or abets the contravention** of— (i) the provisions of sub-section (1) [3][or sub-section (4)] of section 10 or of sub-section (1) of section 11 or of section 11A or of sub-section (1) of section 13 [4][or of [5][sub-sections (2), (2A), (2D), (2F) and (2G) of section 29B]], or (ii) any direction issued under section 16 or sub-section (3) of section 18B, or (iii) any order made under section 18G, or (iv) any rule the contravention of which is made punishable under this section, 6[he shall be liable to penalty which may extend to twenty-five lakh rupees.]] (2) If the person contravening any of the said provisions is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding anything contained in sub-section (2), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or 1. Subs. by Act 26 of 1953, s. 14, for section 23 (w.e.f. 1-10-1953). 2. Subs. by s. 15, ibid., for sub-section (1) (w.e.f. 1-10-1953). 3. Ins. by Act 67 of 1973, s. 3 (w.e.f. 7-2-1974). 4. Ins. by Act 71 of 1956, s. 4 (w.e.f. 1-3-1957). 5. Subs. by Act 4 of 1984, s. 4, for “sub-section (2) of section 29B” (w.e.f. 12-1-1984). 6. Subs. by Act 18 of 2023, s. 2 and Schedule, for long line (w.e.f. 12-12-2023). ----- connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director” in relation to a firm means a partner in the firm. 1[24A. Adjudication.—(1) The Central Government, for the purposes of determining the penalties under section 24, shall authorise the District Magistrate or the Additional District Magistrate, having jurisdiction, to be the adjudicating officer, to hold an inquiry and impose penalty in the manner, as may be prescribed. (2) The adjudicating officer may summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for, or relevant to, the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person concerned has failed to comply with the provisions of this Act, he may impose such penalty as he thinks fit in accordance with the provisions of section 24: Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard. **24B. Appeal.—(1) Whoever aggrieved by the order, passed by the adjudicating officer under section** 24A, may prefer an appeal to an officer not below the rank of Joint Secretary to the Government of India, to be an appellate authority, within thirty days from the date of receipt of order, in such form and manner as may be prescribed. (2) An appeal may be admitted after the expiry of the period of thirty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period. (3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit. (4) An appeal under sub-section (1) shall be disposed of within sixty days from the date of filing. **24C. Recovery.—Notwithstanding anything contained in this Act, if penalty imposed by the** adjudicating officer under section 24A or order of the appellate authority under section 24B, as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.] 2[25. Delegation of powers.—(1) The Central Government may, by notified order, direct that any power exercisable by it under this Act (other than the power given to it by section 16[3][,18A, 18AA and 18FA]) shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by such officer or authority (including in the said expressions any Development Council, State Government or officer or authority subordinate to the Central Government) as may be specified in the direction. (2) Any power exercisable by a State Government by virtue of a direction under sub-section (1) may, unless otherwise provided in such direction, be exercised also by such officer or authority subordinate to that State Government as it may, by notified order, specify in this behalf. **26. Power to issue directions.—The Central Government may give directions to any State** Government as to the carrying into execution in the State of any of the provisions of this Act or of any order or direction made thereunder. 1. Subs. by Act 18 of 2023, s. 2 and Schedule, for section 24A (w.e.f. 12-12-2023). 2. Subs. by Act 26 of 1953, s. 17, for sections 25 to 29 (w.e.f. 1-10-1953). 3. Subs. by Act 72 of 1971, s. 7, for “and 18A” (w.e.f. 1-11-1971). ----- **27. [Cognizance of offences.]—Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023** (18 of 2023), s. 2 and Schedule (w.e.f. 12-12-2023). **28. Burden of proof in certain cases.—Where any person is [1][imposed penalty] for contravening any** order made under section 18G which prohibits him from doing an act or being in possession of a thing without lawful authority or without a permit, licence or other document, the burden of proving that he has such authority, permit, licence or other document shall be on him. **29. [Jurisdiction of courts.]—Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023** (18 of 2023), s. 2 and Schedule (w.e.f. 12-12-2023). **29A. [Special provision regarding fines.]—Omitted by the Jan Vishwas (Amendment of Provisions)** _Act, 2023 (18 of 2023), s. 2 and Schedule (w.e.f. 12-12-2023)._ **29B. Power to exempt in special cases.—[2][(1)] If the Central Government is of opinion, having** regard to the smallness of the number of workers employed or to the amount invested in any industrial undertaking or to the desirability of encouraging small undertakings generally or to the stage of development of any scheduled industry, that it would not be in public interest to apply all or any of the provisions of this Act thereto, it may, by notification in the Official Gazette, exempt, subject to such conditions as it may think fit to impose, any industrial undertaking or class of industrial undertakings or any scheduled industry or class of scheduled industries as it may specify in the notification from the operation of all or any of the provisions of this Act or of any rule or order made thereunder. 3[(2) Where any notification under sub-section (1) granting any exemption is cancelled, no owner of any industrial undertaking to which the provisions of section 10, section 11, section 11A or clause (d) of sub-section (1) of section 13 would have applied, if the notification under sub-section (1) had not been issued, shall carry on the business of the undertaking after the expiry of such period as may be specified in the notification cancelling the exemption except under and in accordance with a licence issued in this behalf by the Central Government and, in the case of a State Government, except under and in accordance with the previous permission of the Central Government. 4[2A) In particular, and without prejudice to the generality of the provisions of sub-section (1), the Central Government may, if it is satisfied, after considering the recommendations made to it by the Advisory Committee constituted under sub-section (2B), that it is necessary so to do for the development and expansion of ancillary, or small scale, industrial undertakings, by notified order, direct that any article or class of articles specified in the First Schedule shall, on and from such date as may be specified in the notified order (hereafter in this section referred to as the “date of reservation”), be reserved for exclusive production by the ancillary, or small scale, industrial undertakings (hereafter in this section referred to as “reserved article”). (2B) The Central Government shall, with a view to determining the nature of any article or class of articles that may be reserved for production by the ancillary, or small scale, industrial undertakings, constitute an Advisory Committee consisting of such persons as have, in the opinion of that Government, the necessary expertise to give advice on the matter. (2C) The Advisory Committee shall, after considering the following matters, communicate its recommendations to the Central Government, namely:— (a) the nature of any article or class of articles which may be produced economically by the ancillary, or small scale, industrial undertakings; (b) the level of employment likely to be generated by the production of such article or class of articles by the ancillary, or small scale, industrial undertakings; (c) the possibility of encouraging and diffusing entrepreneurship in industry; (d) the prevention of concentration of economic power to the common detriment; and 1. Subs. by Act 18 of 2023, s. 2 and Schedule, for “prosecuted” (w.e.f. 12-12-2023). 2. Section 29B re-numbered as sub-section (1) thereof by Act 71 of 1956, s. 5 (w.e.f. 1-3-1957). 3. Ins. by Act 71 of 1956, s. 5 (w.e.f. 1-3-1957). 4. Ins. by Act 4 of 1984, s. 5 (w.e.f. 12-1-1984). ----- (e) such other matters as the Advisory Committee may think fit. (2D) The production of any reserved article or class of reserved articles by any industrial undertaking (not being an ancillary, or small scale, industrial undertaking) which, on the date of reservation, is engaged in, or has taken effective steps for, the production of any reserved article or class of reserved articles, shall, after the commencement of the Industries (Development and Regulation) Amendment Act, 1984 (4 of 1984), or, as the case may be, the date of reservation, whichever is later, be subject to such conditions as the Central Government may, by notified order, specify. (2E) While specifying any condition under sub-section (2D), the Central Government may take into consideration the level of production of any reserved article or class of reserved articles achieved, immediately before the date of reservation, by the industrial undertaking referred to in sub-section (2D), and such other factors as may be relevant. (2F) Every person or authority, not being the Central Government, who, or which, is registered under section 10 or to whom, or to which, a licence has been issued or permission has been granted under section 11 for the production of any article or class of articles which has, or have, been subsequently reserved for the ancillary, or small scale, industrial undertakings, shall produce, such registration certificate, licence or permission, as the case may be, within such period as the Central Government may, by notified order, specify in this behalf, and the Central Government may enter therein all or any of the conditions specified by it under sub-section (2D), including the productive capacity of the industrial undertakings and other prescribed particulars. (2G) The owner of every industrial undertaking (not being an ancillary or small scale, industrial undertaking) which, immediately before the commencement of the Industries (Development and Regulation) Amendment Act, 1984 (4 of 1984), or the date of reservation, whichever is later,— (a) was engaged in the production of any article or class of articles, which has, or have, been reserved for the ancillary, or small scale, industrial undertakings, or (b) had before such commencement or before the date of such reservation, as the case may be, taken effective steps for commencing the production of such reserved article or class of reserved articles, without being registered under section 10 or in respect of which a licence or permission has not been issued under section 11, shall refrain from the production of such reserved article or class of reserved articles, on and from the date of expiry of three months from such commencement or from the date of such reservation, whichever is later. (2H) Every notified order made under sub-section (2A) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notified order or both Houses agree that the notified order should not be made, the notified order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notified order.] (3) The provisions of this Act shall apply, so far as may be, in relation to the issue of a licence or permission to any industrial undertaking referred to in sub-section (2) as they apply in relation to the issue of a licence or permission to a new industrial undertaking.] **29C. Protection of action taken under the Act.—(1) No suit, prosecution or other legal proceeding** shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder. (2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.] [1][29D. Debts incurred by the authorised person to have priority.—Every debt arising out of any loan obtained by the authorised person for carrying on the management of, or exercising function of 1. Ins. by Act 72 of 1971, s. 8 (w.e.f. 1-11-1971). ----- control in relation to, an industrial undertaking or part thereof, the management of which has been taken over under section 18A or section 18AA or section 18FA,— (a) shall have priority over all other debts, whether secured or unsecured, incurred before the management of such industrial undertaking was taken over; (b) shall be a preferential debt within the meaning of section 530 of the Companies Act, 1956 (1 of 1956), and such debts shall rank equally among themselves and be paid in full out of the assets of the industrial undertakings unless such assets are insufficient to meet them, in which case they shall abate in equal proportions.] 1[29E. Validation.—Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, any power exercised, or action taken or done or purported to have been taken or done, by the Central Government or, as the case may be, the State Government, shall be deemed to be, and shall always deemed to have been, for all purposes, as validly taken or done or omitted to be done, as if the amendment made to the First Schedule by the Industries (Development and Regulation) Amendment Act, 2016 had been in force at all material times and no suit or claim or other proceedings shall be instituted, maintained or continued in any court, tribunal or other authority as such.] **30. Power to make rules.—(1) The Central Government may, subject to the condition of previous** publication, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the constitution of the Advisory Council and Development Councils, the term of office and other conditions of service of, the procedure to be followed by, and the manner of filling casual vacancies among members of the Advisory Council or a Development Council; (b) the form of the statement of account to be furnished by a Development Council; (c) the intervals at which, the time within which, and the manner in which the cess leviable under section 9 shall be payable and the rebate for the prompt payment of such cess; (d) the expenses which a Development Council may meet from the proceeds of the cess levied under section 9 which may have been handed over to it; (e) the appointment by or with the approval of the Central Government of any officers of a Development Council; (f) the facilities to be provided by any industrial undertaking for the training of technicians and labour; (g) the collection of any information or statistics in respect of any scheduled industry; (h) the manner in which industrial undertakings may be registered under section 10 and the levy of a fee therefor; (i) the procedure for the grant or issue of licences and permissions under[2][section 11, section 11A[3][section 13 or section 29B]], the time within which such licences or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such public inquiry in relation thereto as may be necessary in the circumstances; (j) the fees to be levied in respect of licences and permissions issued under this Act; (k) the matters which may be taken into account in the granting or issuing of licences and permissions, including in particular, the previous consultation by the Central Government with the Advisory Council or any Development Council or both in regard to the grant or issue of any such licences or permission; (l) the procedure to be followed in making any investigation under this Act; 1. Ins. by Act 27 of 2016, s. 2 (w.e.f. 14-5-2016). 2. Subs. by Act 26 of 1953, s. 18, for “section 11 or section 13” (w.e.f. 1-10-1953). 3. Subs. by Act 71 of 1956, s. 6, for “or section 13” (w.e.f. 1-3-1957). ----- (m) the conditions which may be included in any licences and permissions; (n) the conditions on which licences and permissions may be varied or amended under section 12; (o) the maintenance of books, accounts and records relating to an industrial undertaking; (p) the submission of special or periodical returns relating to an industrial undertaking by persons having the control of, or employed in connection with, such undertaking, and the forms in which, and the authorities to which, such returns and reports shall be submitted; 1[(pp) any matter which is to be or may be prescribed for giving effect to the provisions of Chapter IIIAA or Chapter IIIAC;] 2[(ppa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 24A; (ppb) the form and manner of preferring appeal under sub-section (1) of section 24B;] (q) any other matter which is to be or may be prescribed under this Act. (3) Any rule made under this section may provide that a contravention thereof shall be [3][liable to penalty] under section 24. 4[(4) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **31. Application of other laws not barred.—The provisions of this Act shall be in addition to and** not, save as otherwise expressly provided in this Act, in derogation of any other Central Act for the time being in force, relating to any of the scheduled industries. **32.[Amendment of section 2, Act 14 of 1947.]—Rep. by the Repealing and Amending Act 1957 (36 of** 1957), s. 2 and the First Schedule (w.e.f. 17-9-1957). 1. Ins. by Act 72 of 1971, s. 9 (w.e.f. 1-11-1971). 2. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 12-12-2023). 3. Subs. by s. 2 and Schedule, ibid., for “punishable” (w.e.f. 12-12-2023). 4. Subs. by Act 4 of 1986, s. 2 and the Schedule, for sub-section (4) (w.e.f. 15-5-1986). ----- 1[THE FIRST SCHEDULE [See sections 2 and 3(i)] Any industry engaged in the manufacture or production of any of the articles mentioned under each of the following headings or sub-headings, namely:— 1. METALLURGICAL INDUSTRIES: _A. Ferrous:_ (1) Iron and steel (Metal). (2) Ferro-alloys. (3) Iron and Steel castings and forgings. (4) Iron and Steel structurals. (5) Iron and Steel pipes. (6) Special steels (7) Other products of iron and steel. _B. Non-ferrous:_ 2[(1) Precious metals, including gold and silver, and their alloys; (1A) Other non-ferrous metals and their alloys.] (2) Semi-manufactures and manufactures. 2. FUELS: (1) Coal, lignite, coke and their derivatives. (2) Mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like. (3) Fuel gases—(coal gas, natural gas and the like). 3. BOILERS AND STEAM GENERATING PLANTS: Boilers and steam generating plants. 4. PRIME MOVERS (OTHER THAN ELECTRICAL GENERATORS): (1) Steam engines and turbines. (2) Internal combustion engines. 5. ELECTRICAL EQUIPMENT: (1) Equipment for generation, transmission and distribution of electricity including transformers. (2) Electrical motors. (3) Electrical fans. (4) Electrical lamps. (5) Electrical furnaces. (6) Electrical cables and wires. (7) X-ray equipment. 1. Subs. by Act 71 of 1956, s. 7, for the First Schedule (w.e.f. 1-3-1957). 2. Subs. by Act 37 of 1962, s. 2, for item (1) (w.e.f. 16-9-1962). ----- (8) Electronic equipment. (9) Household appliances such as electric irons, heaters and the like. (10) Storage batteries. (11) Dry cells. 6. TELECOMMUNICATIONS: (1) Telephones. (2) Telegraph equipment. (3) Wireless communication apparatus. (4) Radio receivers, including amplifying and public address equipment. (5) Television sets. (6) Teleprinters. 7. TRANSPORTATION: (1) Aircraft. (2) Ships and other vessels drawn by power. (3) Railway locomotives. (4) Railway rolling stock. (5) Automobiles (motor cars, buses, trucks, motor cycles, scooters and the like). (6) Bicycles. (7) Others, such as fork lift trucks and the like. 8. INDUSTRIAL MACHINERY: _A. Major items of specialised equipment used in specific industries:—_ (1) Textile machinery (such as spinning frames, carding machines, power looms and the like) including textile accessories. (2) Jute machinery. (3) Rayon machinery. (4) Sugar machinery. (5) Tea machinery. (6) Mining machinery. (7) Metallurgical machinery. (8) Cement machinery. (9) Chemical machinery. (10) Pharmaceuticals machinery. (11) Paper machinery. _B. General items of machinery used in several industries, such as the equipment required for_ _various ‘unit processes’:_ (1) Size reduction equipment—crushers, ball mills and the like. (2) Conveying equipment—bucket elevators, skip hoist, cranes, derricks and the like. (3) Size separation units—screens, classifiers and the like. ----- (4) Mixers and reactors—kneading mills, turbo mixers and the like. (5) Filtration equipment—filter presses, rotary filters and the like. (6) Centrifugal machines. (7) Evaporators. (8) Distillation equipment. (9) Crystallisers. (10) Driers. (11) Power driven pumps—reciprocating, centrifugal and the like. (12) Air and gas compressors and vacuum pipes (excluding electrical furnaces). (13) Refrigeration plants for industrial use. (14) Fire-fighting equipment and appliances including fire engines. _C. Other items of Industrial Machinery:_ (1) Ball, roller and tapered bearings. (2) Speed reduction units. (3) Grinding wheels and abrasives. 9. MACHINE TOOLS: Machine Tools. 10. AGRICULTURAL MACHINERY: (1) Tractors, harvesters and the like. (2) Agricultural implements. 11. EARTH-MOVING MACHINERY: Bulldozers, dumpers, scrapers, loaders, shovels, drag lines, bucket wheel excavators, road rollers and the like. 12. MISCELLANEOUS MECHANICAL AND ENGINEERING INDUSTRIES: (1) Plastic moulded goods. (2) Hand tools, small tools and the like. (3) Razor blades. 1[(4) Pressure Cookers. (5) Cutlery. (6) Steel furniture.] 13. COMMERCIAL, OFFICE AND HOUSEHOLD EQUIPMENT: (1) Typewriters. (2) Calculating machines. (3) Air conditioners and refrigerators. (4) Vacuum cleaners. (5) Sewing and knitting machines. (6) Hurricane lanterns. 1. Ins. by Act 17 of 1979, s. 3 (w.e.f. 30-12-1978). ----- 14. MEDICAL AND SURGICAL APPLIANCES: Surgical instruments—sterilisers, incubators and the like. 15. INDUSTRIAL INSTRUMENTS: (1) Water meters, steam meters, electricity meters and the like. (2) Indicating, recording and regulating devices for pressure, temperature, rate of flow, weights, levels and the like. (3) Weighing machines. 16. SCIENTIFIC INSTRUMENTS: Scientific instruments. 17. MATHEMATICAL, SURVEYING AND DRAWING INSTRUMENTS: Mathematical, surveying and drawing instruments. 18. FERTILISERS: (1) Inorganic fertilisers. (2) Organic fertilisers. (3) Mixed fertilisers. 19. CHEMICALS (OTHER THAN FERTILISERS): (1) Inorganic heavy chemicals. (2) Organic heavy chemicals. (3) Fine chemicals including photographic chemicals. (4) Synthetic resins and plastics. (5) Paints, varnishes and enamels. (6) Synthetic rubbers. (7) Man-made fibers including regenerated cellulose-rayon, nylon and the like. (8) Coke oven by-products. (9) Coal tar distillation products like naphthalene, anthracene and the like. (10) Explosives including gunpowder and safety fuses. (11) Insecticides, fungicides, weedicides and the like. (12) Textile auxiliaries. (13) Sizing materials including starch. (14) Miscellaneous chemicals. 20. PHOTOGRAPHIC RAW FILM AND PAPER: (1) Cinema film. (2) Photographic amateur film. (3) Photographic printing paper. 21. DYE-STUFFS: Dye-stuffs. 22. DRUGS AND PHARMACEUTICALS: Drugs and Pharmaceuticals. ----- 23. TEXTILES (INCLUDING THOSE DYED, PRINTED OR OTHERWISE PROCESSED): (1) Made wholly or in part of cotton, including cotton yarn, hosiery and rope, (2) Made wholly or in part of jute, including jute twine and rope. (3) Made wholly or in part of wool, including wool tops, woollen yarn, hosiery, carpets and druggets; (4) Made wholly or in part of silk, including silk yarn and hosiery; (5) Made wholly or in part of synthetic, artificial (man-made) fibers, including yarn and hosiery of such fibers. 24. PAPER AND PULP INCLUDING PAPER PRODUCTS: (1) Paper—writing, printing and wrapping. (2) Newsprint. (3) Paper board and straw board. (4) Paper for packaging (corrugated paper, Kraft paper), bags, paper containers and the like. (5) Pulp—wood pulp, mechanical, chemical, including dissolving pulp. 25. SUGAR: Sugar. 1[26. FERMENTATION INDUSTRIES (OTHER THAN POTABLE ALCOHOL):] (1) Alcohol. (2) Other products of fermentation industries 27. FOOD PROCESSING INDUSTRIES: (1) Canned fruits and fruit products. (2) Milk foods. (3) Malted foods. (4) Flour. (5) Other processed foods. 28. VEGETABLE OILS AND VANASPATI: (1) Vegetable oils, including solvent extracted oils. (2) Vanaspati. 29. SOAPS, COSMETICS AND TOILET PREPARATIONS: (1) Soaps. (2) Glycerine. (3) Cosmetics. (4) Perfumery (5) Toilet preparations. 30. RUBBER GOODS: (1) Tyres and tubes. (2) Surgical and medicinal products including prophylactics. (3) Footwear. (4) Other rubber goods. 1. Subs. by Act 27 of 2016, s. 3, for “26. FERMENTATION INDUSTRIES:” (w.e.f. 14-5-2016). ----- 31. LEATHER, LEATHER GOODS AND PICKERS: Leather, leather goods and pickers. 32. GLUE AND GELATIN: Glue and gelatin. 33. GLASS: (1) Hollow ware. (2) Sheet and plate glass. (3) Optical glass. (4) Glass wool. (5) Laboratory ware. (6) Miscellaneous ware. 34. CERAMICS: (1) Fire bricks. (2) Refractories. (3) Furnace lining bricks—acidic, basic and neutral. (4) Chinaware and pottery. (5) Sanitary ware. (6) Insulators. (7) Tiles. 1[8) Graphite Crucibles.] 35. CEMENT AND GYPSUM PRODUCTS: (1) Portland cement. (2) Asbestos cement. (3) Insulating boards. (4) Gypsum boards, wall boards and the like. 36. TIMBER PRODUCTS: (1) Plywood. (2) Hardboard, including fiber-board, chip-board and the like. (3) Matches. (4) Miscellaneous (furniture components, bobbins, shutters and the like). 37. DEFENCE INDUSTRIES: Arms and ammunition. 38. MISCELLANEOUS INDUSTRIES: 2[(1)] Cigarettes. 3[(2) Linoleum, whether felt based or jute based.] 1. Ins. by Act 17 of 1979, s. 3 (w.e.f. 30-12-1978). 2. Item “Cigarettes” re-numbered as item (1) thereof by Act 67 of 1973, s. 4 (w.e.f. 7-2-1974). 3. Ins. by s. 4, ibid. (w.e.f. 7-2-1974). ----- 1[(3) Zip fasteners (metallic and non-metallic). (4) Oil Stoves. (5) Printing, including litho printing industry.] _Explanation 1.—The articles specified under each of the headings Nos. 3, 4, 5, 6, 7, 8, 10, 11 and_ 13 shall include their component parts and accessories. _Explanation 2.—The articles specified under each of the headings Nos. 18, 19, 21, and 22 shall_ include the intermediates required for their manufacture.] 1. Ins. by Act 17 of 1979, s. 3 (w.e.f. 30-12-1978). ----- THE SECOND SCHEDULE [See section 6(4)] Functions which may be assigned to Development Councils:— (1) Recommending targets for production, co-ordinating production programmes and reviewing progress from time to time. (2) Suggesting norms of efficiency with a view to eliminating waste, obtaining maximum production, improving quality and reducing costs. (3) Recommending measures for securing the fuller utilisation of the installed capacity and for improving the working of the industry, particularly of the less efficient units. (4) Promoting arrangements for better marketing and helping in the devising of a system of distribution and sale of the produce of the industry which would be satisfactory to the consumer. (5) Promoting standardisation of products. (6) Assisting in the distribution of controlled materials and promoting arrangements for obtaining materials for the industry. (7) Promoting or undertaking inquiry as to materials and equipment and as to methods of production, management and labour utilisation, including the discovery and development of new materials, equipment and methods and of improvements in those already in use, the assessment of the advantages of different alternatives and the conduct of experimental establishments and of tests on a commercial scale. (8) Promoting the training of persons engaged or proposing engagement in the industry and their education in technical or artistic subjects relevant thereto. (9) Promoting the retaining in alternative occupations of personnel engaged in or retrenched from the industry. (10) Promoting or undertaking scientific and industrial research, research into matters affecting industrial psychology and research into matters relating to production and to the consumption or use of goods and services supplied by the industry. (11) Promoting, improvements and standardisation of accounting and costing methods and practice. (12) Promoting or undertaking the collection and formation of statistics. (13) Investigating possibilities of decentralising stages and processes of production with a view to encouraging the growth of allied small scale and cottage industries. (14) Promoting the adoption of measures for increasing the productivity of labour, including measures for securing safer and better working conditions and the provision and improvement of amenities and incentives for workers. (15) Advising on any matters relating to the industry (other than remuneration and conditions of employment) as to which the Central Government may request the Development Council to advise and undertaking inquiries for the purpose of enabling the Development Council so to advise, and (16) Undertaking arrangements for making available to the industry information obtained and for advising on matters with which the Development Councils are concerned in the exercise of any of their functions. ----- 1[THE THIRD SCHEDULE (See section 18-FB) 1. The Industrial Employment (Standing Orders) Act, 1946 (20 of 1946). 2. The Industrial Disputes Act, 1947 (14 of 1947). 3. The Minimum Wages Act, 1948 (11 of 1948).] 1. Ins. by Act 72 of 1971, s. 10 (w.e.f. 1-11-1971). -----

31-Oct-1951

63

The State Financial Corporations Act, 1951

https://www.indiacode.nic.in/bitstream/123456789/2018/1/195163.pdf

central

# THE STATE FINANCIAL CORPORATIONS ACT, 1951 ________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II INCORPORATION OF STATE FINANCIAL CORPORATIONS THEIR CAPITAL AND MANAGEMENT 3. Establishment of State Financial Corporations. 3A. Establishment of Joint Financial Corporations. 4. Share capital and share-holders. 4A. Special class of shares. 4B. Transfer of share capital to Development Bank. 4C. Payment of amount. 4D. Issue of redeemable preference shares. 4E. Reduction of share capital. 4F. Restriction on exercising of voting right. 4G. Proxy voting. 4H. Transfer of share capital to Small Industries Bank. 5. Transfer of shares. 6. Conversion of shares guaranteed by State Government. 7. Additional capital of Financial Corporation and its borrowing powers. 8. Deposits with the Financial Corporation. 9. Managements. 10. Board of directors. 10A. [Omitted.] 11. Term of office and retirement of directors. 12. Disqualifications for being a director. 13. Removal of director from office. 14. Resignation of office by director and filling up of casual vacancies. 15. Chairman of Board. 16. Remuneration of directors. 17. Managing director. 18. Executive Committee. 19. Meetings of the Board and Committee. 20. Powers of Executive Committee. 21. Advisory Committee. 22. Offices and agencies. 23. Officers and other employees of the Financial Corporation. 1 ----- CHAPTER III POWERS AND DUTIES OF THE BOARD SECTIONS 24. General duty of the Board. 25. Business which Financial Corporation may transact. 25A. Power to acquire rights. 25B. Gifts, grants, etc. 26. Limit of accommodation. 27. Power to impose conditions for accommodation. 28. Prohibited business. 29. Rights of Financial Corporation in case of default. 30. Power to call for repayment before agreed period. 31. Special provisions for enforcement of claims by Financial Corporation. 32. Procedure of district judge in respect of applications under section 31. 32A. Power of Financial Corporation to appoint directors or administrators of an industrial concern when management is taken over. 32B. Effect of notified order under section 32A. 32C. Powers and duties of directors and administrators. 32D. No right to compensation for termination of contract of managing agent, managing director, etc. 32E. Application of Act 1 of 1956. 32F. Restriction on tiling of suite for dissolution, etc., of an industrial concern not being a company when its management is taken over. 32G. Recovery of amounts due to the Financial Corporation as an arrear of land revenue. CHAPTER IV INVESTMENT OF FUNDS, ACCONTS AND AUDIT 33. Funds of the Financial Corporation. 34. Investment of funds. 35. Disposal of profits. 35A. Special reserve fund. 36. General meetings. 37. Audit. 37A. Inspection. 38. Returns. CHAPTER V MISCELLANEOUS 39. Power to give instructions to Financial Corporation on questions of policy. 40. Declaration of fidelity and secrecy. 41. Indemnity of directors. 41A. Protection of action taken by persons appointed under section 27 or section 32A. 41B. Nomination in respect of deposits, bonds, etc. 42. Offences. 43. Provisions relating to income-tax and super-tax. 43A. Delegation of powers. 43B. Reports to the Board. 2 ----- SECTIONS 44. Act 18 of 1891 to apply to the books of the Financial Corporation. 45. Liquidation of Financial Corporation. 46. Power to apply Act to certain financial institutions in existence at commencement of Act. 46A. Extension of jurisdiction of the Financial Corporation to other States by agreement. 46B. Effect of Act on other laws. 47. [Omitted.] 48. Power of Board to make regulations. 48A. Laying of rules and regulations before State Legislature. 48B. Power to make rules. 49. Power to remove difficulty. THE SCHEDULE. 3 ----- # THE STATE FINANCIAL CORPORATIONS ACT, 1951[1] # ACT NO. 63 OF 1951 [31st October, 1951.] # An Act to provide for the establishment of State Financial Corporations. BE it enacted by Parliament as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the State Financial** Corporations Act, 1951. (2) It extends to the whole of India [2]***. (3) It shall come into force in any State on such date[3 ]as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act unless the context otherwise requires,—** (a) “Board” means the Board of directors of the Financial Corporation; 4[(aa) “Development Bank” means the Industrial Development Bank of India established under the Industrial Development Bank of India Act, 1964 (18 of 1964);] 5[(b) “Financial Corporation” means a Financial Corporation established under section 3 and includes a Joint Financial Corporation established under section 3A;] 6[(c) “industrial concern” means any concern engaged or to be engaged in— (i) the manufacture, preservation or processing of goods; 7[(ii) mining or development of mines;] (iii) the hotel industry; (iv) the transport of passengers or goods by road or by water or by air [8][or by ropeway or by lift]; (v) the generation or distribution of electricity or any other form of power; (vi) the maintenance, repair, resting or servicing of machinery of any description or vehicles or vessels or motor boats or trailers or tractors; (vii) assembling, repairing or packing any article with the aid of machinery or power; 9[(viii) the setting up or development of an industrial area or industrial estate;] (ix) fishing or providing shore facilities for fishing or maintenance thereof; [10]*** 1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule; to Pondicherry by Reg. 7 of 1963, s. 3 and the First Schedule; to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule and to the State of Sikkim on 24th October, 1975, vide notification No. S.O. 615(E), dated 23rd October, 1975. 2. The words “except the State of Jammu and Kashmir” omitted by Act 62 of 1956, s. 2 and the Schedule. 3. 1st August, 1952 (in the whole of India except the State of Jammu and Kashmir), vide notification No. S.R.O. 1317, dated 28th July, 1952, see Gazette of India, Part II, sec. 3. 4. Ins. by Act 77 of 1972, s. 2 (w.e.f. 30-12-1972). 5. Subs. by Act 56 of 1956, s. 2, for clause (b) (w.e.f. 1-10-1956). 6. Subs. by Act 77 of 1972, s. 2, for clause (c) (w.e.f. 30-12-1972). 7. Subs. by Act 43 of 1985, s. 2, for sub-clause (ii) (w.e.f. 21-8-1985) 8. Ins. by s. 2, ibid. (w.e.f. 21-8-1985) 9. Subs. by s. 2, ibid., for sub-clause (viii) (w.e.f. 21-8-1985). 10. The word “or” omitted by s. 2, ibid. (w.e.f. 21-8-1985). 4 ----- 1[(x) providing weigh bridge facilities; (xi) providing engineering, technical, financial, management, marketing or other services or facilities for industry; (xii) providing medical, health or other allied, services; (xiii) providing software or hardware services relating to information technology, telecommunications or electronics including satellite linkage and audio or visual cable communication; (xiv) setting up or development of tourism related facilities including amusement parks, convention centres, restaurants, travel and transport (including those at airports), tourist service agencies and guidance and counselling services to the tourists; (xv) construction; (xvi) development, maintenance and construction of roads; (xvii) providing commercial complex facilities and community centres including conference halls; (xviii) floriculture; (xix) tissue culture, fish culture, poultry farming, breeding and hatcheries; (xx) service industry, such as altering, ornamenting, polishing, finishing, oiling, washing, cleaning or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; (xxi) research and development of any concept, technology, design, process of product, whether in relation to any of the matters aforesaid, including any activities approved by the Small Industries Bank; or (xxii) such other activity as may be approved by the Small Industries Bank;] 2[Explanation 1.—The expression “processing of goods” includes any art or process for producing, preparing or making an article by subjecting any material to a manual, mechanical, chemical, electrical or any other like operation.] 3[Explanation 2. —If any doubt arises as to whether a concern is an industrial concern or not, the same shall be referred to the [4][Small Industries Bank] for its decision and the decision of the [4][Small Industries Bank] thereon shall be final.] (d) “prescribed” means prescribed by rules or regulations made under this Act; 5[(da) the expression “public sector bank” means the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955), a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980);] (e) “Reserve Bank” means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (2 of 1934); (f) “scheduled bank” means a bank for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934); 1. Subs. by Act 39 of 2000, s. 2, for clauses (x) to (xiii) (w.e.f. 5-9-2000). 2. Explanation renumbered as Explanation 1 by Act 43 of 1985, s. 2 (w.e.f. 21-8-1985). 3. Ins. by s. 2, ibid. (w.e.f. 21-8-1985). 4. Subs. by Act 39 of 2000, s. 2, for “Development Bank” (w.e.f. 5-9-2000). 5. Ins. by s. 2, ibid. (w.e.f. 5-9-2000). 5 ----- 1[(fa) “Small Industries Bank” means the Small Industries Development Bank of India established under sub-section (1) of section 3 of the Small Industries Development Bank of India Act, 1989 (39 of 1989);] [2][ [3][(fb)] “State Co-operative Bank” shall have the meaning assigned to it in Clause (f) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934);] [4][(fc)] “State Government”, in relation to a Union territory, means the Administrator thereof; (g) “underwriting” means contract, with or without conditions, to subscribe for stocks, shares, bonds or debentures of an industrial concern with a view to the resale of the whole or any part thereof. CHAPTER II INCORPORATION OF STATE FINANCIAL CORPORATIONS, THEIR CAPITAL AND MANAGEMENT **3. Establishment of State Financial Corporations.—(1) The State Government may, by notification** in the Official Gazette, establish a Financial Corporation for the State under such name as may be specified in the notification. (2) The Financial Corporation shall be a body corporate by the name notified under sub-section (1), having perpetual succession and a common seal, with power, subject to the provisions of this Act, to 5[acquire, hold and dispose of] property and shall by the said name sue and be sued. **6[3A. Establishment of Joint Financial Corporations.—(1) Notwithstanding anything contained in** section 3, two or more States may, after consultation with the [7][Small Industries Bank], enter into an agreement that there shall be one Financial Corporation for the group of States participating in the agreement and if the agreement is published in the Official Gazette of each of those States, the Central Government may, by notification in the Official Gazette, establish a Joint Financial Corporation to serve the needs of those States under such name as may be specified in the notification. (2) An inter-State agreement under sub-section (1) among the participating States may— (a) provide for the fixation of the authorised capital of the Joint Financial Corporation, the number of fully paid-up shares into which it shall be divided and the allocation among the participating States of the shares to be distributed under clause (a) of sub-section (3) of section 4; (b) provide for the sharing of the liability for me guarantee under section 6 or section 7 [8][or section 8]; (c) provide for the number of directors to be nominated to the Board by each participating State Government; (d) provide for the apportionment among the participating States of expenditure in connection with the Joint Financial Corporation; 9* - - - (f) determine which of the participating State Governments shall exercise the several functions of the State Government under this Act, and references in this Act to the State Government, in relation to the Joint Financial Corporation, shall, save as otherwise expressly provided, be construed accordingly; 1. Ins. by Act 39 of 2000, s. 2 (w.e.f. 5-9-2000). 2. Subs. by Act 6 of 1962, s. 2, for Clause (fb) (w.e.f. 16-4-1962). 3. Clause (ff) re-lettered as clause (fb) thereof by Act 39 of 2000, s. 2 (w.e.f. 5-9-2000). 4. Clause (fff) re-lettered as clause (fc) thereof by s. 2, ibid. (w.e.f. 5-9-2000). 5. Subs. by Act 56 of 1956, s. 3, for “acquire and to hold” (w.e.f. 1-10-1956). 6. Ins. by s. 4, ibid. (w.e.f. 1-10-1956). 7. Subs. by Act 52 of 1975, s. 24, for “Reserve Bank” (w.e.f. 16-2-1976). 8. Ins. by Act 6 of 1962, s. 3 (w.e.f. 16-4-1962). 9. Omitted by Act 43 of 1985, s. 3 (w.e.f. 21-8-1985). 6 ----- (g) provide for consultation among the participating States either generally or with reference to particular matters arising under this Act; (h) make such incidental and consequential provisions, not inconsistent with this Act, as may be deemed necessary or expedient for giving effect to the agreement. (3) The Joint Financial Corporation shall be a body corporate by the name notified under sub-section (1), having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property and shall by the said name sue and be sued. (4) Any reference in this Act to “State” in relation to a Joint Financial Corporation established for two or more States, shall be construed as a reference to each such State.] **4. Share capital and share-holders.—[1][(1) The authorised capital of the Financial Corporation shall** be such sum as may be fixed by the State Government in this behalf, but it shall not be less than fifty lakhs of rupees or exceed five hundred crores of rupees: Provided that the State Government may, on the recommendation of the Small Industries Bank, by notification in the Official Gazette, increase the authorised capital up to one thousand crores of rupees. (2) Subject to the provisions of section 4D, the authorised capital shall be divided into such number of fully paid-up shares of the same face value and such number of fully paid-up redeemable preference shares of the same face value and shall be issued to the parties mentioned in clauses (a), (b) and (c) of sub-section (3) and in the case of parties referred to in clause (d) of that sub-section, such shares shall be issued at such times and in such manner as the State Government may, by notification in the Official Gazette, determine. (3) Subject to the approval of the State Government and the Small Industries Bank, the Board shall determine the number of shares which may, respectively, be distributed among— (a) the State Government; (b) the Small Industries Bank; (c) public sector banks, the Life Insurance Corporation of India established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), other insurance companies owned or controlled by the Central Government, other institutions owned or controlled by the Central Government or the State Government, as the case may be; and (d) parties other than those referred to in clause (a), or clause (b) or clause (c): Provided that the number of shares which may be allocated to parties referred to in clause (d) shall in no case exceed forty-nine per cent. of the total number of issued equity shares: Provided further that no increase in the issued equity capital shall be made in such a manner that the parties referred to in clause (a) or clause (b) or clause (c) hold in aggregate, at any time less than fifty-one per cent. of the issued equity capital of the Financial Corporation.] (4) Subject to the other provisions contained in this section, the allocation of shares among the parties referred to in clauses (c) and (d) of sub-section (3) and the allotment of such shares shall be made by the Financial Corporation in such manner as may be prescribed. 2[(5) If any shares allocated to any of the parties referred to in clauses (c) and (d) of sub-section (3) remain unsubscribed, they shall be subscribed for equally by the State Government and the [3][Small Industries Bank].] **4[4A. Special class of shares.—5[(1) The State Government may, in consultation with the** [3[Small](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=54148&iActID=1393#f3) Industries Bank], specify from time to time such part of the unissued capital of the Financial Corporation as shall be allocated for the issue of a special class of shares.] 1. Subs. by Act 39 of 2000, s. 4, for sections (1), (2) and (3) (w.e.f. 5-9-2000). 2. Subs. by Act 43 of 1985, s. 3, for sub-section (5) (w.e.f. 21-8-1985). 3. Subs. by Act 39 of 2000, s. 4, for “Development Bank” (w.e.f. 5-9-2000). 4. Ins. by Act 77 of 1972, s. 4 (w.e.f. 30-12-1972). 5. Subs. by Act 52 of 1975, s. 26, for sub-section (1) (w.e.f. 16-2-1976). 7 ----- (2) The special class of shares so allocated under sub-section (1), shall be,— (a) divided into such number of shares of the same face value as the State Government may, in consultation with the [1][Small Industries Bank], determine; (b) subscribed by the State Government and the [1][Small Industries Bank] and they may do so in such proportion as may be agreed upon by and between them and the Financial Corporation shall make allotment of such shares accordingly. (3) The funds representing the capital subscribed as aforesaid shall be used only for such purposes, in such manner and for rendering assistance to such class or category of industrial concerns, as the [1][Small Industries Bank] may, in consultation with and after obtaining the advice of the State Government, specify in this behalf from time to time and nothing contained in [2]*** section 48 shall apply thereto. (4) The rate of dividend declared on the special class of shares in respect of any accounting year of a Financial Corporation shall not exceed the rate of dividend in respect of its other shares. (5) Nothing contained in sub-sections (2) to (5) of section 4, section 5, and [3][sub-sections (1) to (4) of section 6], shall apply to the special class of shares.] **4[4B. Transfer of share capital to Development Bank .—On such date as the Central Government** may, by notification in the Official Gazette, specify (hereinafter referred to as the specified date), all the shares of every Financial Corporation subscribed by the Reserve Bank as on the date immediately preceding the specified date, shall, stand transferred to, and vested in, the Development Bank. **4C. Payment of amount.—The Reserve Bank shall be given by the Development Bank, in cash, for** the transfer to, and vesting in, the Development Bank of the shares of every Financial Corporation which have been subscribed by the Reserve Bank, an amount equal to the face value of the shares of the Financial Corporation so subscribed.] **5[4D. Issue of redeemable preference shares.—(1) On and after the commencement of the State** Financial Corporations (Amendment) Act, 2000, the Financial Corporation may— (a) issue redeemable preference shares on such terms and in such manner as the Board may decide; and (b) convert, such number of equity shares as it may decide into redeemable preference shares, with the prior approval of the State Government and the Small Industries Bank, by a resolution passed in the general meeting of the shareholers: Provided that such conversion shall in no case reduce the equity shares held by the parties referred to in clauses (a), (b) and (c) of sub-section (3) of section 4 to less than fifty-one per cent. of the issued equity capital of the Financial Corporation. (2) The redeemable preference shares referred to in sub-section (1) shall— (a) carry such fixed rate of dividend as the Financial Corporation may specify at the time of such issue or conversion; and (b) neither be transferable nor carry any voting rights. (3) The redeemable preference shares referred to in sub-section (1) shall be redeemed by the Financial Corporation in such instalments and in such manner as the Board may determine. **4E. Reduction of share capital.—(1) The Financial Corporation, with the prior approval of the State** Government and the Small Industries Bank, may, by resolution passed in a general meeting of the shareholders, reduce its share capital in any way. 1. Subs. by Act 39 of 2000, s. 5, for “Development Bank” (w.e.f. 5-9-2000). 2. Subs. by s. 5, ibid., for “section 47” (w.e.f. 5-9-2000). 3. Subs. by s. 5, ibid., for “sub-section (1) of section 6” (w.e.f. 5-9-2000). 4. Ins. by Act 52 of 1975, s. 27 (w.e.f. 16-2-1976). 5. Ins. by Act 39 of 2000, s. 6 (w.e.f. 5-9-2000). 8 ----- (2) Without prejudice to the generality of the foregoing power, the share capital may be reduced by— (a) extinguishing or reducing the liability on any of its equity shares in respect of share capital not paid-up; or (b) either with or without extinguishing or reducing liability on any of its equity shares, cancelling any paid-up share capital which is lost or is unrepresented by available assets; or (c) either with or without extinguishing or reducing liability on any of its equity shares, paying off any paid-up share capital which is in excess of the wants of the Financial Corporation. **4F. Restriction on exercising of voting right.—Every shareholder of the Financial Corporation** holding equity shares shall have a right to vote in respect of such shares on every resolution and his voting right on a poll shall be in proportion to his share of the paid-up equity capital of the Financial Corporation: Provided however, that no shareholder, other than a shareholder referred to in clauses (a), (b) and (c) of sub-section (3) of section 4, shall be entitled to exercise voting rights in respect of any equity share held by him in excess of ten per cent. of the issued equity capital. **4G. Proxy voting.—In a general meeting referred to in clause (b) of sub-section (1) of section 4D** and sub-section (1) of section 4E, the resolution for conversion or reduction of share capital shall be passed by shareholders entitled to vote, voting in person, or, where proxies are allowed, by proxy, and the votes cast in favour of the resolution are not less than three times the number of votes, if any, cast against the resolution by shareholders so entitled and voting. **4H. Transfer of share capital to Small Industries Bank.—On such date as the Central Government** may, by notification in the Official Gazette, notify (hereinafter referred to as the notified date) all the shares of every Financial Corporation subscribed by the Development Bank and the amount outstanding in respect of loans in lieu of capital provided by the Development Bank as on the date immediately preceding the notified date, shall stand transferred to, and vested in, the Small Industries Bank, such transfer shall be at such rate and be paid in cash or such other manner as may be mutually agreed upon between the Development Bank and the Small Industries Bank.] 1[5. Transfer of shares. —(1) Save as otherwise provided in sub-section (2), the shares of the Financial Corporation shall be freely transferable. (2) Nothing contained in sub-section (1) shall entitle the parties referred to in clauses (a), (b) and (c) of sub-section (3) of section 4 to transfer any of the shares held by them in the Financial Corporation if such transfer will result in reducing the aggregate value of shares held by them to less than fifty-one per cent. of the issued equity capital of the Financial Corporation. (3) The Board may refuse to register the transfer of any shares in the name of the transferee on any one or more of the following grounds, and on no other ground, namely:— (a) the transfer of the shares is in contravention of the provisions of the Act or regulations made thereunder or any other law; (b) the transfer of the shares, in the opinion of the Board, is prejudicial to the interests of the Financial Corporation or to the public interest; (c) the transfer of shares is prohibited by an order of a court, tribunal or any other authority under any law for the time being in force. 4. The Board shall, before the expiry of two months from the date on which the instrument of transfer of shares of the Financial Corporation is lodged with it for the purpose of registration of such transfer, not 1. Subs. by Act 39 of 2000, s. 7, for sections 5 to 10 (w.e.f. 5-9-2000). 9 ----- only form, in good faith, its opinion as to whether such registration ought not or ought to be refused on any of the grounds referred to in sub-section (3) but also,— (a) if it has formed the opinion that such registration ought not to be so refused, effect such registration; and (b) if it has formed the opinion that such registration ought to be refused on any of the grounds mentioned in sub-section (3), intimate the transferor and the transferee by notice in writing. (5) An appeal against the order of refusal of the Board under sub-section (4) shall lie to the Central Government and the procedure for filing and hearing of such appeal shall be in accordance with the rules made by the Central Government in this behalf. **6. Conversion of shares guaranteed by State Government.—(1) On the commencement of the** State Financial Corporations (Amendment) Act, 2000, every shareholder shall be given by the Financial Corporation an option to require the Financial Corporation to convert the shares held by him into shares of the same nominal value without the State Government guarantee and issue fresh share certificate or to pay the amount paid in respect of such shares not exceeding the face value of the shares held by him. (2) The option referred to in sub-section (1) shall be given by the Financial Corporation to every existing shareholder before the expiry of three months from the commencement of the State Financial Corporations (Amendment) Act, 2000 and shall be exercised by the shareholder within three months from the date of receipt of such option. (3) The option exercised under sub-section (2) shall be final and shall not be altered or rescinded after it has been exercised. (4) If, a shareholder exercises option for receiving the payment within the stipulated time, the Financial Corporation shall, on surrender of the share certificate held by him, pay him the amount paid in respect of such shares not exceeding the face value thereof: Provided that if any shareholder fails to exercise the option given to him under sub-section (1), within the time stipulated in sub-section (2), he shall be deemed to have exercised the first option. (5) Nothing contained in sub-section (4) shall be deemed to result in reduction of the share capital and the Financial Corporation may, subject to the provisions of sub-section (3) of section 4, allot the shares surrendered by any shareholder, to any other person. (6) The Financial Corporation shall keep at its head office a register, in one or more books, of shareholders and shall enter therein the following particulars so far as they may be available, namely:— (i) the name, addresses and occupations, if any, of the shareholders and a statement of the shares held by each shareholder, distinguishing each share by its denoting number; (ii) the date on which each person is so entered as a shareholder; (iii) the date on which any person ceases to be a shareholder; and (iv) such other particulars as may be prescribed: Provided that nothing in this sub-section shall apply to the shares held with a depository under the Depositories Act, 1996 (22 of 1996). (7) Notwithstanding anything contained in sub-section (6), it shall be lawful for the Financial Corporation to keep the register of the shareholders in computer floppies or diskettes, compact disk or any other electronic form subject to such safeguards as may be prescribed. (8) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), a copy of, or extract from, the register of shareholders, certified to be a true copy under the hand of an officer of the Financial Corporation authorised in this behalf, shall, in all legal proceedings, be admissible in evidence. (9) The register of beneficial owners maintained by a depository under section 11 of the Depositories Act, 1996 (22 of 1996) shall be deemed to be a register of shareholders for the purposes of this Act. 10 ----- (10) Notwithstanding anything contained in sub-sections (6), (7) and (8), no notice of any trust, express, implied or constructive, shall be entered on the register of shareholders or be receivable by the Financial Corporation: Provided that nothing in this sub-section shall apply to a depository in respect of shares held by it as a registered owner on behalf of a beneficial owner. _Explanation.—For the purposes of sub-sections (6), (9) and this sub-section, the expressions_ “beneficial owner”, “depository” and “registered owner” shall have the meanings respectively assigned to them in clauses (a), (e) and (j) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996). (11) Notwithstanding anything contained in the Indian Trusts Act, 1882 (2 of 1882), the shares of the Financial Corporation shall be deemed to be included among the securities enumerated in section 20 of that Act. **7. Additional capital of Financial Corporation and its borrowing powers.—(1) The Financial** Corporation may issue and sell bonds and debentures for the purpose of increasing its working capital. (2) The State Government may, on a request being made to it by the Financial Corporation, guarantee the bonds and debentures issued by the Financial Corporation as to the repayment of principal and the payment of interest at such rate as may be fixed by that Government. (3) Notwithstanding anything contained in the Acts hereinafter mentioned in this sub-section, such of the bonds and debentures issued by the Financial Corporation as are guaranteed by the State Government as to the repayment of the principal and payment of interest and receipts issued by it for such of deposits as are guaranteed by the State Government as to the repayment of the principal and payment of interest shall be deemed to be included among the securities enumerated in section 20 of the Indian Trusts Act, 1882 (2 of 1882), and also to be approved securities for the purpose of the Insurance Act, 1938 (4 of 1938). [1]*** (4) The Financial Corporation may, for the purposes of carrying out its functions under this Act, borrow money from the Reserve Bank— (a) repayable on demand or on the expiry of a fixed period not exceeding ninety days from the date on which the money is so borrowed against the security of— (i) stocks, funds and securities (other than immovable property) in which a trustee is authorised to invest trust money by any law for the time being in force in India, or (ii) such bills of exchange and promissory notes as are eligible for purchase or re-discount by the Reserve Bank or as are fully guaranteed as to the repayment of the principal and payment of interest by a State Government; (b) repayable on the expiry of a fixed period not exceeding eighteen months from the date on which the money is so borrowed, against securities of the Central Government or of any State Government of the maturity, or subject to the previous approval of the State Government, against bonds and debentures issued by the Financial Corporation and maturing within a period not exceeding eighteen months from the date on which the money is so borrowed and every such bond and debenture shall be guaranteed by the State Government: Provided that the amount borrowed by the Financial Corporation under clause (b) shall not at any time exceed in the aggregate twice the paid-up share capital thereof. (5) The Financial Corporation may, for the purpose of carrying out its functions under this Act, borrow money from the State Government, any financial institution, scheduled bank, insurance company or any other person approved by the Board on such terms and conditions as may be agreed upon. (6) The total amount of bonds and debentures issued and outstanding, the amounts borrowed by the Financial Corporation under clause (b) of sub-section (4) and sub-section (5) and of the contingent 1. The words and figures “and the Banking Regulation Act, 1949 (10 of 1949)” omitted by Act 4 of 2013, s. 17 and the Schedule (date to be notified). 11 ----- liabilities of the Financial Corporation in the form of guarantees given by it or underwriting agreements entered into by it, shall not exceed ten times the amount of the paid-up share capital and reserve fund of the Financial Corporation: Provided that the Financial Corporation may, with the prior approval of the Small Industries Bank, exceed the aforesaid limit up to thirty time the amount of the paid-up share capital and reserve fund of the Financial Corporation. **8. Deposits with Financial Corporation.—(1) The Financial Corporation may accept from the State** Government, or with the prior approval of the Reserve Bank, from a local authority or any other person deposits repayable after the expiry of a period which shall not be less than twelve months from the date of the making of the deposit and on such other terms as the Board thinks fit: Provided that the total amount of such deposits shall not exceed twice the paid-up share capital of the Financial Corporation: Provided further that the State Government may permit the Financial Corporation to accept deposits up to a higher limit not exceeding ten times the paid-up share capital of the Financial Corporation. (2) Any deposit accepted under sub-section (1), other than a deposit from the State Government may, if so required by the Financial Corporation, be guaranteed by the State Government as to the repayment of the principal and payment of interest. **9. Management.—(1) The general superintendence, direction and management of affairs and** business of the Financial Corporation shall vest in a Board of directors which may exercise all powers and do all such acts and things, as may be exercised or done by the Financial Corporation and are not by this Act expressly directed or required to be done by the Financial Corporation in general meeting. (2) The Board may direct that any power exercisable by it under this Act shall also be exercisable in such cases and subject to such conditions, if any, as may be specified by it, by the chairman, managing director or the whole-time director. **10. Board of directors.—The Board of directors shall consist of the following, namely:—** (a) a director to be nominated as chairman under sub-section (1) of section 15; (b) two directors nominated by the State Government of whom one director shall be a person who has special knowledge of or experience in small-scale industries: Provided that in the case of a Joint Financial Corporation, the number of directors shall be such as the State Governments of the participating States may, by agreement among themselves, think fit to nominate each participating State Government nominating not more than two directors: Provided further that in the case of a Joint Financial Corporation, the director, who shall have special knowledge of, or experience in, small-scale industries, shall be nominated by that participating State which, according to the terms of agreement between the participating States, is entitled to make such nomination; (c) two directors nominated by the Small Industries Bank; (d) two directors nominated in the prescribed manner by the parties mentioned in clause (c) of sub-section (3) of section 4; (e) such number of directors elected, in the prescribed manner, by share-holders, other than those mentioned in clauses (a), (b) and (c) of sub-section (3) of section 4, whose names are entered on the register of shareholders of the Financial Corporation, ninety days before the date of the meeting in which such election takes place on the following basis, namely:— (i) where the total amount of issued equity share capital held by such shareholders is ten per cent. or less of the total issued equity capital, two directors; (ii) where the total amount of issued equity share capital held by such shareholders is more than ten per cent. but less than twenty-five per cent. of total issued equity capital, three directors; 12 ----- (iii) where the total amount of issued equity share capital held by such shareholders is twenty-five per cent. or more of total issued equity capital, four directors; and (iv) where the total amount of issued equity share capital held by equity shareholders referred to in this clause does not permit election of all the four directors, the Board shall co-opt such number of directors as is required to make up the said number who shall retire in equal number on the assumption of charge by the elected directors in the order of their co-option; (f) a managing director appointed in accordance with the provisions of sub-section (1) of section 17: Provided that on the first constitution of the Board, the directors referred to in clause (d) shall be nominated by the State Government and directors so nominated shall, for the purpose of this Act, be deemed to be elected directors: Provided further that all the directors of the Board first constituted, other than the managing director, shall retire at the end of the first year.] **10A. [Board of directors.]** _Omitted by the State Financial Corporation (Amendment)_ _Act, 2000_ (39 of 2000), s. 8 (w.e.f. 5-9-2000). **1[11. Term of office and retirement of directors.—(1) A nominated director shall hold office during** the pleasure of the authority nominating him. (2) Subject to the provisions of sub-section (1), a nominated director shall hold office for such term not exceeding three years and shall also be eligible for re-nomination: Provided that no such director shall hold office continuously for a period exceeding six years. (3) An elected director other than a director deemed to be elected under the first proviso to clause (d) of section 10 shall hold office for three years and shall also be eligible for re-election: Provided that no such director shall hold office continuously for a period exceeding six years. **12. Disqualifications for being a director.—No person shall be a director, if he—** (a) has been found to be of unsound mind by a court of competent jurisdiction and the finding is in force; or (b) is or at any time has been, adjudicated as insolvent or has suspended payment of his debts or has compounded with his creditors; or (c) has been convicted by a court of any offence involving moral turpitude and sentenced in respect thereof to imprisonment of not less than six months and a period of five years has not elapsed from the date of expiry of the sentence; or (d) is elected by the persons referred to in clause (d) of sub-section (3) of section 4 but not registered as shareholder in his own right of unencumbered shares of a nominal value of not less than ten thousand rupees in the Financial Corporation; or (e) has not paid any call in respect of shares of the Financial Corporation held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of the call.] **13. Removal of director from office.—[2][(1)] The State Government may remove from office any** director who— (a) is, or has become, subject to any of the disqualifications mentioned in section 12; or (b) without excuse sufficient in the opinion of the State Government to exonerate it, is absent without leave of the Board from more than three consecutive meetings of the Board. 1. Subs. by Act 39 of 2000, s. 9, for sections 11 and 12 (w.e.f. 5-9-2000). 2. Section 13 renumbered as sub-section (1) thereof by s. 10, ibid. (w.e.f. 5-9-2000). 13 ----- 1[(2) The shareholders, other than those mentioned in clauses (a), (b) and (c) of sub-section (3) of section 4, whose names are entered on the register of shareholders, may, after giving to the director a reasonable opportunity of being heard in the manner as may be prescribed, by resolution passed by majority of the votes of such shareholders holding in the aggregate not less than one-half of the total issued equity share capital held by all such shareholders, remove any director elected under clause (d) of section 10 and elect in his place another person to fill the vacancy so caused.] **14. Resignation of office by director and filling up of casual vacancies.—[2][(1) Any director elected** under clause (d) of section 10 may, by giving notice in writing to the Chairman of the Board, resign from his office and on such resignation being accepted, shall be deemed to have vacated his office.] (2) A casual vacancy in the office of an elected director shall be filled by election and a director so elected shall hold office for the unexpired portion of the term of his predecessor. (3) No act or proceeding of the Board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Board. **3[15. Chairman of Board.—(1) The Small Industries Bank shall, in consultation with the State** Government nominate a director as a Chairman of the Board for such period not exceeding three years and on such terms and conditions as the Small Industries Bank may specify: Provided that the Chairman shall not be a whole-time director unless he is also appointed to function as the managing director: Provided further that the Chairman shall so long as he remains a director be eligible for re-appointment as Chairman. (2) The Chairman shall preside over the meetings of the Board and the general meetings of the Financial Corporation.] **4[16. Remuneration of directors.—The directors other than the managing director and not being** servants of the Government shall be paid such fees as may be prescribed for attending meetings of the Board and, if they are members of the Executive Committee, or any other committee appointed by the Financial Corporation, for attending meetings of such committee.] **17. Managing director.—[5][(1) The managing director shall—** (a) be appointed, in consultation with the Small Industries Bank, by the State Government; (b) be a whole-time officer of the Financial Corporation; (c) perform such duties as the Board, by regulations, entrust or delegate to him; (d) hold office for such term not exceeding three years as the State Government may specify and shall be eligible for re-appointment; (e) receive such salary and allowances and be subject to other terms and conditions of service as the Board may, with the previous approval of the State Government, determine.] [6][(2) The State Government may, after consulting the Board, remove the managing director from office: Provided that no managing director shall be so removed unless he has been given an opportunity of showing cause against his removal.] 1. Ins. by Act 39 of 2000, s. 10 (w.e.f. 5-9-2000). 2. Subs. by s. 11, ibid., for sub-section (1) and (1A) (w.e.f. 5-9-2000). 3. Subs. by s. 12, ibid., for section 15 (w.e.f. 5-9-2000). 4. Subs. by Act 6 of 1962, s. 7, for section 16 (w.e.f. 16-4-1962). 5. Subs. by Act 39 of 2000, s. 13, for section 17 (w.e.f. 5-9-2000). 6. Ins. by Act 56 of 1956, s. 9 (w.e.f. 1-10-1956) 14 ----- 1[(3) Notwithstanding anything contained in sub-section (1), the State Government, with prior consultation of the Small Industries Bank, shall have the right to terminate the term of office of the managing director at any time, before the expiry of the term specified under clause (d) of sub-section (1) by giving him notice of not less than three months in writing or three months salary and allowances in lieu of such notice and the managing director shall also have right to relinquish his office at any time before the expiry of term specified under clause (d) of sub-section (1) by giving to the State Government notice of not less than three months in writing.] **2[18. Executive Committee.—(1) The Board shall constitute an Executive Committee consisting of** the chairman and managing director, the whole-time directors and such other directors as it may deem fit: Provided that in the case of a Joint Financial Corporation, if the directors nominated under clause (b) of section 10 represent different State Governments then, all of them shall be members of the Executive Committee. (2) The Executive Committee shall discharge such functions as may be prescribed or as may be delegated to it by the Board. (3) The Board may constitute such other committees whether consisting wholly of directors or wholly of, other persons of partly of directors and partly of other persons for such purpose or purposes as it may think fit.] **19. Meetings of the Board and Committee.—(1) The Board and the Executive Committee** shall meet at such times and places and shall observe such rules of procedure in regard to transaction of business at its meetings as may be provided by regulations made under this Act. (2) All questions at a meeting shall be decided by a majority of votes of the members present, and in the case of equality of votes, the Chairman or in his absence, any other person presiding, shall have a second or casting vote. (3) No director shall vote on any matter in which he is interested. 3[ 4* - - - (5) If for any reason the Chairman of the Board or the Chairman of the Executive Committee is unable to attend any meeting of the Board or, as the case may be, of the Executive Committee,— (a) in the case of the meeting of the Board, a director [5]*** authorised by the Chairman of the Board in writing shall preside at such meeting, but if the director so authorised is absent or if no such authorisation has been made, the Board may elect a director to preside at the meeting; and (b) in the case of the meeting of the Executive Committee, a member authorised in writing by the Chairman of that Committee shall preside at that meeting, but if the member so authorised is absent or if no such authorisation has been made, the Committee may elect any of its members to preside at that meeting.] **20. Powers of Executive Committee.—(1) Subject to such general or special directions as the Board** may from time to time give, the Executive Committee may deal with any matter within the competence of the Board. (2) The minutes of every meeting of the Executive Committee [6][shall, after confirmation thereof at the next meeting of the Executive Committee, be laid] before the Board at the next following meeting of the Board. **21. Advisory Committee.—The Financial Corporation may appoint** [7][one or more committee or committees consisting wholly of directors or wholly of other persons or partly of directors and partly of other persons] for the purpose of assisting the Financial Corporation in the efficient discharge of its 1. Ins. by Act 39 of 2000, s. 13 (w.e.f. 5-9-2000). 2. Subs. by s. 14, ibid., for section 18 (w.e.f. 5-9-2000). 3. Subs. by Act 6 of 1962, s. 9, for sub-section (4) (w.e.f. 16-4-1962). 4. Omitted by s. 15, ibid. (w.e.f. 5-9-2000). 5. The words “, not being the managing director” omitted by Act 43 of 1985, s. 12 (w.e.f. 21-8-1985). 6. Subs. by s. 13, ibid., for “shall be laid” (w.e.f. 21-8-1985). 7. Subs. by s. 14, ibid., for “one or more advisory committee or committees” (w.e.f. 21-8-1985). 15 ----- functions and, in particular, for the purpose of securing that those functions are exercised with due regard to the circumstances and conditions prevailing in, and the requirements of, particular areas or industries. **1[22. Offices and agencies.—The Financial Corporation shall establish its head office and other** offices and agencies at such places as the State Government may, from time to time specify and save as aforesaid, the Financial Corporation may establish additional offices or agencies in such other places within the State as it may consider necessary.] **23. Officers and other employees of the Financial Corporation.—The Financial Corporation may** appoint such officers, advisers and employees as it considers necessary for the efficient performance of its functions, and determine, by regulations, their conditions of appointment and service and the remuneration payable to them. 2* - - - CHAPTER III POWERS AND DUTIES OF THE BOARD **24. General duty of the Board.—The Board in discharging its functions under this Act shall act on** business principles due regard being had by it to the interests of industry, commerce and the general public. **3[25. Business which Financial Corporation may transact.—4[(1) The Financial Corporation may,** subject to the provisions of this Act, carry on and transact any of the following kinds of business, namely:— (a) guaranteeing, on such terms and conditions as may be agreed upon,— (i) loans raised by industrial concerns which are repayable within a period not exceeding twenty years, and are floated in the public market; (ii) loans raised by industrial concerns from scheduled banks or State cooperative banks [5][or other financial institutions]; (b) guaranteeing, on such terms and conditions as may be agreed upon, deferred payments due from any industrial concern in connection with its purchase of capital goods within India; (c) underwriting of the issue of stock, shares, bonds or debentures by industrial concerns; (d) transferring for consideration any instruments relating to loans and advances granted by it to industrial concerns; (e) acting as agent of the Central Government or the State Government or the Development Bank or the Small Industries Bank or the IFCI Limited formed and registered under the Companies Act, 1956 (1 of 1956) or any other financial institution notified in this behalf by the Central Government in respect of any matter connected with, or arising out of, the grant of loans or advances to an industrial concern, or subscription to debentures of an industrial concern or relating to the business of the Development Bank, Small Industries Bank, IFCI Limited or financial institution; (f) subscribing to, or purchasing of, the stock, shares, bonds or debentures of an industrial concern or any other concern; (g) retaining as part of its assets any stock, shares, bonds or debentures which it may acquire by subscription or in fulfilment of its underwriting liabilities and disposing of the stock, shares, bonds or debentures so acquired; (h) granting loans or advances to, or subscribing to debentures of, an industrial concern, repayable within a period not exceeding twenty years from the date on which they are granted or subscribed to, as the case may be: Provided that the Financial Corporation may, with the prior approval of the Small Industries Bank, exceed the said limit of twenty years up to a further period of ten years: Provided further that nothing contained in this clause shall be deemed to preclude the Financial Corporation from granting loans or advances to, or subscribing to debentures of, and industrial concern to 1. Subs. by Act 77 of 1972, s. 13, for section 22 (w.e.f. 30-12-1972). 2. The proviso omitted by Act 39 of 2000, s. 16 (w.e.f. 5-9-2000). 3. Subs. by Act 6 of 1962, s. 10, for section 25 (w.e.f. 16-4-1962). 4. Subs. by s. 17, ibid., for sub-section (1) (w.e.f. 5-9-2000). 5. Ins. by Act 43 of 1985, s. 15 (w.e.f. 21-8-1985). 16 ----- which may be attached an option to convert such debentures or loans into stock or shares of the industrial concern: Provided also that the Financial Corporation may, in the exercise of such option, convert the amounts outstanding on such debentures or loans into stock or shares of the industrial concern if such concern increases its subscribed capital by the issue of further stock or shares in accordance with and subject to, the provisions of Section 81 of the Companies Act, 1956 (1 of 1956). _Explanation.—In this clause, the expression “the amounts outstanding on such debentures or loans”_ shall mean the principal, interest and other charges payable on such debentures or loans as at the time when the amounts are sought to be converted into stock or shares; (i) accepting or discounting promissory notes and bills of exchange made, down, accepted or endorsed by industrial concerns or by any person selling capital goods manufactured by one industrial concern to another industrial concern; (j) undertaking research and surveys for evaluating or dealing with marketing or investments or undertaking and carrying on techno-economic studies or other activities in connection with the development of any industry; (k) providing technical and administrative assistance to any industrial concern or any person for the promotion, management or expansion of any industry; (l) planning and assisting in the promotion and development of industries; (m) providing consultancy and merchant banking services; (n) acting as the trustee for the holders of debentures or other securities; (o) leasing, sub-leasing or giving on hire or hire-purchase of industrial plant, equipment, machinery or any other asset; (p) factoring; (q) providing export related credit and services; (r) undertaking money market related activities; (s) setting up of mutual funds and undertaking asset management activity; (t) promoting, forming or conducting or assisting in the promotion, formation, or conduct of companies, subsidiaries, societies, trusts or such other associations of persons as it may deem fit; (u) opening or confirming or endorsing letters of credit and negotiating or collecting bills and other documents drawn thereunder; (v) doing such other business as the Small Industries Bank may authorise, and or generally the doing of such acts and things as may be incidental to or consequential upon, the exercise of its powers or the discharge of its duties under this Act. (2) The Financial Corporation may receive, in consideration of any of the services mentioned in sub-section (1), such commission, brokerage, interest, remuneration or fee as may be agreed upon.] 1* - - - (3) Subject to the provisions of sub-section (5) of section 7, the aggregate of contingent liabilities of the Financial Corporation under clauses (a), (b) [2][(c) and (ca)] of sub-section (1) shall not at any time exceed twice the paid-up share capital and reserve fund of the Corporation except with the prior approval of the State Government and in consultation with the [3][Small Industries Bank] but in no case shall exceed thrice the paid-up share capital and reserve fund of the Corporation.] 1. Omitted by Act 43 of 1985, s. 15 (w.e.f. 21-8-1985). 2. Subs. by Act 77 of 1972, s. 15, for “and (c)” (w.e.f. 30-12-1972). 3. Subs. by Act 39 of 2000, s. 17, for “Development Bank” (w.e.f. 5-9-2000). 17 ----- 1[(4) Nothing contained in this section shall entitle any Financial Corporation to hold shares in any company, whether as pledgee, mortgagee or absolute owner, of an amount exceeding thirty per cent. of the subscribed share capital of that company or thirty per cent. of its own paid-up share capital and free reserves, whichever is less. (5) If, on the commencement of the State Financial Corporations (Amendment) Act, 1972 (77 of 1972), any Financial Corporation is holding shares in excess of the limits specified in sub-section (4), the Corporation shall report the matter forthwith to the Reserve Bank and shall, within such period as the Reserve Bank may allow, so reduce its share holding as to conform to the provisions of that sub-section.] **2[25A. Power to acquire rights.—The Financial Corporation shall have the right to acquire, by** transfer or assignment, the rights and interests of any such financial institution as may be notified by the Central Government (including any other rights incidental thereto) in relation to any loan or advance granted or any amount recoverable by such institution, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument by endorsement or in any other manner: Provided that such loan or advance or amount relates to any business which the Financial Corporation may transact under this Act.] **3[25B. Gifts, grants, etc.—The Financial Corporation may receive gifts, grants, donations or** benefactions from Government or any other source.] **4[26. Limit of accommodation.—On and from the commencement of the State Financial** Corporations (Amendment) Act, 2000 (39 of 2000), the Financial Corporation shall not enter into any arrangements under clause (a), (d) or (h) of sub-section (1) of section 25 with any industrial concern so that the total amount outstanding against that concern in respect of all such arrangements together with the amount of the face value of the shares and stocks of that concern whether subscribed or agreed to be subscribed and the outstanding liabilities on account of underwriting agreements and the deferred payments guarantees is more than— (i) five hundred lakhs of rupees in the case of a corporation established by or under any other law or a company as defined in section 3 of the Companies Act, 1956 (1 of 1956) or a co-operative society registered under the Co-operative Societies Act, 1912 (2 of 1912) or any other law relating to co-operative societies for the time being in force; and (ii) two hundred lakhs of rupees in any other case: Provided that the Financial Corporation may, with the prior approval of the Small Industries Bank, exceed the limit under clause (i) or clause (ii) up to four times.] **27. Power to impose conditions for accommodation.—(1) In entering into any arrangement under** section 25 with an industrial concern, the Financial Corporation may impose such conditions as it may think necessary or expedient for protecting the interests of the Financial Corporation and securing that the accommodation granted by it is put to the best use by the industrial concern. 5[(2) Where any arrangement entered into by the Financial Corporation with an industrial concern provides for the appointment by the Financial Corporation of one or more directors of such industrial concern, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956) or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the industrial concern, and any provision regarding share qualification, age limit, number of directorships, removal of office of directors and such like conditions contained in any such law or instrument aforesaid shall not apply to any director appointed by the Financial Corporation in pursuance of the arrangement as aforesaid. 1. Ins. by Act 77 of 1972, s. 15 (w.e.f. 30-12-1972). 2. Ins. by Act 43 of 1985, s. 16 (w.e.f. 21-8-1985). 3. Ins. by Act 39 of 2000, s. 18 (w.e.f. 5-9-2000). 4. Subs. by s. 19, ibid., for section 16 (w.e.f 5-9-2000). 5. Subs. by Act 77 of 1972, s. 17, for sub-section (2) (w.e.f. 30-12-1972). 18 ----- (3) Any director appointed in pursuance of sub-section (2) shall— (a) hold office during the pleasure of the Financial Corporation and may be removed or substituted by any person by order in writing by the Financial Corporation; (b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto; (c) not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement.] **28. Prohibited business.—[1][(1)] The Financial Corporation shall not—** 2[(a) except as provided in section 8, accept deposits; (b) except as provided in clauses [3][(da)], (f) and (g) of sub-section (1) of section 25, subscribe to the shares or stock of any company;] (c) grant any loan or advance on the security of its own shares; 4[(d) grant any form of assistance to any industrial concern in respect of which the aggregate of the paid-up share capital and free reserves exceeds ten crores of rupees or such higher amount not exceeding thirty crores of rupees as the State Government, on the recommendation of the Small Industries Bank, may, by notification in the Official Gazette, specify.] 5[(2) The Financial Corporation shall not enter into any kind of business with any industrial concern, of which any of the directors of the Financial Corporation is a proprietor, partner, director, manager, agent, employee or guarantor, or in which one or more directors of the Financial Corporation together hold substantial interest: Provided that this section shall not apply to any industrial concern if any director of the Financial Corporation— (i) is nominated as a director of the Board of such concern by the Government or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956) or by a Corporation established by or under any other law; or (ii) is elected on the Board of such concern by virtue of shares held in the concern by Government or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956) or by a Corporation established by or under any other law, by reason only of such nomination or election, as the case may be. _Explanation.—“Substantial interest” in relation to an industrial concern means the beneficial interest_ held by one or more of the directors of the Financial Corporation or by any relative [as defined in clause (41) of section 2 of the Companies Act, 1956 (1 of 1956)] of such director whether singly or taken together, in the shares of the industrial concern, the aggregate amount paid-up on which either exceeds five lakhs of rupees or five per cent. of the paid-up share capital of the industrial concern, whichever is less. (3) The provisions of sub-section (2)— (i) shall not apply to any transaction relating to the business entered into prior to the commencement of the State Financial Corporations (Amendment) Act, 1972 (77 of 1972) and all such business and any transaction in relation thereto may be implemented or continued as if that Act had not come into force; 1. Section 28 renumbered as sub-section (1) thereof by Act 77 of 1972, s. 18 (w.e.f. 30-12-1972). 2. Subs. by Act 6 of 1962, s. 13, for clauses (a) and (b) (w.e.f. 16-4-1962). 3. Ins. by Act 77 of 1972, s. 18 (w.e.f. 30-12-1972). 4. Subs. by Act 39 of 2000, s. 20, for clause (d) (w.e.f. 5-9-2000). 5. Ins. by Act 77 of 1972, s. 18 (w.e.f. 30-12-1972). 19 ----- (ii) shall apply only so long as the conditions precedent to such disability as set out in sub-section continue.] **29. Rights of Financial Corporation in case of default.—(1) Where any industrial concern, which is** under a liability to the Financial Corporation under an agreement, makes any default in repayment of any loan or advance or any instalment thereof [1][or in meeting its obligations in relation to any guarantee given by the Corporation] or otherwise fails to comply with the terms of its agreement with the Financial Corporation, the Financial Corporation shall have the [2][right to take over the management or possession or both of the industrial concerns], as well as the [3][right to transfer by way of lease or sale] and realise the property pledged, mortgaged, hypothecated or assigned to the Financial Corporation. (2) Any transfer of property made by the Financial Corporation, in exercise of its powers [4]*** under sub-section (1), shall vest in the transferee all rights in or to the property transferred [5][as if the transfer] had been made by the owner of the property. (3) The Financial Corporation shall have the same rights and powers with respect to goods manufactured or produced wholly or partly from goods forming part of the security held by it as it had with respect to the original goods. 6[(4) 7[Where any action has been taken against an industrial concern] under the provisions of sub-section (1), all costs, [8][charges and expenses which in the opinion of the Financial Corporation have been properly incurred] by it [9][as incidental thereto] shall be recoverable from the industrial concern and the money which is received by it [10]*** shall, in the absence of any contract to the contrary, be held by it in trust to be applied firstly, in payment of such costs, charges and expenses and, secondly, in discharge of the debt due to the Financial Corporation, and the residue of the money so received shall be paid to the person entitled thereto.] (5) [[7][Where the Financial Corporation has taken any action against an industrial concern] under the](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=54184&iActID=1393#f7) provisions of sub-section (1), the Financial Corporation shall be deemed to be the owner of such concern, for the purposes of suits by or against the concern, and shall sue and be sued in the name of [11][the concern]. **30. Power to call for repayment before agreed period.—Notwithstanding anything in any** agreement to the contrary, the Financial Corporation may, by notice in writing, require any industrial concern to which it has granted any loan or advance to discharge forthwith in full its liabilities to the Financial Corporation, — (a) if it appears to the Board that false or misleading information in any material particular was given by the industrial concern in its application for the loan or advance; or (b) if the industrial concern has failed to comply with the terms of its contract with the Financial Corporation in the matter of the loan or advance; or (c) if there is a reasonable apprehension that the industrial concern is unable to pay its debts or that proceedings for liquidation may be commenced in respect thereof; or (d) if the property pledged, mortgaged, hypothecated or assigned to the Financial Corporation as security for the loan or advance is not insured and kept insured by the industrial concern to the satisfaction of the Financial Corporation or depreciates in value to such an extent that, in the opinion 1. Ins. by Act 77 of 1972, s. 19 (w.e.f. 30-12-1972). 2. Subs. by s. 19, ibid., for “right to take over the management of the industrial concern” (w.e.f. 30-12-1972). 3. Subs. by Act 56 of 1956, s. 14, for “right to sell” (w.e.f. 1-10-1956). 4. The words “of sale and relaisation” omitted by s. 14, ibid. (w.e.f. 1-10-1956). 5. Subs. by s.14, ibid., for “as if the sale”(w.e.f. 1-10-1956). 6. Subs. by s. 14, ibid., for sub-section (4) (w.e.f. 1-10-1956). 7. Subs. by Act 77 of 1972, s. 19, for certain words (w.e.f. 30-12-1956). 8. Subs. by Act 6 of 1962, s. 14, for “charges and expenses properly incurred” (w.e.f. 16-4-1962). 9. Subs. by Act 77 of 1972, s. 19, for “as incidental to such management, or transfer and realization.” (w.e.f. 30-12-1956). 10. The words “from such management, or transfer and realization” omitted by s.19, ibid. (w.e.f. 30-12-1972). 11. Subs. by Act 6 of 1962, s. 14, for “the owner for the concern” (w.e.f. 16-4-1962). 20 ----- of the Board, further security to the satisfaction of the Board should be given and such security is not given; or (e) if, without the permission of the Board, any machinery, plant or other equipment, whether forming part of the security or otherwise, is removed from the premises of the industrial concern without being replaced; or (f) if for any reason it is necessary to protect the interests of the Financial Corporation. **31. Special provisions for enforcement of claims by Financial Corporation.—(1) Where an** industrial concern, in breach of any agreement, makes any default in repayment of any loan or advance or any instalment thereof [1][or in meeting its obligations in relation to any guarantee given by the Corporation] or otherwise fails to comply with the terms of its agreement with the Financial Corporation or where the Financial Corporation requires an industrial concern to make immediate repayment of any loan or advance under section 30 and the industrial concern fails to make such repayment, [2][then, without prejudice to the provisions of section 29 of this Act and of section 69 of the Transfer of Property Act, 1882 (4 of 1882)] any officer of the Financial Corporation, generally or specially authorised by the Board in this behalf, may apply to the district judge within the limits of whose jurisdiction the industrial concern carries on the whole or a substantial part of its business for one or more of the following reliefs, namely:— (a) for an order for the sale of the property pledged, mortgaged, hypothecated or assigned to the 3[Financial Corporation] as security for the loan or advance; or 4[(aa) for enforcing the liability of any surety; or] (b) for transferring the management of the industrial concern to the Financial Corporation; or (c) for an ad interim injunction restraining the industrial concern from transferring or removing its machinery or plant or equipment from the premises of the industrial concern without the permission of the Board, where such removal is apprehended. (2) An application under sub-section (1) shall state the nature and extent of the liability of the industrial concern to the Financial Corporation, the ground on which it is made and such other particulars as may be prescribed. **32. Procedure of district judge in respect of applications under section 31.—(1) When the** application is for the reliefs mentioned in clauses (a) and (c) of sub-section (1) of section 31, the district judge shall pass an ad interim order attaching the security, or so much of the property of the industrial concern as would on being sold realise in his estimate an amount equivalent in value to the outstanding liability of the industrial concern to the Financial Corporation, together with the costs of the proceedings taken under section 31, with or without an ad interim injunction restraining the industrial concern from transferring or removing its machinery, plant or equipment. 5[(1A) When the application is for the relief mentioned in clause (aa) of sub-section (1) of section 31, the district judge shall issue a notice calling upon the surety to show cause on a date to be specified in the notice why his liability should not be enforced.] (2) When the application is for the relief mentioned in clause (b) of sub-section (1) of section 31, the district judge shall grant an _ad interim injunction restraining the industrial concern from transferring or_ removing its machinery, plant or equipment and issue a notice calling upon the industrial concern to show cause, on a date to be specified in the notice, why the management of the industrial concern should not be transferred to the Financial Corporation. 1. Ins. by Act 77 of 1972, s. 20 (w.e.f. 30-12-1972). 2. Ins. by Act 56 of 1956, s. 15 (w.e.f. 1-10-1956). 3. Subs. by s. 15, ibid., for “Corporation” (w.e.f. 1-10-1956) 4. Ins. by Act 43 of 1985, s. 19 (w.e.f. 21-8-1985). 5. Ins. by s. 20, ibid. (w.e.f. 21-8-1985). 21 ----- (3) Before passing any order under sub-section (1) or sub-section (2) [1][, or issuing a notice under sub-section (1A),] the district judge may, if he thinks fit, examine the officer making the application. 2[(4) At the same time as he passes an order under sub-section (1), the district judge shall issue to the industrial concern or to the owner of the security attached a notice accompanied by copies of the order, the application and the evidence, if any, recorded by him calling upon it or him to show cause on a date to be specified in the notice why the _ad interim order of attachment should not be made absolute or the_ injunction confirmed. (4A) If no cause is shown on or before the date specified in the notice under sub-section (1A) the district judge shall forthwith order the enforcement of the liability of the surety.] (5) If no cause is shown on or before the date specified in the notice under sub-sections (2) and (4), the district Judge shall forthwith make the ad interim order absolute and direct the sale of the attached property or transfer the management of the industrial concern to the Financial Corporation or confirm the injunction. (6) If cause is shown, the district judge shall proceed to investigate the claim of the Financial Corporation in accordance with the provisions contained in the Code of Civil Procedure, 1908 (5 of 1908) insofar as such provisions may be applied thereto. (7) After making an investigation under sub-section (6), the district judge may— (a) confirm the order of attachment and direct the sale of the attached property; (b) vary the order of attachment so as to release a portion of the property from attachment and direct the sale of the remainder of the attached property; (c) release the property from attachment; (d) confirm or dissolve the injunction; [3]***; 1[(da) direct the enforcement of the liability of the surety or reject the claim made in this behalf; or] (e) transfer the management of the industrial concern to the Financial Corporation or reject the claim made in this behalf: Provided that when making an order under clause (c) [1][or making an order rejecting the claim to enforce the liability of the surety under clause (da) or making an order rejecting the claim to transfer the management of the industrial concern to the Financial Corporation under clause (e)], the district judge may make such further orders as he thinks necessary to protect the interests of the Financial Corporation and may apportion the costs of the proceedings in such manner as he thinks fit: Provided further that unless the Financial Corporation intimates to the district judge that it will not appeal against any order releasing any property from attachment [1][or rejecting the claim to enforce the liability of the surety or rejecting the claim to transfer the industrial concern to the Financial Corporation], such order shall not be given effect to, until the expiry of the period fixed under sub-section (9) within which an appeal may be preferred or, if an appeal is preferred, unless the High Court otherwise directs until the appeal is disposed of. (8) An order of attachment or sale of property under this section shall be carried into effect as far as practicable in the manner provided in the Code of Civil Procedure 1908 (5 of 1908) for the attachment or sale of property in execution of a decree as if the Financial Corporation were the decree-holder. 4[(8A) An order under this section transferring the management of an industrial concern to the Financial Corporation shall be carried into effect, as far as may be practicable, in the manner provided in 1. Ins. by Act 43 of 1985, s. 20 (w.e.f. 21-8-1985). 2. Subs. by s. 20, ibid., for sub-section (4) (w.e.f. 21-8-1985). 3. The word “or” omitted by s. 20, ibid. (w.e.f. 21-8-1985). 4. Ins. by Act 56 of 1956, s. 16 (w.e.f. 1-10-1956). 22 ----- the Code of Civil Procedure, 1908 (5 of 1908) for the possession of immovable property or the delivery of movable property in execution of a degree, as if the Financial Corporation were the decree-holder.] (9) Any party aggrieved by an order [1][under sub-section (4A), sub-section (5)] or sub-section (7) may, within thirty days from the date of the order, appeal to the High Court, and upon such appeal the High Court may, after hearing the parties, pass such orders thereon as it thinks proper. (10) Where proceedings for liquidation in respect of an industrial concern have commenced before an application is made under sub-section (1) of section 31, nothing in this section shall be construed as giving to the Financial Corporation any preference over the other creditors of the industrial concern not conferred on it by any other law. 2[(11) The functions of a district judge under this section shall be exercisable— (a) in a presidency town, where there is a city civil court having jurisdiction, by a judge of that court and in the absence of such court, by the High Court; and (b) elsewhere, also by an additional district judge [3][or by any judge of the principal court of civil jurisdiction].] 3[(12) For the removal of doubts it is hereby declared that any court competent to grant an ad interim injunction under this section shall also have the power to appoint a Receiver and to exercise all the other powers incidental thereto.] **4[32A. Power of Financial Corporation to appoint directors or administrators of an industrial** **concern when management is taken over.—(1) When the management of an industrial concern is taken** over by the Financial Corporation, the Financial Corporation may, by order notified in the Official Gazette, appoint as many persons as it thinks fit,— (a) in any case in which the industrial concern is a company as defined in the Companies Act, 1956 (1 of 1956) to be directors of that industrial concern; or (b) in any other case, to be administrators of that industrial concern. (2) The power to appoint directors or administrators under this section includes the power to appoint any individual, firm or company to be the managing agent or manager of the industrial concern on such terms and conditions as the Financial Corporation may think fit.] 5[(3) Nothing in the Companies Act, 1956 (1 of 1956) or in any other law for the time being in force or in any instrument relating to the industrial concern shall, insofar as it makes in relation to a director, any provision for the holding of any share qualification, age limit, restriction on the number of directorships, retirement by rotation or removal from office, apply to any director appointed by the Financial Corporation under this section.] **32B. Effect of notified order under section 32A.—On the issue of a notified order under** section 32A.— (a) in any case in which the industrial concern is a company as defined in the Companies Act, 1956 (1 of 1956) all persons holding office as directors of the industrial concern and in any other case, all persons holding any office having the powers of superintendence, direction and control of the industrial concern, immediately before the issue of the notified order, shall be deemed to have vacated their offices as such; (b) any contract of management between the industrial concern and any managing agent or any director or manager there of holding office as such immediately before the issue of the notified order shall be deemed to have terminated; 1. Subs. by Act 43 of 1985, s. 20, for “under sub-section (5)” (w.e.f. 21-8-1985). 2. Subs. by Act 6 of 1962, s. 15 for sub-section (11) (w.e.f. 16-4-1962). 3. Ins. by Act 77 of 1972, s. 21 (w.e.f. 30-12-1972). 4. Ins. by Act 56 of 1956, s. 17 (w.e.f. 1-10-1956). 5. Ins. by Act 6 of 1962, s. 16 (w.e.f. 16-4-1962). 23 ----- (c) in the case of an industrial concern which is a company as defined in the Companies Act, 1956 (1 of 1956) the managing agent, if any, appointed under section 32A shall be deemed to have been duly appointed in pursuance of the said Act and the memorandum and articles of association of the industrial concern and the provisions of the said Act and the memorandum and articles shall, subject to the other provisions contained in this Act, apply accordingly, but no such managing agent shall be removed from office except with the previous consent of the Financial Corporation; (d) the directors or the administrators appointed under section 32A shall take such steps as may be necessary to take into their custody or under their control all the property, effects and actionable claims to which the industrial concern is, or appears to be, entitled, and all the property and effects of the industrial concern shall be deemed to be in the custody of the directors or administrators, as the case may be, as from the date of the notified order; (e) the directors appointed under section 32A shall, for all purposes, be the directors of the industrial concern duly constituted under the Companies Act, 1956 (1 of 1956) and such directors, or as the case may be, the administrators appointed under section 32A, shall alone be entitled to exercise all the powers of the directors or as the case may be, of the persons exercising powers of superintendence, direction and control, of the industrial concern, whether such powers are derived from the said Act or from the memorandum or articles of association of the industrial concern or from any other source whatsoever.] **32C. Powers and duties of directors and administrators.—(1) Subject to the control of the** Financial Corporation, the directors, or as the case may be, the administrators appointed under section 32A, shall take such steps as may be necessary for the purpose of efficiently managing the business of the industrial concern and shall exercise such powers and have such duties as may be prescribed. (2) Without prejudice to the generality of the powers vested in them under sub-section (1), the directors or as the case may be, the administrators appointed under section 32A, may, with the previous approval of the Financial Corporation, make an application to a court for the purpose of cancelling or varying any contract or agreement entered into any time before the issue of the notified order under section 32A, between the industrial concern and any other person and the court may, if satisfied after due inquiry that such contract or agreement had been entered into in bad faith and is detrimental to the interests of the industrial concern, make an order cancelling or varying (either unconditionally or subject to such conditions as it may think fit to impose) that contract or agreement and the contract or agreement shall have effect accordingly. **32D. No right to compensation for termination of contract of managing agent, managing** **director, etc.—(1) Notwithstanding anything to the contrary contained in any contract or in any law for** the time being in force, no managing agent, managing director or any other director or a manager or any person in charge of management of an industrial concern shall be entitled to any compensation for the loss of office or for the premature termination under this Act of any contract of management entered into by him with such concern. (2) Nothing contained in sub-section (1) shall affect the right of any such managing agent or managing director, or any other director or manager or any such person in charge of management to recover from the industrial concern, moneys recoverable otherwise than by way of such compensation. **32E. Application of Act 1 of 1956.—(1) Where the management of an industrial concern, being a** company as defined in the Companies Act, 1956 (1 of 1956), is taken over by the Financial Corporation, then, notwithstanding anything contained in the said Act or in the memorandum or articles of association of such concern,— (a) it shall not be lawful for the shareholders of such concern or any other person to nominate or appoint any person to be a director of the concern; (b) no resolution passed at any meeting of the shareholders of such concern shall be given effect to unless approved by the Financial Corporation; (c) no proceeding for the winding up of such concern or for the appointment of receiver in respect thereof shall lie in any court, except with the consent of the Financial Corporation. 24 ----- (2) Subject to the provisions contained in sub-section (1) and to the other provisions contained in this Act and subject to such other exceptions, restrictions and limitations, if any, as the Central Government in consultation with the State Government may, by notification in the Official Gazette, specify in this behalf, the Companies Act, 1956 (1 of 1956) shall continue to apply to such concern in the same manner as it applied thereto before the issue of the notified order under section 32A. **32F. Restriction on filing of suite for dissolution, etc., of an industrial concern not being a** **company when its management is taken over.—(1) Where the management of an industrial concern** not being a company as defined in the Companies Act, 1956 (1 of 1956) is taken over by the Financial Corporation, no suit or proceedings for dissolution or for partition shall, insofar as it relates to that industrial concern, lie in any court or before any tribunal or other authority except with the consent of the Financial Corporation. (2) No proceeding for the appointment of any official assignee or receiver in relation to any industrial concern the management of which has been taken over by the Financial Corporation shall lie in any court except with consent of the Financial Corporation.] **1[32G. Recovery of amounts due to the Financial Corporation as an arrear of land** **revenue.—Where any amount is due to the Financial Corporation in respect of any accommodation** granted by it to any industrial concern, the Financial Corporation or any person authorised by it in writing in this behalf, may, without prejudice to any other mode of recovery, make an application to the State Government for the recovery of the amount due to it, and if the State Government or such authority, as that Government may specify in this behalf, is satisfied, after following such procedure as may be prescribed, that any amount is so due, it may issue a certificate for that amount to the Collector, and the Collector shall proceed to recover that amount in the same manner as an arrear of land revenue.] CHAPTER IV INVESTMENT OF FUNDS, ACCONTS AND AUDIT **33. Funds of the Financial Corporation.—(1) Every Financial Corporation shall have its own fund,** and all receipts of the Financial Corporation shall be carried thereto and all payments by the Corporation shall be made therefrom. (2) All moneys belonging to the fund shall be deposited in the Reserve Bank [2][or the State Bank of India or a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959)] [3][or in any of the banks specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) [1][or any of the banks specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980)] [4][or, in consultation with the Reserve Bank, in a scheduled bank or a State Co-operative Bank]. **5[34. Investment of funds.—The Financial Corporation may invest its funds in accordance with** applicable guidelines and prudential norms as may be prescribed and in such securities as the Board may decide from time to time.] **35. Disposal of profits.—(1) The Financial Corporation shall establish a reserve fund.** (2) After making provision for bad and doubtful debts, depreciation of assets and all other matters which are usually provided for by banking companies, the Financial Corporation may out of its net annual profits declare a dividend: 6* - - - 1. Ins. by Act 43 of 1985, s. 21 (w.e.f. 21-8-1985). 2. Subs. by Act 6 of 1962, s. 17, for “or with any agency of the Reserve Bank other than a Government treasury” (w.e.f. 16-4-1962). 3. Ins. by Act 77 of 1972, s. 22 (w.e.f. 30-12-1972). 4. Subs. by Act 56 of 1956, s. 18, for “or in a scheduled bank in consultation with the Reserve Bank” (w.e.f. 1-10-1956). 5. Subs. by Act 39 of 2000, s. 21, for section 34 (w.e.f. 5-9-2000). 6. The proviso omitted by s. 22, ibid. (w.e.f. 5-9-2000). 25 ----- 1* - - - **2[35A. Special reserve fund.—(1) the Financial Corporation may establish a special reserve fund, to** which shall be transferred such portion of the dividends accruing to the State Government Development Bank and the Small Industries Bank on the shares of the Financial Corporation as may be fixed by agreement between the State Government, Development Bank and the Small Industries Bank: Provided that after the notified date this sub-section shall have effect as if for the words “the State Government, the Development Bank and the Small Industries Bank”, the words “the State Government and the Small Industries Bank” have been substituted except as regards all dividends accruing in respect of any completed accounting period prior to the notified date. (2) No shareholder of the Financial Corporation, other than the State Government or the Small Industries Bank, shall have any claim to the special reserve fund. (3) The amount standing to the credit of the special reserve fund may be utilised by the Financial Corporation for only such purposes as are approved by the State Government and the Small Industries Bank.] **36. General meetings.—(1) A general meeting (hereinafter referred to as the annual general meeting)** shall be held annually at a place in the State where there is an office of the Financial Corporation within 3[four months] from the date on which the annual accounts of the Financial Corporation are closed, and a general meeting may be convened by the Board at any other time. 4[(2) The shareholders present at the annual general meeting shall be entitled to discuss and adopt— (a) the balance-sheet and profit and loss account of the Financial Corporation made up to the date on which its accounts are closed and balanced; (b) the report of working of the Financial Corporation for the period covered by the accounts; (c) the auditor’s report on the balance-sheet and accounts; and (d) proposals for declaration of dividend and capitalisation of reserves. (3) The shareholders present at an annual general meeting may also discuss any other matter to be transacted at such meetings in accordance with the provisions of this Act.] **37. Audit.—[5][(1) The accounts of the Financial Corporation shall be audited by auditors duly** qualified to act as the auditors under sub-section (1) of section 226 of the Companies Act, 1956 (1 of 1956), who shall be appointed by the Financial Corporation in general meeting of shareholders out of the panel of auditors approved by the Reserve Bank of India for such terms and on such remuneration as the Reserve Bank may fix.] (2) Every auditor shall be supplied with a copy of the annual balance-sheet of the Financial Corporation, and it shall be his duty to examine it, together with the accounts and vouchers relating thereto, and every auditor shall have a list delivered to him of all books kept by the Financial Corporation and shall at all reasonable times have access to the books, accounts and other documents of the Financial Corporation and may in relation to such accounts examine any director or officer of the Financial Corporation. (3) The auditors shall make a report to the shareholders upon the annual balance-sheet and accounts, and in every such report they shall state whether in their opinion the balance-sheet is a full and fair balance-sheet containing all necessary particulars and properly drawn up so as to exhibit a true and correct view of the state of affairs of the Financial Corporation, and in case they had called for any explanation or information from the Board, whether it has been given and whether it is satisfactory. 1. Omitted by Act 39 of 2000, s. 22 (w.e.f. 5-9-2000). 2. Subs. by s. 23, ibid., for section 35A (w.e.f. 5-9-2000). 3. Subs. by Act 43 of 1985, s. 24, for “three months” (w.e.f. 21-8-1985). 4. Subs. by Act 39 of 2000, s. 24, for sub-section (2) (w.e.f. 5-9-2000). 5. Subs. by s. 25, ibid., for sub-section (1) (w.e.f. 5-9-2000). 26 ----- (4) The State Government may, in consultation with the Comptroller and Auditor-General of India, at any time issue directions to the auditors requiring them to report to it upon the adequacy of measures taken by the Financial Corporation for the protection of its shareholders and creditors or upon the sufficiency of their procedure in auditing the affairs of the Financial Corporation and may enlarge or extend the scope of the audit or direct that a different procedure in audit be adopted, or direct that any other examination be made by the auditors, if in its opinion public interest so requires. (5) The Financial Corporation shall send a copy of every report of the auditors to the Comptroller and Auditor-General of India at least one month before it is placed before the shareholders. (6) Notwithstanding anything contained in the preceding sub-sections, the Comptroller and Auditor General of India may, either of his own motion or on a request received in this behalf from a State Government, undertake such audit and at such times as he may consider necessary: 1* - - - (7) Every audit report under sub-section (6) shall be forwarded to the State Government and the Government shall cause the same to be laid before the Legislature of the State. **37A. Inspection.—(1) The [2][Small Industries Bank] at any time may, with the approval of the** Central Government, and on being directed so to do by that Government shall cause an inspection to be made by one or more of its officers of the working of any Financial Corporation and its books and accounts; and the [2][Small Industries Bank] shall send the report of such inspection to the Central Government and to the State Government and shall supply a copy thereof to the Financial Corporation. (2) It shall be the duty of every director or every officer of the Financial Corporation to produce to any officer making an inspection under sub-section (1) all such books, accounts and other documents in his custody or power and to furnish him with any statement and information relating to the affairs of the Financial Corporation as the said officer may require of him within such time as the said officer may specify. (3) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or in any other law for the time being in force, no court, tribunal or other authority shall have power to require the [2][Small Industries Bank] or any of its officers to produce before such court, tribunal or other authority the report of the inspection made by it under sub-section (1) or any copy thereof. (4) The State Government may, after considering any report sent to it under sub-section (1), give such instructions to the Board as it considers necessary and it shall be the duty of the Board to comply with such instructions.] **38. Returns.—[3][(1) The Financial Corporation shall furnish to the State Government, the** [4][Small Industries Bank] and the Reserve Bank such statements and returns in such form as the State Government, [the [4][Small Industries Bank] or the Reserve Bank may require from time to time.]](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=54461&iActID=1393#f2) (2) The Financial Corporation shall furnish [5][to the State Government, the [[4][Small Industries Bank]](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=54461&iActID=1393#f2) and the Reserve Bank] within [6][four months] of the close of each financial year a statement in the prescribed form of its assets and liabilities as at the close of that year, together with a profit and loss account for the year, the auditors’ report and a report of the working of the Financial Corporation during the year and copies of the said statement, account and reports shall be published in the Official Gazette and shall also be laid before the Legislature of the State. 1. The proviso omitted by Act 39 of 2000, s. 25 (w.e.f. 5-9-2000). 2. Subs. by s. 26, ibid., for “Development Bank” (w.e.f. 5-9-2000). 3. Subs. by Act 43 of 1985, s. 25, for sub-sections (1) and (2) (w.e.f. 21-8-1985). 4. Subs. by Act 39 of 2000, s. 27, for “Development Bank” (w.e.f. 5-9-2000). 5. Subs. by Act 52 of 1975, s. 38, for “to the State Government and to the Reserve Bank” (w.e.f. 16-2-1976). 6. Subs. by Act 56 of 1956, s. 22, for “three months” (w.e.f. 1-10-1956). 27 ----- CHAPTER V MISCELLANEOUS **39. Power to give instructions to Financial Corporation on questions of policy.—(1) In the** discharge of its functions, the Board shall be guided by such instructions on questions of policy as may be given to it by the State Government [1][in consultation with [2][and after obtaining the advice of,] the [3][Small Industries Bank]]. (2) If any dispute arises between the State Government and the Board as to whether a question is or is not a question of policy, the decision of the State Government shall be final. 4[(2A) Nothing contained in sub-section (1) and sub-section (2) shall apply in a case where a State Government holds less than fifty-one per cent. of the equity shares in the Financial Corporation. (2B) Notwithstanding the equity share holding of a Financial Corporation by a State Government, the State Government may advise the Financial Corporations on the matters of policy.] (3) If the Board fails to carry out the instructions on the question of policy laid down by the State Government [5][under sub-section (1) of this section or the instructions given to the Board under sub-section (4) of section 37A], the State Government shall have the power to supersede the Board and appoint a new Board in its place to function until a properly constituted Board is set up, and the decision of the State Government as to the grounds for superseding the Board shall not be questioned in any court. **40. Declaration of fidelity and secrecy.—[6][(1) The Financial Corporation shall not, except as** otherwise required by this Act or any other law for the time being in force, divulge any information relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage, customary among bankers, necessary or appropriate for the Financial Corporation to divulge such information. (2) The Financial Corporation may, for the purpose of efficient discharge of its functions under this Act, collect from, or furnish to— (a) the Central Government; (b) the State Bank of India constituted under section 3 of the State Bank of India Act, 1955 (23 of 1955), any subsidiary bank within the meaning of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), or under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), any other scheduled bank, any [7][State Co-operative Bank, the Small Industries Bank or the Development Bank], such credit information or other information as it may consider useful for the purpose, in such manner and at such time as it may think fit, _Explanation.—For the purposes of this sub-section, the expression “credit information” shall have the_ same meaning as in clause (c) of section 45A of the Reserve Bank of India Act, 1934 (2 of 1934), subject to the modification that the banking company referred to therein shall mean a bank referred to in clause (b) of this sub-section.] 8[(3)] Every director, auditor, officer or other employee of the Financial Corporation shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the Schedule. 1. Ins. by Act 56 of 1956, s. 23 (w.e.f.1-10-1956). 2. Inserted by Act 77 of 1972, s. 26 (w.e.f. 30-12-1972). 3. Subs. by Act 39 of 2000, s. 28, for “Development Bank” (w.e.f. 5-9-2000). 4. Ins. by s. 28, ibid. (w.e.f. 5-9-2000). 5. Subs. by Act 56 of 1956, s. 23, for certain words (w.e.f. 1-10-1956). 6. Ins. by Act 48 of 1983, s. 6 (w.e.f. 30-12-1983). 7. Subs. by Act 39 of 2000, s. 29, for “State co-operative Bank or the Development Bank” (w.e.f. 5-9-2000). 8. Section 40 re-numbered as sub-section (3) thereof by Act 48 of 1983, s. 6 (w.e.f. 30-12-1983). 28 ----- 1[(4) Nothing contained in this section shall apply to the credit information disclosed under the Credit Information Companies (Regulation) Act, 2005 (30 of 2005).] **41. Indemnity of directors.—(1) Every director shall be indemnified by the Financial Corporation** against all losses and expenses incurred by him in the discharge of his duties except such as are caused by his own wilful act or default. (2) A director shall not be responsible for any other director or for any officer or other employee of the Financial Corporation or for any loss or expenses resulting to the Financial Corporation by the insufficiency or deficiency of value of or title to any property or security acquired or taken on behalf of the Financial Corporation or by the wrongful act of any person under obligation to the Financial Corporation or by anything done in good faith in the execution of the duties of his office or in relation thereto. **2[41A. Protection of action taken by persons appointed under section 27 or section 32A.—No** suit, prosecution or other legal proceeding shall lie against any person appointed as director, administrator, managing agent or manager by the Financial Corporation in pursuance of Section 27 or section 32A for anything which is in good faith done or intended to be done by him as such director, administrator, managing agent or manager.] **3[41B. Nomination in respect of deposits, bonds, etc.—(1) Notwithstanding anything contained in** any other law for the time being in force, where a nomination in respect of any deposits, bonds or other securities is made in the prescribed manner, the amount due on such deposits, bonds or securities shall, on the death of the depositor or holder thereof, vest in, and be payable to, the nominee subject to any right, title or interest of any other person to such deposits, bonds or securities. (2) Any payment by the Financial Corporation in accordance with the provisions of sub-section (1) shall constitute a full discharge to the Financial Corporation of its liability in respect of such deposits, bonds or securities.] **42. Offences.—(1) Whoever, in any bill of lading, warehouse receipt or other document given to the** Financial Corporation, whereby security is given or is purported to be given to the Financial Corporation for any accommodation granted by it under this Act, wilfully makes any false statement or knowingly permits any false statement to be made shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both. (2) Whoever, without the consent in writing of the Financial Corporation, uses the name of the Financial Corporation in any prospectus or advertisement shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both. (3) No court shall take cognizance of any offence punishable under this Act otherwise than on a complaint in writing signed by an officer of the Financial Corporation authorised by the Board in this behalf. **43. Provisions relating to income-tax and super-tax.—For the purposes of the [4][Income-tax Act,** 1961(43 of 1961)], the Financial Corporation shall be deemed to be a company within the meaning of that Act and shall be liable to income-tax and super-tax accordingly on its income, profits and gains: Provided that any sum paid by the State Government under the guarantee given in pursuance of [5]*** [6][section 7 or section 8] shall not be treated as the income, profits and gains of the Financial Corporation and any interest on debentures, [7][bonds or deposits] paid by the Financial Corporation out of such sum shall not be treated as expenditure incurred by it: 1. Ins. Act 30 of 2005, s. 34 and the Schedule (w.e.f. 14-12-2006). 2. Ins. by Act 6 of 1962, s. 21 (w.e.f. 16-4-1962). 3. Ins. by Act 39 of 2000, s. 30 (w.e.f. 5-9-2000). 4. Subs. by Act 43 of 1985, s. 26, for “Indian Income-tax Act, 1922 (11 of 1922)” (w.e.f. 21-8-1985). 5. The words and figure “section 6 or” omitted by Act 39 of 2000, s. 31 (w.e.f. 5-9-2000). 6. Subs. by Act 6 of 1962, s. 22, for certain words (w.e.f. 16-4-1962). 7. Subs. by s. 22, ibid., for “or bonds” (w.e.f. 16-4-1962). 29 ----- Provided further that in the case of any shareholder such portion of a dividend as has been paid out of any such sum advanced by the State Government shall be deemed to be [1][his] income from “interest on securities” [2][and the income-tax shall be payable thereon as if it were the interest receivable on any security of a State Government issued income-tax free] within the meaning of section 8 of that Act. **3[43A. Delegation of powers.—The Board may, by general or special order, delegate to the** managing director or to any other officer of the Financial Corporation [4][or to any committee appointed under section 21] subject to such conditions and limitations, if any, as may be specified in the order such of its powers and duties under this Act as it may deem necessary.] 4[43B. Reports to the Board.—(1) The minutes of every meeting of the committee appointed under Section 21 shall, after confirmation thereof at the next meeting of the committee, be laid before the Board at the next following meeting of the Board. 5* - - - *.] **44. Act 18 of 1891 to apply to the books of the Financial Corporation.—The Financial** Corporation shall be deemed to be a bank for the purposes of the Bankers Books Evidence Act, 1891 (18 of 1891). **45. Liquidation of Financial Corporation.—No provision of law relating to the winding up of** companies or corporations shall apply to the Financial Corporation, and the Financial Corporation shall not be placed in liquidation, save by order of the State Government and in such manner as it may direct. **46. Power to apply Act to certain financial institutions in existence at commencement of** **Act.—(1) The Central Government may by notification in the Official Gazette, direct that all or any of the** provisions of this Act shall, subject to such exceptions and restrictions as may be specified, apply to [6][any institution established by a State Government] which has for its object the financing of industrial concerns, and on the issue of such notification, the institution shall be deemed to be a Financial Corporation established by the State Government for the State within the meaning of this Act, and the provisions of this Act shall become applicable thereto according to the tenor of the notification: 7[Provided that no notification shall be issued under this sub-section in respect of any institution unless a request is made in that behalf by the State Government concerned.] (2) Any notification issued under sub-section (1) may suspend the operation of any enactment applicable to any such institution immediately before the issue of the notification. 8[46A. Extension of jurisdiction of the Financial Corporation to other States by **agreement.—(1) Where a Financial Corporation has been established for any State** [9][and one or more other States not served in whole or in part by a Financial Corporation] desires that the Financial Corporation [10][should serve the needs of those States or of any area therein], and the States, after consultation with the [11][Small Industries Bank], enter into an agreement which is published in the Official Gazettes of each of those States, then the Financial Corporation shall, on the issue of a notification in the Official Gazette by the Central Government, serve the needs of those States [12][or, as the case may be, of the area therein] in terms of the agreement [[12][and any Financial Corporation or any State may enter into](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=54449&iActID=1393#f5) separate or successive agreements as aforesaid with one another or with other Financial Corporations of States and in relation to different areas of the States]. 1. Subs. by Act 48 of 1952, s. 3 and second Schedule, for “its” (w.e.f. 2-8-1952). 2. Subs. by Act 6 of 1962, s. 22, for “Declared to be income-tax free” (w.e.f. 16-4-1962). 3. Ins. by s. 23, ibid. (w.e.f. 16-4-1962). 4. Ins. by Act 43 of 1985, s. 27 (w.e.f. 21-8-1985). 5. Omitted by Act 39 of 2000, s. 32 (w.e.f. 5-9-2000). 6. Subs. by Act 43 of 1985, s. 29, for “Any institution in existence at the commencement of this Act” (w.e.f. 21-8-1985). 7. Ins. by s. 29, ibid. (w.e.f. 21-8-1985). 8. Ins. by Act 56 of 1956, s. 24 (w.e.f. 1-10-1956). 9. Subs. by Act 77 of 1972, s. 27, for “and any other State” (w.e.f. 30-12-1972). 10. Subs. by s. 27, ibid., for “should serve its needs” (w.e.f. 30-12-1972). 11. Subs. by Act 39 of 2000, s. 33, for “Development Bank” (w.e.f. 5-9-2000). 12. Ins. by Act 77 of 1972, s. 27 (30-12-1972). 30 ----- 1[(1A) Any agreement entered into under sub-section (1) may be modified or rescinded by mutual agreement between the parties thereto and every such mutual agreement shall also provide for the apportionment of assets and liabilities.] (2) An inter-State agreement among the participating States may, as far as may be, make all such provisions as are referred to in sub-section (2) of section 3A. **46B. Effect of Act on other laws.—The provision of this Act and of any rule or orders made** thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the memorandum or articles of association of an industrial concern or in any other instrument having effect by virtue of any law other than this Act, but save as aforesaid, the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being applicable to an industrial concern.] **47. [Power of Board to make regulations.] Omitted by the State Financial Corporations (Amendment)** _Act, 2000 (39 of 2000), s. 34 (w.e.f. 5-9-2000)._ **48. Power of Board to make regulations.—(1) The Board may, after consultation with the [2][Small** Industries Bank] and with the previous sanction of the State Government, make regulations not inconsistent with this Act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for— (a) the holding and conduct of elections under this Act, including the final decision on doubts or disputes regarding the validity of elections; (b) the manner in which, and the conditions subject to which, the first allotment of the shares of the Financial Corporation shall be made; (c) the manner in which, and the conditions subject to which, the shares of the Financial Corporation may be held and transferred and generally all matters relating to the rights and duties of shareholders; 3[(ca) the maintenance of register of shareholders, particulars to be entered in such register, the safeguards to be observed in the maintenance of register of shareholders on computer floppies or diskettes, compact disk or any other electronic form the inspection and closure of the register of shareholders and all other matters connected therewith under section 6; (cb) the manner of nomination of directors under clause (d) of section 10; (cc) the entrusting or delegation of duties to the managing director by the Board under clause (c) of sub-section (1) of section 17; (cd) the functions of Executive Committee under sub-section (2) of section 18; (ce) the guidelines and prudential norms in accordance with which investment may be made under section 34; (cf) the manner in which nomination may be made under section 4IB; and (cg) the investments (whether by way of deposits in bank or otherwise) of the amounts which are not for the time being required for transaction of business;] (d) the manner in which general meetings shall be convened, the procedure to be followed thereat and the manner in which voting rights may be exercised; (e) the calling of meetings of the Board, and of the Executive Committee, fees for attending meetings thereof and the conduct of business thereat; 1. Ins. by Act 77 of 1972, s. 27 (w.e.f. 30-12-1972). 2. Subs. by Act 39 of 2000, s. 35, for “Development Bank” (w.e.f. 5-9-2000). 3. Ins. by s. 35, ibid. (w.e.f. 5-9-2000). 31 ----- (f) the manner and terms of issue and repayment of bonds and debentures by the Financial Corporation; (g) the conditions which the Financial Corporation may impose in granting loans or advances; 1* - - - (i) the forms of returns and statements required under this Act; (j) the duties and conduct of officers, other employees, advisers and agents of the Financial Corporation; (k) the establishment and maintenance of provident or other benefit funds for employees of the Financial Corporation; (l) the taking over of the management of any industrial concern on a breach of its agreement with the Financial Corporation; (m) the appointment of [2][committees] for the purposes of this Act, [3][fees for attending meetings thereof and the conduct of business thereat]; and (n) generally, the efficient conduct of the affairs of the Financial Corporation. 4[(o) the form and manner in which the balance-sheet and the accounts of the Financial Corporation shall be prepared; (p) any other matter which is to be, or may be, prescribed.] 5[(3) All regulations made under this section shall be published in the Official Gazette and any such regulation shall have effect from such earlier or later date as may be specified in the regulations.] **6[48A. Laying of rules and regulations before State Legislature. —7*** and every regulation** made under section 48 shall be laid, as soon as may be after it is made, before the State Legislature.] **8[48B. Power to make rules.—(1) The Central Government may, by notification in the Official** Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power such rules may provide for the procedure for filing and hearing of appeals under sub-section (5) of section 5. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **49. Power to remove difficulty.—If any difficulty arises in giving effect to the provisions of this** Act, as amended by the Public Financial Institutions Laws (Amendment) Act, 1975 (52 of 1975), the Central Government may, by order, do anything, not inconsistent with such provisions, for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of three years from the commencement of the said Amendment Act.] 1. Omitted by Act 43 of 1985, s. 30 (w.e.f. 21-8-1985). 2. Subs. by s. 30, ibid., for “advisory committees for technical and other advice” (w.e.f. 21-8-1985) 3. Ins. by act 56 of 1956, s. 25 (w.e.f. 1-10-1956). 4. Ins. by Act 39 of 2000, s. 35 (w.e.f. 5-9-2000). 5. Subs. by Act 77 of 1972, s. 28, for sub-section (3) (w.e.f. 30-12-1972). 6. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f. 15-5-1986). 7. The words “Every rule made under section 47 and” omitted by Act 39 of 2000, s. 36 (w.e.f. 5-9-2000). 8. Ins. by s. 37, ibid. (w.e.f. 5-9-2000). 32 ----- THE SCHEDULE 1[See section 40 (3)] DECLARATION OF FIDELITY AND SECRECY I, .............................................................................. do hereby declare that I will faithfully, truly and to the best of my skill and ability execute and perform the duties required of me as a director, officer, employee or auditor (as the case may be) of the Financial Corporation and which properly relate to any office or position in the said Financial Corporation held by me. I further declare that I will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the Financial Corporation, nor will I allow any such person to inspect or have access to any books or documents belonging to or in the possession of the Financial Corporation and relating to the business of the Financial Corporation. Signature. Signed before me: 1. Subs. by Act 48 of 1983, s. 6, for “(See section 40)” (w.e.f. 30-12-1983). 33 -----

2-Nov-1951

69

The Plantations Labour Act, 1951

https://www.indiacode.nic.in/bitstream/123456789/2085/1/195169.pdf

central

# THE PLANTATIONS LABOUR ACT, 1951 ————— ARRANGEMENT OF SECTIONS ————— CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent, commencement and application. 2. Definitions. 3. Reference to time of day. CHAPTER IA REGISTRATION OF PLANTATIONS 3A. Appointment of registering officers. 3B. Registration of plantations. 3C. Appeals against orders of registering officer. 3D. Power to make rules. CHAPTER II INSPECTING STAFF 4. Chief inspector and inspectors. 5. Powers and functions of inspectors. 6. Facilities to be afforded to inspectors. 7. Certifying surgeons. CHAPTER III PROVISIONS AS TO HEALTH 8. Drinking water. 9. Conservancy. 10. Medical facilities. CHAPTER IV WELFARE 11. Canteens. 12. Creches. 13. Recreational facilities. 1 ----- SECTIONS 14. Educational facilities. 15. Housing facilities. 16. Power to make rules relating to housing. 16A. Liability of employer in respect of accidents resulting from collapse of houses provided by him. 16B. Appointment of Commissioners. 16C. Application for compensation. 16D. Procedure and powers of Commissioner. 16E. Liability to pay compensation, etc., to be decided by Commissioner. 16F. Saving as to certain rights. 16G. Power to make rules. 17. Other facilities. 18. Welfare officers. CHAPTER IVA PROVISIONS AS TO SAFETY 18A. Safety. 18B. Power of State Government to make rules. CHAPTER V HOURS AND LIMITATION OF EMPLOYMENT 19. Weekly hours. 20. Weekly holidays. 21. Daily intervals for rest. 22. Spreadover. 23. Notice of period of work. 24. Prohibition of employment of children. 25. Night work for women and children. 26. Non-adult workers to carry tokens. 27. Certificate of fitness. 28. Power to require medical examination. CHAPTER VI LEAVE WITH WAGES 29. Application of Chapter. 30. Annual leave with wages. 31. Wages during leave period. 2 ----- SECTIONS 32. Sickness and maternity benefits. 32A. Notice of accident. 32B. Register of accidents. 32C. Compensation. CHAPTER VIA ACCIDENTS CHAPTER VII PENALTIES AND PROCEDURE 33. Obstruction. 34. Use of false certificate of fitness. 35. Contravention of provisions regarding employment of labour. 36. Other offences. 37. Enhanced penalty after previous conviction. 37A. Power of court to make orders. 38. Exemption of employer from liability in certain cases. 39. Cognizance of offences. 39A. Protection of action taken in good faith. 40. Limitation of prosecutions. CHAPTER VIII MISCELLANEOUS 41. Power to give directions. 42. Power to exempt. 43. General power to make rules. 3 ----- # THE PLANTATIONS LABOUR ACT, 1951 ACT NO. 69 OF 1951[1] [2nd November, 1951.] # An Act to provide for the welfare of labour, and to regulate the conditions of work, in plantations. BE it enacted by Parliament as follows:— CHAPTER I PRELIMINARY **1. Short title, extent, commencement and application.—(1) This Act may be called the Plantations** Labour Act, 1951. (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) It shall come into force on such date[2] as the Central Government may, by notification in the Official Gazette, appoint [3][(4) It applies to the following plantations, that is to say,— (a) to any land used or intended to be used for growing tea, coffee, rubber [4][, cinchona or cardamom] which admeasures [5][5 hectares] or more and in which [6][fifteen] or more persons are employed or were employed on any day of the preceding twelve months; (b) to any land used or intended to be used for growing any other plant, which admeasures [6][5 hectares] or more and in which [7][fifteen] or more persons are employed or were employed on any day of the preceding twelve months, if, after obtaining the approval of the Central Government, the State Government, by notification in the Official Gazette, so directs. 7[Explanation.—Where any piece of land used for growing any plant referred to in clause (a) or clause (b) of this sub-section admeasures less than 5 hectares and is contiguous to any other piece of land not being so used, but capable of being so used, and both such pieces of land are under the management of the same employer, then, for the purposes of this sub-section, the piece of land first mentioned shall be deemed to be a plantation, if the total area of both such pieces of land admeasures 5 hectares or more.] (5) The State Government may, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any land used or intended to be used for growing any plant referred to in clause (a) or clause (b) of sub-section (4), notwithstanding that— 1. The Act comes into force in Pondicherry on 1-10-1963 by Reg. 7 of 1963, s. 3 and Sch. I. The Act has been amended in Kerala by Kerala Act 25 of 1969. 2. 1st April, 1954: see S.R.O. 880 dated 6th March, 1954, Gazette of India, 1954, Pt. II, Sec. 3, p. 530 3. Subs. by Act 34 of 1960, s. 2, for sub-section (4) (w.e.f. 21-11- 1960). 4. Subs. by Act 58 of 1981, s. 2, for "or cinchona" (w.e.f. 26-1- 1982). 5. Subs. by s. 2, ibid., for “10.117 hectares” (w.e.f. 26-1-1982). 6. Subs. by s. 2, ibid., for “thirty” (w.e.f. 26-1-1982). 7. Ins. by s. 2, ibid. (w.e.f. 26-1-1982). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 4 ----- (a) it admeasures less than [1][5 hectares], or (b) the number of persons employed therein is less than [2][fifteen]: Provided that no such declaration shall be made in respect of such land which admeasured less than 1[5 hectares] or in which less than 2[fifteen] persons were employed, immediately before the commencement of this Act.] **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “adolescent” means a person who has completed his [3][fourteenth] year but has not completed his eighteenth year; (b) “adult” means a person who has completed his eighteenth year; (c) “child” means a person who has not completed his [3][fourteenth] year; (d) “day” means a period of twenty-four hours beginning at midnight; (e) “employer” when used in relation to a plantation, means the person who has the ultimate control over the affairs of the plantation, and where the affairs of any plantation are entrusted to any other person (whether called a managing agent, manager, superintendent or by any other name) such other person shall be deemed to be the employer in relation to that plantation; 4[Explanation.—For the purposes of this clause, "the person who has the ultimate control over the the affairs of the plantation" means in the case of a plantation owned or controlled by— (i) a company, firm or other association of individuals, whether incorporated or not, every director, partner or individual; (ii) the Central Government or State Government or any local authority, the person or persons appointed to manage the affairs of the plantation; and (iii) a lessee, the lessee;] 5[(ee) “family”, when used in relation to a worker, means— (i) his or her spouse, and (ii) the legitimate and adopted children of the worker dependent upon him or her, who have not completed their eighteenth year, 6[and includes parents and widow sister, dependent upon him or her;] 7[(eee) “inspector” means an inspector of plantations appointed under sub-section (1) of section 4 and includes an additional inspector of plantations appointed under sub-section (1A) of that section;] 1. Subs. by Act 58 of 1981, s. 2, for “10.117 hectares” (w.e.f. 26-1-1982). 2. Subs. by s. 2, ibid., for “thirty” (w.e.f. 26-1-1982). 3. Subs. by Act 61 of 1986, s. 24, for “fifteenth” (w.e.f. 23-12-1986). 4. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010). 5. Ins. by Act 34 of 1960, s. 3 (w.e.f. 21-11-1960). 6. Subs. by Act 17 of 2010, s. 2, for certain words (w.e.f. 7-6-2010). 7. Ins. by Act 58 of 1981, s. 3 (w.e.f. 26-1-1982). 5 ----- 1[(f) “plantation” means any plantation to which this Act, whether wholly or in part, applies and includes offices, hospitals, dispensaries, schools, and any other premises used for any purpose connected with such plantation, but does not include any factory on the premises to which the provisions of the Factories Act, 1948 (63 of 1948) apply;] (g) “prescribed” means prescribed by rules made under this Act; 2[(h) “qualified medical practitioner” means a person holding a qualification granted by an authority specified or notified under section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916), or specified in the Schedules to the Indian Medical Council Act, 1956 (102 of 1956), and includes any person having a certificate granted under any Provincial or State Medical Council Act;] (i) “wages” has the meaning assigned to it in clause (h) of section 2 of the Minimum Wages Act, 1948 (11 of 1948); (j) “week” means a period of seven days beginning at mid-night on Saturday night or such other night as may be fixed by the State Government in relation to plantations in any area after such consultation as may be prescribed with reference to the plantations concerned in that area; 3[(k) “worker” means a person employed in a plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical [4][and includes a person employed on contract for more than sixty days in a year], but does not include— (i) a medical officer employed in the plantation; (ii) any person employed in the plantation (including any member of the medical staff) whose monthly wages exceed [5][rupees ten thousand]; (iii) any person employed in the plantation primarily in a [6][managerial or administrative capacity, notwithstanding that his monthly wages do not exceed ten thousand]; or (iv) any person temporarily employed in the plantation in any work relating to the construction, development or maintenance of buildings, roads, bridges, drains or canals;] (l) “young person” means a person who is either a child or an adolescent. **3. Reference to time of day.—In this Act, references to time of day are references to Indian Standard** Time being five and a half hours ahead of Greenwich Mean Time: Provided that for any area in which the Indian Standard Time is not ordinarily observed, the State Government may make rules— (a) specifying the area; 1. Subs. by Act 34 of 1960, s. 3, for cl. (f) (w.e.f. 21-11-1960). 2. Subs. by s. 3, ibid., for cl. (h) (w.e.f. 21-11-1960). 3. Subs. by s. 3, ibid., for cl. (k) (w.e.f. 21-11-1960). 4. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010). 5. Subs. by s. 2, ibid., for “rupees seven hundred and fifty” (w.e.f. 7-6-2010). 6. Subs. by s. 2, ibid., for “managerial capacity, notwithstanding that his monthly wages do not exceed rupees seven hundred and and fifty” (w.e.f. 7-6-2010). 6 ----- (b) defining the local mean time ordinarily observed therein; and (c) permitting such time to be observed in all or any of the plantations situated in that area. 1[CHAPTER IA REGISTRATION OF PLANTATIONS **3A. Appointment of registering officers.—The State Government may, by notification in the** Official Gazette,— (a) appoint such persons, being Gazetted Officers of Government, as it thinks fit, to be registering officers for the purposes of this Chapter, and (b) define the limits within which a registering officer shall exercise the powers and discharge the functions conferred or imposed on him by or under this Chapter. **3B. Registration of plantations.—(1) Every employer of a plantation, existing at the commencement** of the Plantation Labour (Amendment) Act, 1981 (58 of 1981) shall, within a period of sixty days of such commencement, and every employer of any other plantation coming into existence after such commencement shall, within a period of sixty days of the coming into existence of such plantation, make an application to the registering officer for the registration of such plantation: Provided that the registering officer may entertain any such application after the expiry of the period aforesaid if he is satisfied that the applicant was prevented by sufficient cause from making the application within such period. (2) Every application made under sub-section (1) shall be in such form and shall contain such particulars and shall be accompanied by such fees as may be prescribed. (3) After the receipt of an application under sub-section (1), the registering officer shall register the plantation. (4) Where a plantation is registered under this section, the registering officer shall issue a certificate of registration to the employer thereof in such form as may be prescribed. (5) Where, after the registration of a plantation under this section, any change occurs in the ownership or management or in the extent of the area or other prescribed particulars in respect of such plantation, the particulars regarding such change shall be intimated by the employer to the registering officer within thirty days of such change in such form as may be prescribed. (6) Where as a result of any intimation received under sub-section (5), the registering officer is satisfied that the plantation is no longer required to be registered under this section, he shall, by order in writing, cancel the registration thereof and shall, as soon as practicable, cause such order to be published in any one newspaper in the language of, and having circulation in, the area where the plantation is situated. **3C. Appeals against orders of registering officer.—(1) Any person aggrieved by the order of a** registering officer under sub-section (6) of section 3B may, within thirty days of the publication of such order in the newspaper under that sub-section, prefer an appeal to such authority as may be prescribed: 1. Ins. by Act 58 of 1981, s. 4 (w.e.f. 26-1-1982). 7 ----- Provided that the appellate authority may entertain an appeal under this sub-section after the expiry of the aforesaid period if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within such period. (2) After the receipt of an appeal under sub-section (1), the appellate authority may, after giving the appellant, the employer referred to in sub-section (5) of section 3B and the registering officer an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible. **3D. Power to make rules.—(1) The State Government may, by notification in the Official Gazette,** make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form of application for the registration of a plantation, the particulars to be contained in such application and the fees to be accompanied along with such application; (b) the form of the certificate of registration; (c) the particulars regarding any change in respect of which intimation shall be given by the employer to the registering officer under sub-section (5) of section 3B and the form in which such change shall be intimated; (d) the authority to which an appeal may be preferred under section 3C and the fees payable in respect of such appeal; (e) the registers to be kept and maintained by a registering officer.] CHAPTER II INSPECTING STAFF **4. Chief inspector and inspectors.—(1) The State Government may, by notification in the Official** Gazette, appoint for the State a duly qualified person to be the chief inspector of plantations and so many duly qualified persons to be inspectors of plantations subordinate to the chief inspector as it thinks fit. 1[(1A) The State Government may also, by notification in the Official Gazette, appoint such officers of the State Government or of any local authority under its control, as it thinks fit, to be additional inspectors of plantations for all or any of the purposes of this Act.] (2) Subject to such rules as may be made in this behalf by the State Government, the chief inspector may declare the local area or areas within which, or the plantations with respect to which, inspectors shall exercise their powers under this Act, and may himself exercise the powers of an inspector within such limits as may be assigned to him by the State Government. (3) The chief inspector and all inspectors shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860). **5. Powers and functions of inspectors.—Subject to any rules made by the State Government in this** behalf, an inspector may within the local limits for which he is appointed— (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and of the rules made thereunder are being observed in the case of any plantation; 1. Ins. by Act 58 of 1981, s. 5 (w.e.f. 26-1-1982). 8 ----- (b) with such assistants, if any, as he thinks fit, enter, inspect and examine any plantation or part thereof at any reasonable time for the purpose of carrying out the objects of this Act; (c) examine the crops grown in any plantation or any worker employed therein or require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act; (d) exercise such other powers as may be prescribed: Provided that no person shall be compelled under this section to answer any question or make any statement tending to incriminate himself. **6. Facilities to be afforded to inspectors.— Every employer shall afford the inspector all reasonable** facilities for making any entry, inspection, examination or inquiry under this Act. **7. Certifying surgeons.—(1) The State Government may appoint qualified medical practitioners to** be certifying surgeons for the purposes of this Act within such local limits or for such plantation or class of plantations as it may assign to them respectively. (2) The certifying surgeon shall carry out such duties as may be prescribed in connection with— (a) the examination and certification of workers; (b) the exercise of such medical supervision as may be prescribed where adolescents [1][are], employed in any work in any plantation which is likely to cause injury to their health. CHAPTER III PROVISIONS AS TO HEALTH **8. Drinking water.—In every plantation effective arrangements shall be made by the employer to** provide and maintain at convenient places in the plantation a sufficient supply of wholesome drinking water for all workers. **9. Conservancy.—(1) There shall be provided separately for males and females in every plantation a** sufficient number of latrines and urinals of prescribed types so situated as to be convenient and accessible to workers employed therein. (2) All latrines and urinals provided under sub-section (1) shall be maintained in a clean and sanitary condition. **10. Medical facilities.—(1) In every plantation there shall be provided and maintained so as to be** readily available such medical facilities for the workers [2][and their families] as may be prescribed by the State Government. (2) If in any plantation medical facilities are not provided and maintained as required by sub-section (1) the [3][State Government upon a request by the chief inspector] may cause to be provided and maintained therein such medical facilities, and recover the cost thereof from the defaulting employer. (3) For the purposes of such recovery the chief inspector may certify the costs to be recovered to the collector, who may recover the amount as an arrear of land-revenue. 1. Subs. by Act 17 of 2010, s. 3, for “and children are, or are to be” (w.e.f. 7-6-2010). 2. Ins. by Act 34 of 1960, s. 4 (w.e.f. 21-11-1960). 3. Subs. by Act 17 of 2010, s. 4, for “chief inspector” (w.e.f. 7-6-2010). 9 ----- **STATE AMENDMENT** **Kerala** **Amendment of section 10.—In section 10 of the Plantations Labour Act, 1951 (Central Act 69 of 1951),** after sub-section (1), the following Explanation shall be inserted, namely:— “Explanation.—For the purpose of this section, “family”, when used in relation to a worker, means— (i) his or her spouse; (ii) mentally retarded children, minor legitimate or adopted son, unmarried legitimate or adopted daughter of the worker dependent upon him or her, and includes the parents of the worker dependent upon him or her.”. [Vide Kerala Act 1 of 1999, s. 2.] CHAPTER IV WELFARE **11. Canteens.—(1) The State Government may make rules requiring that in every plantation wherein** one hundred and fifty workers are ordinarily employed, one or more canteens shall be provided and maintained by the employer for the use of the workers. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the date by which the canteen shall be provided; (b) the number of canteens that shall be provided and the standards in respect of construction, accommodation, furniture and other equipment of the canteens; (c) the foodstuffs which may be served therein and the charges which may be made therefor; (d) the constitution of a managing committee for the canteen and the representation of the workers in the management of the canteen; (e) the delegation to the chief inspector, subject to such conditions as may be prescribed, of the power to make rules under clause (c). **12. Creches.—[1][(1) In every plantation wherein fifty or more women workers (including women** workers employed by any contractor) are employed or were employed on any day of the preceding twelve months, or where the number of children of women workers (including women workers employed by any contractor) is twenty or more, there shall be provided and maintained by the employer suitable rooms for the use of children of such women workers. _Explanation.—For the purposes of this sub-section and sub-section (1A), “children” means persons_ who are below the age of six years.] 2[(1A) Notwithstanding anything contained in sub-section (1), if, in respect of any plantation wherein less than fifty women workers (including women workers employed by any contractor) are employed or were employed on any day of the preceding twelve months, or where the number of children of such 1. Subs. by Act 58 of 1981, s. 6, for sub-section (1) (w.e.f. 26-1- 1982). 2. Ins. by s. 6, ibid. (w.e.f. 26-1-1982). 10 ----- women workers is less than twenty, the State Government, having regard to the number of children of such women workers deems it necessary that suitable rooms for the use of such children should be provided and maintained by the employer, it may, by order, direct the employer to provide and maintain such rooms and thereupon the employer shall be bound to comply with such direction.] (2) [1][The rooms referred to in sub-section (1) or sub-section (1A)] shall— (a) provide adequate accommodation; (b) be adequately lighted and ventilated; (c) be maintained in a clean and sanitary condition; and (d) be under the charge of a woman trained in the care of children and infants. (3) The State Government may make rules prescribing the location and the standards of [1][the rooms referred to in sub-section (1) or sub-section (1A)] in respect of their construction and accommodation and the equipment and amenities to be provided therein. **13. Recreational facilities.—The State Government may make rules requiring every employer to** make provision in his plantation for such recreational facilities for the workers and children employed therein as may be prescribed. **14. Educational facilities.—Where the children between the ages of six and twelve of workers** employed in any plantation exceed twenty-five in number, the State Government may make rules requiring every employer to provide educational facilities for the children in such manner and of such standard as may be prescribed. **STATE AMENDMENT** **Assam** **Amendment of section 14.—In the principal Act, for existing section 14, the following shall be** substituted, namely: — “14. — Educational Faculties.—Where the children between the ages of six and fourteen of workers employed in any plantation exceed twenty five in number, the State Government may make rules requiring every employer to provide educational facilities for the children in such manner and of such standard as may be prescribed.” [Vide Assam Act 1 of 2018, s. 2.] 2[15. Housing facilities.—It shall be the duty of every employer to provide and maintain necessary housing accommodation— (a) for every worker (including his family) residing in the plantation; (b) for every worker (including his family) residing outside the plantation, who has put in six months of continuous service in such plantation and who has expressed a desire in writing to reside in the plantation: 1. Subs. by Act 58 of 1981, s. 6, for “such rooms” (w.e.f. 26-1-1982). 2. Subs. by s. 7, ibid., for section 15 (w.e.f. 26-1-1982). 11 ----- Provided that the requirement of continuous service of six months under this clause shall not apply to a worker who is a member of the family of a deceased worker who, immediately before his death, was residing in the plantation.] **16. Power to make rules relating to housing.—The State Government may make rules for the** purpose of giving effect to the provisions of section 15 and, in particular providing for— (a) the standard and specification of the accommodation to be provided; (b) the selection and preparation of sites for the construction of houses and the size of such plot; (c) the constitution of advisory boards consisting of representatives of the State Government, the employer and the workers for consultation in regard to matters connected with housing and the exercise by them of such powers, functions and duties in relation thereto as may be specified; (d) the fixing of rent, if any, for the housing accommodation provided for workers; (e) the allotment to workers and their families of housing accommodation and of suitable strips of vacant land adjoining such accommodation for the purpose of maintaining kitchen gardens, [1]*** and for the eviction of workers and their families from such accommodation; (f) access to the public to those parts of the plantation wherein the workers are housed. 2[16A. Liability of employer in respect of accidents resulting from collapse of houses provided **by him.—(1) If death or injury is caused to any worker or a member of his family as a result of the** collapse of a house provided under section 15, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to pay compensation. (2) The provisions of section 4 of, and Schedule IV to, the Workmen's Compensation Act, 1923 (8 of 1923), as in force for the time being, regarding the amount of compensation payable to a workman under that Act shall, so far as may be, apply for the determination of the amount of compensation payable under sub-section (1). **16B. Appointment of Commissioners.—The State Government may, by notification in the Official** Gazette, appoint as many persons, possessing the prescribed qualifications as it thinks fit, to be Commissioners to determine the amount of compensation payable under section 16A and may define the limits within which each such Commissioner shall exercise the powers and discharge the functions conferred or imposed on him by or under this Act. **16C. Application for compensation.—(1) An application for payment of compensation under** section 16A may be made to the Commissioner— (a) by the person who has sustained the injury; or (b) by any agent duly authorised by the person who has sustained the injury; or (c) where the person who has sustained the injury is a minor, by his guardian; or (d) where death has resulted out of the collapse of the house, by any dependant of the deceased or by any agent duly authorised by such dependant or, if such dependant is a minor, by his guardian. 1. Certain words and figures omitted by Act 34 of 1960, s. 5 (w.e.f. 21-11- 1960). 2. Ins. by Act 58 of 1981, s. 8 (w.e.f. 26-1-1982). 12 ----- (2) Every application under sub-section (1) shall be in such form and shall contain such particulars as may be prescribed. (3) No application for compensation under this section shall be entertained unless it is made within six months of the collapse of the house: Provided that the Commissioner may, if he is satisfied that the applicant was prevented by sufficient cause from making the application within the aforesaid period of six months, entertain such application within a further period of six months. _Explanation.—In this section, the expression “dependant” has the meaning assigned to it in clause (d)_ of section 2 of the Workmen's Compensation Act, 1923 (8 of 1923). **16D. Procedure and powers of Commissioner.—(1) On receipt of an application under section** 16C, the Commissioner may make an inquiry into the matter covered by the application. (2) In determining the amount of compensation payable under section 16A, the Commissioner may, subject to any rules that may be made in this behalf, follow such summary procedure as he thinks fit. (3) The Commissioner shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; (f) any other matter which may be prescribed. (4) Subject to any rules that may be made in this behalf, the commissioner may, for the purpose of determining any claim or compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist him in holding the inquiry. **16E. Liability to pay compensation, etc., to be decided by Commissioner.—(1) Any question as to** the liability of an employer to pay compensation under section 16A, or as to the amount thereof, or as to the person to whom such compensation is payable, shall be decided by the Commissioner. (2) Any person aggrieved by a decision of the Commissioner refusing to grant compensation, or as to the amount of compensation granted to him, or to the apportionment thereof, may prefer an appeal to the High Court having jurisdiction over the place where the collapse of the house has occurred, within ninety days of the communication of the order of the Commissioner to such person: Provided that the High Court may entertain any such appeal after the expiry of the period aforesaid if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within such period: Provided further that nothing in this sub-section shall be deemed to authorise the High Court to grant compensation in excess of the amount of compensation payable under section 16A. 13 ----- (3) Subject to the decision of the High Court in cases in which an appeal is preferred under sub-section (2), the decision of the Commissioner under sub-section (1) shall be final and shall not be called in question in any court. **16F. Saving as to certain rights.—The right of any person to claim compensation under section 16A** shall be without prejudice to the right of such person to recover compensation payable under any other law for the time being in force; but no person shall be entitled to claim compensation more than once in respect of the same collapse of the house. **16G. Power to make rules.—(1) The State Government may, by notification in the Official Gazette,** make rules for giving effect to the provisions of sections 16A to 16F (both inclusive). (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (i) the qualifications and conditions of service of Commissioners; (ii) the manner in which claims for compensation may be inquired into and determined by the Commissioner; (iii) the matters in respect of which any person may be chosen to assist the Commissioner under section 16D and the functions that may be performed by such person; (iv) generally for the effective exercise of any powers conferred on the Commissioner.] **17. Other facilities.—The State Government may make rules requiring that in every plantation the** employer shall provide the workers with such number and type of umbrellas, blankets, rain coats or other like amenities for the protection of workers from rain or cold as may be prescribed. **18. Welfare officers.—(1) In every plantation wherein three hundred or more workers are ordinarily** employed the employer shall employ such number of welfare officers as may be prescribed. (2) The State Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1). **STATE AMENDMENT** **Kerala** **Amendment of Section 18.—In Section 18 of the Plantation Labour Act, 1951 (Central Act 69 of** 1951) (hereinafter referred to as the principal Act), after sub-section (1), the following sub-section shall be inserted, namely:— “(1A) If in any plantation, welfare officers are not employed as required by the rules made under sub-section (1), the chief inspector may appoint the required number of welfare officers and thereupon such officers shall be deemed to have been employed by the employee under sub-section (1): Provided that before appointing welfare officers under this sub-section the employer shall be given an opportunity of being heard.” [Vide Kerala Act 25 of 1969, s. 2.] 14 ----- 1[CHAPTER IVA PROVISIONS AS TO SAFETY **18A. Safety.—(1) In every plantation, effective arrangements shall be made by the employer to** provide for the safety of workers in connection with the use, handling, storage and transport of insecticides, chemicals and toxic substances. (2) The State Government may make rules for prohibiting or, restricting employment of women or adolescents in using or handling hazardous chemicals. (3) The employer shall appoint persons possessing the prescribed qualifications to supervise the use, handling, storage and transportation of insecticides, chemicals and toxic substances in his plantation. (4) Every employer shall ensure that every worker in plantation employed for handling, mixing, blending and applying insecticides, chemicals and toxic substances, is trained about the hazards involved in different operations in which he is engaged, the various safety measures and safe work practices to be adopted in emergencies arising from spillage of such insecticides chemicals and toxic substances and such other matters as may be prescribed by the State Government. (5) Every worker who is exposed to insecticides, chemicals and toxic substances shall be medically examined periodically, in such manner as may be prescribed, by the State Government. (6) Every employer shall maintain health record of every worker who is exposed to insecticides, chemicals and toxic substances which are used, handled, stored or transported in a plantation, and every such worker shall have access to such record. (7) Every employer shall provide— (a) washing, bathing and clock room facilities; and (b) protective clothing and equipment, to every worker engaged in handling insecticides, chemicals or toxic substances in such manner as may be prescribed by the State Government. (8) Every employer shall display in the plantation a list of permissible concentrations of insecticides, chemicals and toxic substances in the breathing zone of the workers engaged in the handling and application of such insecticides, chemicals and toxic substances. (9) Every employer shall exhibit such precautionary notices as may be prescribed by the State Government indicating the hazards of insecticides, chemicals and toxic substances. **STATE AMENDMENT** **Kerala** **Insertion of new section 18A—After section 18 of the principal Act, the following section shall be** inserted, namely: — **“18A. Chief Inspector to provide facilities on default by employer.—** 1. Ins. by Act 17 of 2010, s. 5 (w.e.f. 7-6-2010). 15 ----- (1) If in any plantation, facilities are not provided or maintained by the employer as required by section 8 or section 9 or section 12 or section 15 or the rules made under section 11 or section 14 or section 17, the chief inspector may cause to be provided or maintained therein such facilities and recover the cost thereof from the defaulting employer: Provided that before providing or maintaining such facilities the employer shall be given an opportunity of being heard. (2) For the purpose of the recovery of the cost under sub-section (1) the chief inspector may certify the amount to be recovered to the Collector, who may thereupon recover such amount as an arrear of land revenue.”. [Vide Kerala Act 25 of 1969, s. 3] **18B. Power of State Government to make rules.—(1) The State Government may, by notification** in the Official Gazette, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: — (a) the restriction on employment of women and adolescents for handling hazardous chemicals under sub-section (2) of section 18A; (b) the qualifications of supervisor appointed under sub-section (3) of section 18A; (c) the matters for training of workers under sub-section (4) of section 18A; (d) the medical examination of workers under sub-section (5) of section 18A; (e) the facilities and equipment to be provided to the workers engaged in handling insecticides, chemicals and toxic substances under sub-section (7) of section 18A; (f) the precautionary notices to be exhibited under sub-section (9) of section 18A.] CHAPTER V HOURS AND LIMITATION OF EMPLOYMENT **19. Weekly hours.—[1][(1)] Save as otherwise expressly provided in this Act, no adult worker shall be** required or allowed to work on any plantation in excess of [2][forty-eight hours] a week and no adolescent 3*** for more than 4[twenty-seven hours] a week. [5][(2) Where an adult worker works in any plantation on any day in excess of the number of hours constituting a normal working day or for more than forty-eight hours in any week, he shall, in respect of such overtime work, be entitled to twice the rates of ordinary wages: 1. Section 19 renumbered as sub-section (1) thereof by Act 58 of 1981, s. 9 (w.e.f. 26-1-1982). 2. Subs. by s. 9, ibid, for “fifty-four hours” (w.e.f. 26-1-1982). 3. The words “or child’ omitted by Act 17 of 2010, s. 6 (w.e.f. 7-6-2010). 4. Subs. by Act 58 of 1981, s. 9, for “forty hours” (w.e.f. 26-1-1982). 5. Ins. by s. 9, ibid. (w.e.f. 6-1-1982). 16 ----- Provided that no such worker shall be allowed to work for more than nine hours on any day and more than fifty-four hours in any week. (3) For any work done on any closed holiday in the plantation or on any day of rest, a worker shall be entitled to twice the rates of ordinary wages as in the case of overtime work.] **20. Weekly holidays.— (1) The State Government may by rules made in this behalf—** (a) provide for a day of rest in every period of seven days which shall be allowed to all workers; 1[(b) provide for the conditions subject to which, and the circumstances in which, an adult worker may be required or allowed to work overtime.] (2) Notwithstanding anything contained in clause (a) of sub- section (1) where a worker is willing to work on any day of rest which is not a closed holiday in the plantation, nothing contained in this section shall prevent him from doing so: Provided that in so doing a worker does not work for more than ten days consecutively without a holiday for a whole day intervening. _Explanation 1.—Where on any day a worker has been prevented from working in any plantation_ by reason of tempest, fire, rain or other natural causes, that day, may, if he so desires, be treated as his day of rest for the relevant period of seven days within the meaning of sub-section (1). _Explanation 2.—Nothing contained in this section shall apply to any worker whose total period of_ employment including any day spent on leave is less than six days. **21. Daily intervals for rest.—The period of work on each day shall be so fixed that no period shall** exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest for at least half an hour. **22. Spreadover.—The period of work of an adult worker in a plantation shall be so arranged that** inclusive of his interval for rest under section [2][21] it shall not spreadover more than twelve hours including the time spent in waiting for work on any day. **23. Notice of period of work.—(1) There shall be displayed and correctly maintained in every** plantation a notice of periods of work in such form and manner as may be prescribed showing clearly for every day the periods during which the workers may be required to work. (2) Subject to the other provisions contained in this Act, no worker shall be required or allowed to work in any plantation otherwise than in accordance with the notice of periods of work displayed in the plantation. (3) An employer may refuse to employ a worker for any day if on that day he turns up for work more than half an hour after the time fixed for the commencement of the day's work. **3[24. Prohibition of employment of children.—No child shall be employed to work in any** plantation.] 1. Subs. by Act 58 of 1981, s. 10, for clause (b) (w.e.f. 26-1-1982). 2. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for “19”. 3. Ins. by Act 17 of 2010, s. 7 (we.f. 7-6-2010). 17 ----- **25. Night work for women** **[1]***.—Except with the permission of the State Government, no woman** 2*** worker shall be employed in any plantation otherwise than between the hours of 6 A.M. and 7 P.M.: Provided that nothing in this section shall be deemed to apply to midwives and nurses employed as such in any plantation. **26. Non-adult workers to carry tokens.— No [3]*** adolescent shall be required or allowed to work** in any plantation unless— (a) a certificate of fitness granted with reference to him under section 27 is in the custody of the employer; and (b) such [4]*** adolescent carries with him while he is at work a token giving a references to such certificate. **27. Certificate of fitness.—(1) A certifying surgeon shall, on the application of any young person or** his parent or guardian accompanied by a document signed by the employer or any other person on his behalf that such person will be employed in the plantation if certified to be fit for work, or on the application of the employer or any other person on his behalf with reference to any young person intending to work, examine such person and ascertain his fitness for work [5]*** as an adolescent. (2) A certificate of fitness granted under this section shall be valid for a period of twelve months from the date thereof, but may be renewed. (3) Any fee payable for a certificate under this section shall be paid by the employer and shall not be recoverable from the young person, his parents or guardian. **28. Power to require medical examination.—An inspector may, if he thinks necessary so to do,** cause any young person employed in a plantation to be examined by a certifying surgeon. CHAPTER VI LEAVE WITH WAGES **29. Application of Chapter.— (1) The provisions of this Chapter shall not operate to the prejudice of** any rights to which a worker may be entitled under any other law or under the terms of any award, agreement, or contract of service: Provided that where such award, agreement or contract of service provides for a longer leave with wages than provided in this Chapter the worker shall be entitled only to such longer leave. _Explanation.—For the purpose of this Chapter leave shall not, except as provided in section 30,_ include weekly holidays or holidays for festivals or other similar occasions. **30. Annual leave with wages.—(1) Every worker shall be allowed leave with wages for a number of** days calculated at the rate of— 1. The words “and children” omitted by Act 17 of 2010, s. 8 (we.f. 7-6-2010). 2. The words “or child” omitted by s. 8, ibid. (we.f. 7-6-2010). 3. The words “child and no” omitted by Act 17 of 2010, s. 9 (w.e.f. 7-6-2010). 4. The words “child or” omitted by s. 9, ibid. (w.e.f. 7-6-2010). 5. The words “either as a child or” omitted by s.10, ibid. (w.e.f. 7-6-2010). 18 ----- (a) if an adult, one day for every twenty days of work performed by him, and (b) if a young person, one day for every fifteen days of work performed by him. 1* - - - 2[ 3[Explanation 1].—For the purposes of calculating leave under this sub-section,— (a) any day on which no work or less than half a day's work is performed shall not be counted; and (b) any day on which half or more than half a day's work is performed shall be counted as one day.] 4[Explanation 2.—The leave admissible under this sub-section shall be exclusive of all holidays, whether occurring during, or at either and of the period of leave.] (2) If a worker does not in any one period of twelve months take the whole of the leave allowed to him under sub-section (1), any leave not taken by him shall be added to the leave to be allowed to him under that sub-section in the succeeding period of twelve months. (3) A worker shall cease to earn any leave under this section when the earned leave due to him amounts to thirty days. 2[(4) If the employment of a worker who is entitled to leave under this section is terminated by the employer before he has taken the entire leave to which he is entitled, the employer shall pay him the amount payable under section 31 in respect of the leave not taken, and such payment shall be made before the expiry of the second working day after such termination.] **31. Wages during leave period.— [5][(1) For the leave allowed to a worker under section 30, he shall** be paid,— (a) if employed wholly on a time-rate basis, at a rate equal to the daily wage payable to him immediately before the commencement of such leave under any law or under the terms of any award, agreement or contract of service, and (b) in other cases, including cases where he is, during the preceding twelve calendar months, paid partly on a time-rate basis and partly on a piece-rate basis, at the rate of the average daily wage calculated over the preceding twelve calendar months. _Explanation.—For the purposes of clause (b) of sub-section (1), the average daily wage shall be_ computed on the basis of his total full-time earnings during the preceding twelve calendar months, exclusive of any overtime earnings or bonus, if any, but inclusive of dearness allowance. (1A) In addition to the wages for the leave period at the rates specified in sub-section (1), a worker shall also be paid the cash value of food and other concessions, if any, allowed to him by the employer in addition to his daily wages unless these concessions are continued during the leave period.] 1. The proviso omitted by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982). 2. Ins. by Act 34 of 1960, s. 6 (w.e.f. 21-11-1960). 3. The existing Explanation numbered as Explanation 1 thereof by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982). 4. Ins. by s. 11. ibid. (w.e.f. 26-1-1982). 5. Subs. by Act 34 of 1960, s. 7, for sub-section (1) (w.e.f. 21-11- 1960). 19 ----- (2) A worker who has been allowed leave for [1][any period not less than] four days in the case of an adult and five days in the case of a young person under section 30 shall, before his leave begins, be paid his wages for the period of the leave allowed. **32. Sickness and maternity benefits.—(1) Subject to any rules that may be made in this behalf,** every worker shall be entitled to obtain from his employer— (a) in the case of sickness certified by a qualified medical practitioner, sickness allowance, and (b) if a woman, in the case of confinement or expected confinement, maternity allowance, at such rate, for such period and at such intervals as may be prescribed. (2) The State Government may make rules regulating the payment of sickness or maternity allowance and any such rules may specify the circumstances in which such allowance shall not be payable or shall cease to be payable, and in framing any rules under this section the State Government shall have due regard to the medical facilities that may be provided by the employer in any plantation. 2[CHAPTER VIA ACCIDENTS **32A. Notice of accident.—Where in any plantation, an accident occurs which causes death or which** causes any bodily injury to a worker by reason of which the worker injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such a nature as may be prescribed in this behalf, the employer thereof shall send notice thereof to such authorities, in such form, and within such time, as may be prescribed. **32B. Register of accidents.—The employer shall maintain a register of all accidents which occur in** the plantation in such form and in such manner as may be prescribed.] 3[32C. Compensation.—The employer shall give compensation to a worker in plantation in case of accident and the memorandum relating to such compensation shall be got registered by the employer with the Commissioner in accordance with the provisions of the Workmen’s Compensation Act, 1923 (8 of 1923).] CHAPTER VII PENALTIES AND PROCEDURE **33. Obstruction.—(1) Whoever obstructs an inspector in the discharge of his duties under this Act or** refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination or inquiry authorised by or under this Act in relation to any plantation, shall be punishable 1. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for "any period less than". 2. Ins. by Act 58 of 1981, s. 12 (w.e.f. 26-1-1982). 3. Ins. by Act 17 of 2010, s. 11 (w.e.f. 7-6-2010). 20 ----- with imprisonment for a term which may extend to [1][six months, or with fine which may extend to ten thousand rupees, or with both]. (2) Whoever wilfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which may extend to [2][six months, or with fine which may extend to ten thousand rupees, or with both.] **34. Use of false certificate of fitness.—Whoever knowingly uses or attempts to use as a certificate of** fitness granted to himself under section 27 a certificate granted to another person under that section, or having been granted a certificate of fitness to himself, knowingly allows it to be used, or allows an attempt to use it to be made by another person, shall be punishable with imprisonment which may extend to [3][two months, or with fine which may extend to one thousand rupees, or with both]. **35. Contravention of provisions regarding employment of labour.—Whoever, except as otherwise** permitted by or under this Act, contravenes any provision of this Act or of any rules made thereunder, prohibiting, restricting or regulating the employment of persons in a plantation, shall be punishable with imprisonment for a term which may extend to [1][six months, or with fine which may extend to ten thousand rupees, or with both]. **36. Other offences.—Whoever contravenes any of the provisions of this Act or of any rules made** thereunder for which no other penalty is elsewhere provided by or under this Act shall be punishable with imprisonment for a term which may extend to [1][six months, or with fine which may extend to ten thousand rupees, or with both]. **37. Enhanced penalty after previous conviction.—If any person who has been convicted of any** offence punishable under this Act is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment which may extend to 4[one year, or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both]: Provided that for the purposes of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished. **5[37A. Power of court to make orders.—(1) Where an employer is convicted of an offence** punishable under section 36, the court may, in addition to awarding any punishment, by order in writing, require him within such period as may be specified in the order (which the court may, if it thinks fit and on an application made in this behalf by the employer, from time to time, extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed. (2) Where an order is made under sub-section (1), the employer shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, as the case may be, 1. Subs. by Act 17 of 2010, s. 12, for “three months, or with fine which may extend to five hundred rupees, or with both” (w.e.f. 7-6-2010). 2. Subs. by s. 12, ibid., for “three months, or with fine which may extend to five hundred rupees, or with both” (w.e.f. 7-6-2010). 3. Subs. by s. 13, ibid., for “one month, or with fine which may extend to fifty rupees, or with both” (w.e.f. 7-6-2010). 4. Subs. by s. 14, ibid., for “six months, or with fine which may extend to one thousand rupees, or with both” (w.e.f. 7-6-2010). 5. Ins. by Act 58 of 1981, s. 13 (w.e.f. 26-1-1982). 21 ----- specified by the court, but if, on the expiry of such period or extended period, the order of the court has not been fully complied with, the employer shall be deemed to have committed a further offence and he shall, on conviction, be punishable with imprisonment for a term which may extend to six months and with fine which may extend to three hundred rupees for every day after such expiry.] **38. Exemption of employer from liability in certain cases.—Where an employer charged with an** offence under this Act alleges that another person is the actual offender, he shall be entitled upon complaint made by him in this behalf to have, on giving to the prosecutor in this behalf three clear days, notice in writing of his intention so to do, that other person brought before the Court on the day appointed for the hearing of the case and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the Court that— (a) he has used due diligence to enforce the execution of the relevant provisions of this Act; and (b) that the other person committed the offence in question without his knowledge, consent or connivance; the said other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be acquitted: Provided that— (a) the employer may be examined on oath and his evidence and that of any witness whom he calls in his support shall be subject to cross-examination on behalf of the person he charges to be the actual offender and by the prosecutor, and (b) if, in spite of due diligence, the person alleged as the actual offender cannot be brought before the Court on the day appointed for the hearing of the case, the Court shall adjourn the hearing thereof from time to time so, however, that the total period of such adjournment does not exceed three months, and if, by the end of the said period, the person alleged as the actual offender cannot still be brought before the Court, the Court shall proceed to hear the case against the employer. 1[39. Cognizance of offences.— No Court shall take cognizance of any offence under this Act except on a complaint made by any worker or an office bearer of a trade union of which such worker is a member or an inspector and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. **39A. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against any person for anything which is in good faith done or intended to be done under this Act.] **40. Limitation of prosecutions.— No Court shall take cognizance of an offence punishable under** this Act unless the complaint thereof has been made or is made within three months from the date on which the alleged commission of the offence came to the knowledge of an inspector: Provided that where the offence consists of disobeying a written order made by an inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed. 1. Subs. by Act 17 of 2010, s. 12, for section 39 (w.e.f. 7-6-2010). 22 ----- CHAPTER VIII MISCELLANEOUS **41. Power to give directions.—The Central Government may give directions to the Government of** any State as to the carrying into execution in the State of the provisions contained in this Act. **42. Power to exempt.—The State Government may, by order in writing, exempt, subject to such** conditions and restrictions as it may think fit to impose, any employer or class of employers from all or any of the provisions of this Act: Provided that no such exemption [1][other than an exemption from section 19] shall be granted except with the previous approval of the Central Government. **43. General power to make rules.—(1) The State Government may, subject to the condition of** previous publication, make rules to carry out the purposes of this Act: Provided that the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall not be less than six weeks from the date on which the draft of the proposed rules was published. (2) In particular, and without prejudice to the generality of the foregoing power, any such rules may provide for— (a) the qualifications required in respect of the chief inspector and inspector; (b) the powers which may be exercised by inspectors and the areas in which and the manner in which such powers may be exercised; (c) the medical supervision which may be exercised by certifying surgeons; (d) the examination by inspectors or other persons of the supply and distribution of drinking water in plantations; (e) appeals from any order of the chief inspector or inspector and the form in which, the time within which and the authorities to which, such appeals may be preferred; (f) the time within which housing, recreational, educational or other facilities required by this Act to be provided and maintained may be so provided; (g) the types of latrines and urinals that should be maintained in plantations; (h) the medical, recreational and educational facilities that should be provided in plantations; (i) the form and manner in which notices of periods of work shall be displayed and maintained; (j) the registers which should be maintained by employers and the returns, whether occasional or periodical, as in the opinion of the State Government may be required for the purposes of this Act; 2*** 1. Ins. by Act 34 of 1960, s. 8 (w.e.f. 21-11-1960). 2. The word "and" omitted by Act 58 of 1981, s. 14 (w.e.f. 26-1- 1982). 23 ----- (k) the hours of work for a normal working day for the purpose of wages and overtime; 1[(l) any other matter which is required to be, or may be, prescribed.] 2[(3) Every rule made by the State Government under this Act shall, as soon as may be after it is made, be laid before the State Legislature.] 3* - - - 1. Added by Act 58 of 1981, s. 14 (w.e.f. 26-1-1982). 2. Subs. by Act 17 of 2010, s. 16, for sub-section (3) (w.e.f. 7-6-2010). 3. Sub-section (4) omitted by Act 4 of 2018, s. 3 and the Second Schedule (w.e.f. 5-1-2018). 24 -----

4-Mar-1952

19

The Employees Provident Funds and Miscellaneous Provisions Act, 1952

https://www.indiacode.nic.in/bitstream/123456789/2152/1/AAA1952___19.pdf

central

# THE EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952 ____________ # ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and application. 2. Definitions. 2A. Establishment to include all departments and branches. 3. Power to apply Act to an establishment which has a common provident fund with another establishment. 4. Power to add to Schedule I. 5. Employees’ Provident Fund Schemes. 5A. Central Board. 5AA. Executive Committee. 5B. State Board. 5C. Board of Trustees to be body corporate. 5D. Appointment of officers. 5DD. Acts and proceedings of the Central Board or its Executive Committee or the State Board not to be invalidated on certain grounds. 5E. Delegation. 6. Contributions and matters which may be provided for in Schemes. 6A. Employees’ Pension Scheme. 6C. Employees’ Deposit-linked Insurance Scheme. 6D. Laying of schemes before Parliament. 7. Modification of Scheme. 7A. Determination of moneys due from employers. 7B. Review of orders passed under section 7A. 7C. Determination of escaped amount. 7D. Tribunal. 7E. [Omitted.]. 7F. [Omitted.]. 7G. [Omitted.]. 7H. [Omitted.]. 7-I. Appeals to Tribunal. 7J. Procedure of Tribunals. 7K. Right of appellant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers. 7L. Orders of Tribunal. 7M. [Omitted.]. 1 ----- SECTIONS 7N. [Omitted.]. 7-O. Deposit of amount due, on filing appeal. 7P. Transfer of certain applications to Tribunals. 7Q. Interest payable by the employer. 8. Mode of recovery of moneys due from employers. 8A. Recovery of moneys by employers and contractors. 8B. Issue of certificate to the Recovery Officer. 8C. Recovery Officer to whom certificate is to be forwarded. 8D. Validity of certificate and amendment thereof. 8E. Stay of proceedings under certificate and amendment or withdrawal thereof. 8F. Other modes of recovery. 8G. Application of certain provisions of Income-tax Act. 9. Fund to be recognised under Act 11 of 1922. 10. Protection against attachment. 11. Priority of payment of contributions over other debts. 12. Employer not to reduce wages, etc. 13. Inspectors. 14. Penalties. 14A. Offences by companies. 14AA. Enhanced punishment in certain cases after previous conviction. 14AB. Certain offences to be cognizable. 14AC. Cognizance and trial of offences. 14B. Power to recover damages. 14C. Power of court to make orders. 15. Special provisions relating to existing provident funds. 16. Act not to apply to certain establishments. 16A. Authorising certain employers to maintain provident fund accounts. 17. Power to exempt. 17A. Transfer of accounts. 17AA. Act to have effect notwithstanding anything contained in Act 31 of 1956. 17B. Liability in case of transfer of establishment. 18. Protection of action taken in good faith. 18A. Authorities and inspector to be public servant. 19. Delegation of powers. 20. Power of Central Government to give directions. 21. Power to make rules. 22. Power to remove difficulties. SCHEDULE I. SCHEDULE II. SCHEDULE III. SCHEDULE IV. 2 ----- # THE EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952 ACT NO. 19 OF 1952[1] [4th March, 1952.] # An Act to provide for the institution of provident funds [2][,[3][pension fund] and deposit-linked insurance fund] for employees in factories and other establishments. BE it enacted by Parliament as follows:— **1. Short title, extent and application.—[4][(1) This Act may be called the Employees’ Provident** Funds and Miscellaneous Provisions Act, 1952.] (2) It extends to the whole of India [5]***. 6[(3) Subject to the provisions contained in section 16, it applies— (a) to every establishment which is a factory engaged in any industry specified in Schedule I and in which [7][twenty] or more persons are employed, and (b) to any other establishment employing [6][twenty] or more persons or class of such establishments which the Central Government may, by notification in the Official Gazette, specify in this behalf: Provided that the Central Government may, after giving not less than two months’ notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment employing such number of persons less than [6][twenty] as may be specified in the notification.] 8[(4) Notwithstanding anything contained in sub-section (3) of this section or sub-section (1) of section 16, where it appears to the Central Provident Fund Commissioner, whether on an application made to him in this behalf or otherwise, that the employer and the majority of employees in relation to any establishment have agreed that the provisions of this Act should be made applicable to the establishment, he may, by notification in the Official Gazette, apply the provisions of this Act to that establishment on and from the date of such agreement or from any subsequent date specified in such agreement.] 9[(5) An establishment to which this Act applies shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below twenty.] 10* - - - **2. Definitions.—In this Act, unless the context otherwise requires,—** 11[(a) “appropriate Government” means— 1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule: Pondicherry by Reg. 7 of 1963, s. 3 and the First Schedule and Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule (1-7-1964). 2. Subs. by Act 99 of 1976, s. 16, for “and family pension fund” (w.e.f. 1-8-1976). 3. Subs. by Act 25 of 1996, s. 2, for “family pension fund” (w.e.f. 16-11-1995). 4. Subs. by Act 99 of 1976, s. 17, for sub-section (1) (w.e.f. 1-8-1976). 5. The Words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10 2019) and extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by notification No. S.O. 3962(E), Part II-section 3-Sub-section (ii) dated 31-10-20 (w.e.f. 1-1-2020). 6. Subs. by Act 94 of 1956, s. 2, for sub-section (3). 7. Subs. by Act 46 of 1960, s. 2, for “fifty” (w.e.f. 31-12-1960). 8. Subs. by Act 33 of 1988, s. 2, for sub-section (4) (w.e.f. 1-8-1988). 9. Ins. by Act 46 of 1960, s. 2 (w.e.f. 31-12-1960). 10. The proviso omitted by Act 16 of 1971, s. 13 (w.e.f. 23-4-1971). 11. Subs. by Act 22 of 1958, s. 2, for clause (a). 3 ----- (i) in relation to an establishment belonging to, or under the control of, the Central Government or in relation to an establishment connected with a railway company, a major port, a mine or an oilfield or a controlled industry, [1][or in relation to an establishment having departments or branches in more than one State,] the Central Government; and (ii) in relation to any other establishment, the State Government;] 2[(aa) “authorised officer” means the Central Provident Fund Commissioner, Additional Central Provident Fund Commissioner, Deputy Provident Fund Commissioner, Regional Provident Fund Commissioner or such other officer as may be authorised by the Central Government, by notification in the Official Gazette;] (b) “basic wages” means all emoluments which are earned by an employee while on duty or [3][ on leave or on holidays with wages in either case] in accordance with the terms of the contract of employment and which are paid or payable in cash to him, but does not include— (i) the cash value of any food concession; (ii) any dearness allowance (that is to say, all cash payments by whatever name called paid to an employee on account of a rise in the cost of living), house-rent allowance, overtime allowance, bonus commission or any other similar allowance payable to the employee in respect of his employment or of work done in such employment; (iii) any presents made by the employer; (c) “contribution” means a contribution payable in respect of a member under a Scheme [4][or the contribution payable in respect of an employee to whom the Insurance Scheme applies]; (d) “controlled industry” means any industry the control of which by the Union has been declared by a Central Act to be expedient in the public interest; 5[(e) “employer” means— (i) in relation to an establishment which is a factory, the owner or occupier of the factory, including the agent of such owner or occupier, the legal representative of a deceased owner or occupier and, where a person has been named as a manager of the factory under clause (f) of sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948), the person so named; and (ii) in relation to any other establishment, the person who, or the authority which, has the ultimate control over the affairs of the establishment, and where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent;] (f) “employee” means any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of [6][an establishment], and who gets his wages directly or indirectly from the employer, [7][and includes any person— (i) employed by or through a contractor in or in connection with the work of the establishment; 1. Ins. by Act 22 of 1965, s. 2 (w.e.f. 24-11-1964). 2. Ins. by Act 33 of 1988, s. 3 (w.e.f. 1-8-1988). 3. Subs. by s. 3, ibid., for “on leave with wages” (w.e.f. 1-8-1988). 4. Ins. by Act 99 of 1976, s. 18 (w.e.f. 1-8-1976). 5. Subs. by Act 94 of 1956, s. 4, for clause (e). 6. Subs. by ibid., s. 3, for “a factory”. 7. Subs. by Act 33 of 1988, s. 3, for “and includes any person employed by or through a contractor in or in connection with the work of the establishment” (w.e.f. 1-8-1988). 4 ----- (ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), or under the standing orders of the establishment;] 1[(ff) “exempted employee” means an employee to whom a Scheme 2[or the Insurance Scheme, as the case may be,] would, but for the exemption granted under[3]*** section 17, have applied; (fff) “exempted [4][establishment]” means [5][an establishment] in respect of which an exemption has been granted under section 17 from the operation of all or any of the provisions of any Scheme [2][or the Insurance Scheme, as the case may be], whether such exemption has been granted to the 4[establishment] as such or to any person or class of persons employed therein;] (g) “factory” means any premises, including the precincts thereof, in any part of which a manufacturing process is being carried on or is ordinarily so carried on, whether with the aid of power or without the aid of power; 6* - - - (h) “Fund” means the provident fund established under a Scheme; (i) “industry” means any industry specified in Schedule I, and includes any other industry added to the Schedule by notification under section 4; 2[(ia) “Insurance Fund” means the Deposit-linked Insurance Fund established under sub-section (2) of section 6C; (ib) “Insurance Scheme” means the Employees” Deposit-linked Insurance Scheme framed under sub-section (1) of section 6C;] 7[8[(ic)] “manufacture” or “manufacturing process” means any process for making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal;] (j) “member” means a member of the Fund; (k) “occupier of a factory” means the person who has ultimate control over the affairs of the factory, and, where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory; 9[(kA) “Pension Fund” means the Employees’ Pension Fund established under sub-section (2) of section 6A; (kB) “Pension Scheme” means the Employees’ Pension Scheme framed under sub-section (1) of section 6A;] 10[(ka) “prescribed” means prescribed by rules made under this Act; 1. Ins. by Act 37 of 1953, s. 3. 2. Ins. by Act 99 of 1976, s. 18 (w.e.f. 1-8-1976). 3. The words, brackets and figure “sub-section (1) of” omitted by Act 28 of 1963, s. 2 (w.e.f. 30-11-1963). 4. Subs. by Act 94 of 1956, s. 3, for “factory”. 5. Subs. by s. 3, ibid., for “a factory”. 6. Omitted by Act 25 of 1996, s. 3 (w.e.f. 16-11-1995). 7. Subs. by Act 28 of 1963, s. 2, for clause (ia) (w.e.f. 30-11-1963). 8. Clause (ia) re-lettered as clause (ic) by Act 99 of 1976, s. 18 (w.e.f. 1-8-1976). 9. Ins. by Act 25 of 1996, s. 3 (w.e.f. 16-11-1995). 10. Ins. by Act 33 of 1988, s. 3 (w.e.f. 1-8-1988). 5 ----- (kb) “Recovery Officer” means any officer of the Central Government, State Government or the Board of Trustees constituted under section 5A, who may be authorised by the Central Government, by notification in the Official Gazette, to exercise the powers of a Recovery Officer under this Act;] 1[(l) “Scheme” means the Employees’ Provident Fund Scheme framed under section 5.] 2[(ll) “Superannuation”, in relation to an employee, who is the member of the Pension Scheme means the attainment, by the said employee, of the age of fifty-eight years;] 3[(m) “Tribunal” means the Industrial Tribunal referred to in section 7 D]. **4[2A. Establishment to include all departments and branches.—For the removal of doubts, it is** hereby declared that where an establishment consists of different departments or has branches, whether situate in the same place or in different places, all such departments or branches shall be treated as parts of the same establishment.] 5[3. Power to apply Act to an establishment which has a common provident fund with another **establishment.—Where immediately before this Act becomes applicable to an establishment there is in** existence a provident fund which is common to the employees employed in that establishment and employees in any other establishment, the Central Government may, by notification in Official Gazette, direct that the provisions of this Act shall also apply to such other establishment.] **4. Power to add to Schedule I.—(1) The Central Government may, by notification in the Official** Gazette, add to Schedule I any other industry in respect of the employees whereof it is of opinion that a provident fund scheme should be framed under this Act, and thereupon the industry so added shall be deemed to be an industry specified in Schedule I for the purposes of this Act. (2) All notifications under sub-section (1) shall be laid before Parliament, as soon as may be, after they are issued. **5. Employees’ Provident Fund Schemes.—[6][(1)] The Central Government may, by notification in** the Official Gazette, frame a Scheme to be called the Employees’ Provident Fund Scheme for the establishment of provident funds under this Act for employees or for any class of employees and specify the [7][establishments] or class of [7][establishments] to which the said Scheme shall apply [8][and there shall be established, as soon as may be after the framing of the Scheme, a Fund in accordance with the provisions of this Act and the Scheme]. 9[(1A) The Fund shall vest in, and be administered by, the Central Board constituted under section 5A. (1B) Subject to the provisions of this Act, a Scheme framed under sub-section (1) may provide for all or any of the matters specified in Schedule II.] 10[(2) A Scheme framed under sub-section (1) may provide that any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in this behalf in the Scheme.] 1. Subs. by Act 16 of 1971, s. 14, for clause (l) (w.e.f. 23-4-1971). 2. Ins. by Act 25 of 1996, s. 3 (w.e.f. 16-11-1995). 3. Ins. by Act 7 of 2017, s. 159 (w.e.f. 26-5-2017). 4. Ins. by Act 46 of 1960, s. 3 (w.e.f. 31-12-1960). 5. Subs. by Act 94 of 1956, s. 5, for section 3. 6. Section 5 re-numbered as sub-section (1) thereof by Act 37 of 1953, s. 4. 7. Subs. by Act 94 of 1956, s. 3, for “factories”. 8. Added by Act 37 of 1953, s. 4. 9. Ins. by Act 28 of 1963, s. 3 (w.e.f. 30-11-1963). 10. Ins. by Act 37 of 1953, s. 4. 6 ----- 1[5A. Central Board.—(1) The Central Government may, by notification in the Official Gazette, constitute, with effect from such date as may be specified therein, a Board of Trustees for the territories to which this Act extends (hereinafter in this Act referred to as the Central Board) consisting of the following [2][persons as members] namely:— (a) [3][a Chairman and a Vice-Chairman] to be appointed by the Central Government; 4[(aa) the Central Provident Fund Commissioner, ex officio;] (b) not more than five persons appointed by the Central Government from amongst its officials; (c) not more than fifteen persons representing Governments of such States as the Central Government may specify in this behalf, appointed by the Central Government; (d) [5][ten persons] representing employers of the establishments to which the Scheme applies, appointed by the Central Government after consultation with such organisations of employers as may be recognised by the Central Government in this behalf; and (e) [5][ten persons] representing employees in the establishments to which the Scheme applies, appointed by the Central Government after consultation with such organisations of employees as may be recognised by the Central Government in this behalf. (2) The terms and conditions subject to which a member of the Central Board may be appointed and the time, place and procedure of the meetings of the Central Board shall be such as may be provided for in the Scheme. (3) The Central Board shall [6][, subject to the provisions of section 6A [7][and section 6C]] administer the Fund vested in it in such manner as may be specified in the Scheme. (4) The Central Board shall perform such other functions as it may be required to perform by or under any provisions of the Scheme [8][, the [9][Pension] Scheme and the Insurance Scheme]. 10[(5) The Central Board shall maintain proper accounts of its income and expenditure in such form and in such manner as the Central Government may, after consultation with the Comptroller and AuditorGeneral of India, specify in the Scheme. (6) The accounts of the Central Board shall be audited annually by the Comptroller and Auditor General of India and any expenditure incurred by him in connection with such audit shall be payable by the Central Board to the Comptroller and Auditor-General of India. (7) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Central Board shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General has, in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers, documents and papers and inspect any of the offices of the Central Board. (8) The accounts of the Central Board as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded 1. Ins. by Act 28 of 1963, s. 4. 2. Subs. by Act 33 of 1988, s. 4, for “persons” (w.e.f. 1-8-1988). 3. Subs. by s. 4, ibid., for “a chairman” (w.e.f. 1-8-1988). 4. Ins. by s. 4, ibid. (w.e.f. 1-8-1988). 5. Subs. by s. 4, ibid., for “six persons” (w.e.f. 1-8-1988). 6. Ins. by Act 16 of 1971, s. 15 (w.e.f. 23-4-1971). 7. Ins. by Act 99 of 1976, s. 19 (w.e.f. 1-8-1976). 8. Subs. by s. 19, ibid., for “and the Family Pension Scheme” (w.e.f. 1-8-1976). 9. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995). 10. Ins. by Act 33 of 1988, s. 4 (w.e.f. 1-8-1988). 7 ----- to the Central Board which shall forward the same to the Central Government along with its comments on the report of the Comptroller and Auditor-General. (9) It shall be the duty of the Central Board to submit also to the Central Government an annual report of its work and activities and the Central Government shall cause a copy of the annual report, the audited accounts together with the report of the Comptroller and Auditor-General of India and the comments of the Central Board thereon to be laid before each House of Parliament.] 1[5AA. Executive Committee.—(1) The Central Government may, by notification in the Official Gazette, constitute, with effect from such date as may be specified therein, an Executive Committee to assist the Central Board in the performance of its functions. (2) The Executive Committee shall consist of the following persons as members, namely:— (a) a Chairman appointed by the Central Government from amongst the members of the Central Board; (b) two persons appointed by the Central Government from amongst the persons referred to in clause (b) of sub-section (1) of section 5A; (c) three persons appointed by the Central Government from amongst the persons referred to in clause (c) of sub-section (1) of section 5A; (d) three persons representing the employers elected by the Central Board from amongst the persons referred to in clause (d) of sub-section (1) of section 5A; (e) three persons representing the employees elected by the Central Board from amongst the persons referred to in clause (e) of sub-section (1) of section 5A; (f) the Central Provident Fund Commissioner, ex officio. (3) The terms and conditions subject to which a member of the Central Board may be appointed or elected to the Executive Committee and the time, place and procedure of the meetings of the Executive Committee shall be such as may be provided for in the Scheme]. **5B. State Board.—(1) The Central Government may, after consultation with the Government of any** State, by notification in the Official Gazette, constitute for that State a Board of Trustees (hereinafter in this Act referred to as the State Board) in such manner as may be provided for in the Scheme. (2) A State Board shall exercise such powers and perform such duties as the Central Government may assign to it from time to time. (3) The terms and conditions subject to which a member of a State Board may be appointed and the time, place and procedure of the meetings of a State Board shall be such as may be provided for in the Scheme. **5C. Board of Trustees to body corporate.—Every Board of Trustees constituted under section 5A** or section 5B shall be a body corporate under the name specified in the notification constituting it, having perpetual succession and a common seal and shall by the said name sue and be sued. **5D. Appointment of officers.—(1) The Central Government shall appoint a Central Provident Fund** Commissioner who shall be the chief executive officer of the Central Board and shall be subject to the general control and superintendence of that Board. (2) The Central Government may also appoint [2][a Financial Adviser and Chief Accounts Officers] to assist the Central Provident Fund Commissioner in the discharge of his duties. 1. Ins. by Act 33 of 1988, s. 5 (w.e.f. 1-8-1988). 2. Subs. by Act 33 of 1988, s. 6, for certain words (w.e.f. 1-8-1988). 8 ----- (3) The Central Board may appoint [1][, subject to the maximum scale of pay, as may be specified in the Scheme, as many Additional Central Provident Fund Commissioners, Deputy Provident Fund Commissioners, Regional Provident Fund Commissioners, Assistant Provident Fund Commissioners and] such other officers and employees as it may consider necessary for the efficient administration of the Scheme [2][, the [3][Pension] Scheme and the Insurance Scheme]. (4) No appointment to [4][the post of the Central Provident Fund Commissioner or an Additional Central Provident Fund Commissioner or a Financial Adviser and Chief Accounts Officer or any other post under the Central Board carrying a scale of pay equivalent to the scale of pay of any Group ‘A’ or Group ‘B’ post under the Central Government] shall be made except after consultation with the Union Public Service Commission: Provided that no such consultation shall be necessary in regard to any such appointment— (a) for a period not exceeding one year; or (b) if the person to be appointed is at the time of his appointment— (i) a member of the Indian Administrative Service, or (ii) in the service of the Central Government or a State Government or the Central Board in a 5[Group ‘A’ or Group ‘B’ post]. (5) A State Board may, with the approval of the State Government concerned, appoint such staff as it may consider necessary. (6) The method of recruitment, salary and allowances, discipline and other conditions of service of the Central Provident Fund Commissioner, [6][and the Financial Adviser and Chief Accounts Officer] shall be such as may be specified by the Central Government and such salary and allowances shall be paid out of the Fund. 7[(7) (a) The method of recruitment, salary and allowances, discipline and other conditions of service of the Additional Central Provident Fund Commissioner, Deputy Provident Fund Commissioner, Regional Provident Fund Commissioner, Assistant Provident Fund Commissioner and other officers and employees of the Central Board shall be such as may be specified by the Central Board in accordance with the rules and orders applicable to the officers and employees of the Central Government drawing corresponding scales of pay: Provided that where the Central Board is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the Central Government. (b) In determining the corresponding scales of pay of officers and employees under clause (a), the Central Board shall have regard to the educational qualifications, method of recruitment, duties and responsibilities of such officers and employees under the Central Government and in case of any doubt, the Central Board shall refer the matter to the Central Government whose decision thereon shall be final.] 1. Ins. by Act 33 of 1988, s. 6. (w.e.f. 1-8-1988). 2. Subs. by Act 99 of 1976, s. 20, for “and the Family Pension Scheme” (w.e.f. 1-8-1976). 3. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995). 4. Subs. by Act 33 of 1988, s. 6, for certain words (w.e.f. 1-8-1988). 5. Subs. by s. 6, ibid., for “Class I or Class II post” (w.e.f. 1-8-1988). 6. Subs. by s. 6, _ibid., for “,Deputy Provident Fund Commissioner and Regional Provident Fund Commissioner”_ (w.e.f. 1-8-1988). 7. Subs. by s. 6, ibid., for sub-section (7) (w.e.f. 1-8-1988). 9 ----- (8) The method of recruitment, salary and allowances, discipline and other conditions of service of officers and employees of a State Board shall be such as may be specified by that Board, with the approval of the State Government concerned. 1[5DD. Acts and proceedings of the Central Board or its Executive Committee or the State **Board not to be in validated on certain grounds.—No act done or proceeding taken by the Central** Board or the Executive Committee constituted under section 5AA or the State Board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Central Board or the Executive Committee or the State Board, as the case may be.] **5E. Delegation.—[2][The Central Board may delegate to the Executive Committee or to the Chairman** of the Board or to any of its officers and a State Board may delegate to its Chairman or to any of its officers] subject to such conditions and limitations, if any, as it may specify, such of its powers and functions under this Act as it may deem necessary for the efficient administration of the Scheme [3][, the 4[Pension] Scheme and the Insurance Scheme].] **6. Contributions and matters which may be provided for in Schemes.—[5]*** The contribution** which shall be paid by the employer to the Fund shall be [6][ten per cent.] of the basic wages, [7][dearness allowance and retaining allowance (if any)] for the time being payable to each of the employees 8[(whether employed by him directly or by or through a contractor)], and the employees’ contribution shall be equal to the contribution payable by the employer in respect of him and may, [9][if any employee so desires, be an amount exceeding [6][ten per cent.]of his basic wages, dearness allowance and retaining allowance (if any), subject to the condition that the employer shall not be under an obligation to pay any contribution over and above his contribution payable under this section]: 9[Provided that in its application to any establishment or class of establishments which the Central Government, after making such inquiry as it deems fit, may, by notification in the Official Gazette specify, this section shall be subject to the modification that for the words [6][ten per cent.], at both the places where they occur, the words [10][twelve per cent.]shall be substituted:] Provided further that where the amount of any contribution payable under this Act involves a fraction of a rupee, the Scheme may provide for the rounding off of such fraction to the nearest rupee, half of a rupee or quarter of a rupee. 11[Explanation 1].—For the purposes of this 12[section], dearness allowance shall be deemed to include also the cash value of any food concession allowed to the employee. 13[Explanation 2.—For the purposes of this 12[section], “retaining allowance” means an allowance payable for the time being to an employee of any factory or other establishment during any period in which the establishment is not working, for retaining his services.] 14* - - - 1. Ins. by Act 33 of 1988, s. 7. (w.e.f. 1-8-1988). 2. Subs. by s. 8, ibid., for certain words (w.e.f. 1-8-1988). 3. Subs. by Act 99 of 1976, s. 20, for “and the Family Pension Scheme” (w.e.f. 1-8-1976). 4. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995). 5. The brackets and figure “(1)” omitted by Act 28 of 1963, s. 5 (w.e.f. 30-11-1963). 6. Subs. by Act 10 of 1998, s. 2, for “eight and one-third per cent.” (w.e.f. 22-9-1997). 7. Subs. by Act 46 of 1960, s. 4, for “and the dearness allowance” (w.e.f. 31-12-1960). 8. Ins. by Act 28 of 1963, s. 5 (w.e.f. 30-11-1963). 9. Subs. by Act 33 of 1988, s. 9, for certain words (w.e.f. 1-8-1988). 10. Subs. by Act 10 of 1998, s. 2, for “ten per cent.” (w.e.f. 22-9-1997). 11. The Explanation re-numbered as Explanation1 by Act 46 of 1960, s. 4 (w.e.f. 31-12-1960). 12. Subs. by Act 28 of 1963, s. 5, for “sub-section” (w.e.f. 30-11-1963). 13. The Explanation ins. by Act 46 of 1960, s. 4 (w.e.f. 31-12-1960). 14. Omitted by Act 28 of 1963, s. 5 (w.e.f. 30-11-1963). 10 ----- 1[6A. Employees’ Pension Scheme.—(1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Employees’ Pension Scheme for the purpose of providing for— (a) superannuation pension, retiring pension or permanent total disablement pension to the employees of any establishment or class of establishments to which this Act applies; and (b) widow or widower’s pension, children pension or orphan pension payable to the beneficiaries of such employees. (2) Notwithstanding anything contained in section 6, there shall be established, as soon as may be after framing of the Pension Scheme, a Pension Fund into which there shall be paid, from time to time, in respect of every employee who is a member of the Pension Scheme,— (a) such sums from the employer’s contribution under section 6, not exceeding eight and one-third per cent. of the basic wages, dearness allowance and retaining allowance, if any, of the concerned employees, as may be specified in the Pension Scheme; (b) such sums as are payable by the employers of exempted establishments under sub-section (6) of section 17; (c) the net assets of the Employees' Family Pension Fund as on the date of the establishment of the Pension Fund; (d) such sums as the Central Government may, after due appropriation by Parliament by law in this behalf, specify. (3) On the establishment of the Pension Fund, the Family Pension Scheme (hereinafter referred to as the ceased scheme) shall cease to operate and all assets of the ceased scheme shall vest in and shall stand transferred to, and all liabilities under the ceased scheme shall be enforceable against, the Pension Fund and the beneficiaries under the ceased scheme shall be entitled to draw the benefits, not less than the benefits they were entitled to under the ceased scheme, from the Pension Fund. (4) The Pension Fund shall vest in and be administered by the Central Board in such manner as may be specified in the Pension Scheme. (5) Subject to the provisions of this Act, the Pension Scheme may provide for all or any of the matters specified in Schedule III. (6) The Pension Scheme may provide that all or any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in that behalf in that Scheme. (7) A Pension Scheme, framed under sub-section (1), shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the scheme or both Houses agree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Scheme.] 2[6C. Employees’ Deposit linked Insurance Scheme.—(1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Employees’ Deposit-linked Insurance Scheme for the purpose of providing life insurance benefits to the employees of any establishment or class of establishments to which this Act applies. 1. Subs. by Act 25 of 1996, s. 5, for sections 6A and 6B (w.e.f. 16-11-1995). 2. Ins. by Act 99 of 1976, s. 21 (w.e.f. 1-8-1976). 11 ----- (2) There shall be established, as soon as may be after the framing of the Insurance Scheme, a Deposit-linked Insurance Fund into which shall be paid by the employer from time to time in respect of every such employee in relation to whom he is the employer, such amount, not being more than one per cent. of the aggregate of the basic wages, dearness allowance and retaining allowance (if any) for the time being payable in relation to such employee as the Central Government may, by notification in the Official Gazette, specify. _Explanation.—For the purposes of this sub-section, the expressions “dearness allowance” and_ “relating allowance” have the same meanings as in section 6. 1* - - - (4) (a) The employer shall pay into the Insurance Fund such further sums of money, not exceeding one-fourth of the contribution which he is required to make under sub-section (2), as the Central Government may, from time to time, determine to meet all the expenses in connection with the administration of the Insurance Scheme other than the expenses towards the cost of any benefits provided by or under that scheme. 1* - - - (5) The Insurance Fund shall vest in the Central Board and be administered by it in such manner as may be specified in the Insurance Scheme. (6) The Insurance Scheme may provide for all or any of the matters specified in Schedule IV. (7) The Insurance Scheme may provide that any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in this behalf in that Scheme.] 2[6D. Laying of schemes before Parliament.—Every scheme framed under section 5, section 6A and section 6C shall be laid, as soon as may be after it is framed, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the scheme, or both Houses agree that the scheme should not be framed, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme.] **7. Modification of scheme.—(1) The Central Government may, by notification in the Official** Gazette, add to [3][amend or vary, either prospectively or retrospectively, the Scheme, the [4][Family Pension] Scheme or the Insurance Scheme, as the case may be]. 5[(2) Every notification issued under sub-section (1) shall be laid, as soon as may be after it is issued, before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification, or both Houses agree that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.] 1. Omitted by Act 25 of 1996, s. 6 (w.e.f. 16-11-1995). 2. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f. 15-5-1986). 3. Subs. by Act 99 of 1976, s. 22, for “amend or vary the Scheme or the Family Pension Scheme, as the case may be” (w.e.f. 1-8-1976). 4. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995). 5. Subs. by Act 4 of 1986, s. 2 and Schedule, for sub-section (2) (w.e.f. 15-5-1986). 12 ----- 1[7A. Determination of moneys due from employers.—2[(1) The Central Provident Fund Commissioner, any Additional Central Provident Fund Commissioner, any Deputy Provident Fund Commissioner, any Regional Provident Fund Commissioner, or any Assistant Provident Fund Commissioner may, by order,— (a) in a case where a dispute arises regarding the applicability of this Act to an establishment, decide such dispute; and (b) determine the amount due from any employer under any provision of this Act, the Scheme or the [3][Pension] Scheme or the Insurance Scheme, as the case may be, and for any of the aforesaid purposes may conduct such inquiry as he may deem necessary]; (2) The officer conducting the inquiry under sub-section (1) shall, for the purposes of such inquiry, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), for trying a suit in respect of the following matters, namely:— (a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses; and any such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code (45 of 1860). (3) No order [4]*** shall be made under sub-section (1), unless [5][the employer concerned] is given a reasonable opportunity of representing his case. 6[(3A) Where the employer, employee or any other person required to attend the inquiry under sub-section (1) fails to attend such inquiry without assigning any valid reason or fails to produce any document or to file any report or return when called upon to do so, the officer conducting the inquiry may decide the applicability of the Act or determine the amount due from any employer, as the case may be, on the basis of the evidence adduced during such inquiry and other documents available on record.] 7[(4) Where an order under sub-section (1) is passed against an employer _ex parte, he may, within_ three months from the date of communication of such order, apply to the officer for setting aside such order and if he satisfies the officer that the show cause notice was not duly served or that he was prevented by any sufficient cause from appearing when the inquiry was held, the officer shall make an order setting aside his earlier order and shall appoint a date for proceeding with the inquiry: Provided that no such order shall be set aside merely on the ground that there has been an irregularity in the service of the show cause notice if the officer is satisfied that the employer had notice of the date of hearing and had sufficient time to appear before the officer. _Explanation.—Where an appeal has been preferred under this Act against an order passed_ _ex parte_ and such appeal has been disposed of otherwise than on the ground that the appellant has withdrawn the appeal, no application shall lie under this sub-section for setting aside the ex parte order. 1. Ins. by Act 28 of 1963, s. 6 (w.e.f. 30-11-1963). 2. Subs. by Act 33 of 1988, s. 10, for sub-section (1) (w.e.f. 1-8-1988). 3. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995). 4. The words “determining the amount due from employer” omitted by Act 33 of 1988, s. 10. (w.e.f. 1-8-1988). 5. Subs. by s. 10, ibid., for “the employer” (w.e.f. 1-8-1988). 6. Ins. by s. 10, ibid. (w.e.f. 1-8-1988). 7. Subs. by s. 10, ibid., for sub-section (4) (w.e.f. 1-8-1988). 13 ----- (5) No order passed under this section shall be set aside on any application under sub-section (4) unless notice thereof has been served on the opposite party.] 1[7B. Review of orders passed under section 7A.—(1) Any person aggrieved by an order made under sub-section (1) of section 7A, but from which no appeal has been preferred under this Act, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the order was made, or on account of some mistake or error apparent on the face of the record or for any other sufficient reason, desires to obtain a review of such order may apply for a review of that order to the officer who passed the order: Provided that such officer may also on his own motion review his order if he is satisfied that it is necessary so to do on any such ground. (2) Every application for review under sub-section (1) shall be filed in such form and manner and within such time as may be specified in the Scheme. (3) Where it appears to the officer receiving an application for review that there is no sufficient ground for a review, he shall reject the application. (4) Where the officer is of opinion that the application for review should be granted, he shall grant the same: Provided that,— (a) no such application shall be granted without previous notice to all the parties before him to enable them to appear and be heard in support of the order in respect of which a review is applied for, and (b) no such application shall be granted on the ground of discovery of new matter or evidence which the applicant alleges was not within his knowledge or could not be produced by him when the order was made, without proof of such allegation. (5) No appeal shall lie against the order of the officer rejecting an application for review, but an appeal under this Act shall lie against an order passed under review as if the order passed under review were the original order passed by him under section 7A. **7C. Determination of escaped amount.—Where an order determining the amount due from an** employer under section 7A or section 7B has been passed and if the officer who passed the order— (a) has reason to believe that by reason of the omission or failure on the part of the employer to make any document or report available, or to disclose, fully and truly, all material facts necessary for determining the correct amount due from the employer, any amount so due from such employer for any period has escaped his notice; (b) has, in consequence of information in his possession, reason to believe that any amount to be determined under section 7A or section 7B has escaped from his determination for any period notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the employer, he may, within a period of five years from the date of communication of the order passed under section 7A or section 7B, re-open the case and pass appropriate orders re-determining the amount due from the employer in accordance with the provisions of this Act: Provided that no order re-determining the amount due from the employer shall be passed under this section unless the employer is given a reasonable opportunity of representing his case. 1. Ins. by Act 33 of 1988, s. 11(w.e.f. 1-7-1977). 14 ----- **1[7D. Tribunal.—The Industrial Tribunal constituted by the Central Government under** sub-section (1) of section 7A of the Industrial Disputes Act, 1947 shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Tribunal for the purposes of this Act and the said Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.] **7E. [Term of office.]Omitted by the Finance Act, 2017 (7 of 2017), s. 159 (w.e.f. 26-5-2017).** **7F. [Resignation.] Omitted by s. 159, ibid. (w.e.f. 26-5-2017).** **7G. [Salary and allowances and other terms and conditions of or service of Presiding Officer.]** _Omitted by s. 159, ibid. (w.e.f. 26-5-2017)._ **7H. [Staff of Tribunal.] Omitted by s. 159, ibid. (w.e.f. 26-5-2017).** **7-I. Appeals to Tribunal.—(1) Any person aggrieved by a notification issued by the Central** Government, or an order passed by the Central Government or any authority, under the proviso to sub-section (3), or sub-section (4), of section 1, or section 3, or sub-section (1) of section 7A, or section 7B [except an order rejecting an application for review referred to in sub-section (5) thereof], or section 7C, or section 14B, may prefer an appeal to a Tribunal against such notification or order. (2) Every appeal under sub-section (1) shall be filed in such form and manner, within such time and be accompanied by such fees, as may be prescribed. **7J. Procedure of Tribunals.—(1) A Tribunal shall have power to regulate its own procedure in all** matters arising out of the exercise of its powers or of the discharge of its functions including the places at which the Tribunal shall have its sittings. (2) A Tribunal shall, for the purpose of discharging its functions, have all the powers which are vested in the officers referred to in section 7A and any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code (45 of 1860) and the Tribunal shall be deemed to be a civil court for the all purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). **7K. Right of appellant to take assistance of legal practitioner and of Government, etc., to** **appoint presenting officers.—(1) A person preferring an appeal to a Tribunal under this Act may either** appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal. (2) The Central Government or a State Government or any other authority under this Act may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before a Tribunal. **7L. Orders of Tribunal.—(1) A Tribunal may after giving the parties to the appeal, an opportunity** of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the order appealed against or may refer the case back to the authority which passed such order with such directions as the Tribunal may think fit, for a fresh adjudication or order, as the case may be, after taking additional evidence, if necessary. (2) A Tribunal may, at any time within five years from the date of its order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1) and shall make such amendment in the order if the mistake is brought to its notice by the parties to the appeal: Provided that an amendment which has the effect of enhancing the amount due from, or otherwise increasing the liability of, the employer shall not be made under this sub-section, unless the Tribunal has given notice to him of its intention to do so and has allowed him a reasonable opportunity of being heard. 1. Subs. by Act 7 of 2017, s. 159, for section 7D (w.e.f. 26-5-2017). 15 ----- (3) A Tribunal shall send a copy of every order passed under this section to the parties to the appeal. (4) Any order made by a Tribunal finally disposing of an appeal shall not be questioned in any court of law. **7M. [Filling up of vacancies.] Omitted by the Finance Act, 2017 (7** _of 2017),_ _s. 159_ (w.e.f. 26-5-2017). **7N. [Finality orders constituting a tribunal.] Omitted by s. 159, ibid. (w.e.f. 26-5-2017).** **7-O. Deposit of amount due, on filing appeal.—No appeal by the employer shall be entertained by** a Tribunal unless he has deposited with it seventy-five per cent. of the amount due from him as determined by an officer referred to in section 7A: Provided that the Tribunal may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this section. **7P. Transfer of certain applications to Tribunals.—All applications which are pending before the** Central Government under section 19A before its repeal, shall stand transferred to a Tribunal exercising jurisdiction in respect of establishments in relation to which such applications had been made as if such applications were appeals preferred to the Tribunal. **7Q. Interest payable by the employer.—The employer shall be liable to pay simple interest at the** rate of twelve per cent. per annum or at such higher rate as may be specified in the Scheme on any amount due from him under this Act from the date on which the amount has become so due till the date of its actual payment: Provided that higher rate of interest specified in the Scheme shall not exceed the lending rate of interest charged by any scheduled bank.] 1[8. Mode of recovery of moneys due from employers.—Any amount due— (a) from the employer in relation to [2][an establishment] to which any [3][Scheme or the Insurance Scheme] applies in respect of any contribution payable to [4][the Fund or, as the case may be, the Insurance Fund], damages recoverable under section 14B, accumulations required to be transferred under sub-section (2) of section 15 [5][or under sub-section (5) of section 17] or any charges payable by him under any other provision of this Act or of any provision of the [3][Scheme or the Insurance Scheme]; or (b) from the employer in relation to an exempted [6][establishment] in respect of any damages recoverable under section 14B or any charges payable by him to the appropriate Government under any provision of this Act or under any of the conditions specified [7][under section 17 or in respect of the contribution payable by him towards the [8][Pension] Scheme under the said section 17], may,if the amount is in arrear, [9][be recovered [10][in the manner specified in sections 8B to 8G].] 11[8A. Recovery of moneys by employers and contractors.—(1) 12[The amount of contribution (that is to say the employer’s contribution as well as the employee’s contribution in pursuance of any Scheme and the employer’s contribution in pursuance of the Insurance Scheme)], and any charges [13]*** for meeting the cost of administering the Fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by 1. Subs. by Act 37 of 1953, s. 6, for section 8. 2. Subs. by Act 94 of 1956, s. 3, for “a factory”. 3. Subs. by Act 99 of 1976, s. 24, for “Scheme” (w.e.f. 1-8-1976). 4. Subs. by s. 24, ibid., for “the Fund” (w.e.f. 1-8-1976). 5. Ins. by Act 28 of 1963, s. 7 (w.e.f. 30-11-1963). 6. Subs. by Act 94 of 1956, s. 3, for “factory”. 7. Subs. by Act 16 of 1971, s. 21, for “under section 17” (w.e.f. 23-4-1971). 8. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995). 9. Subs. by Act 40 of 1973, s. 2, for certain words (w.e.f. 1-11-1973). 10. Subs. by Act 33 of 1988, s. 12, for certain words (w.e.f. 1-7-1990). 11. Ins. by Act 28 of 1963, s. 8 (w.e.f. 30-11-1963). 12. Subs. by Act 99 of 1976, s. 25, for certain words (w.e.f. 1-8-1976). 13. The words “on the basis of such contribution” omitted by Act 33 of 1988, s. 13. (w.e.f. 1-8-1988). 16 ----- deduction from any amount payable to the contractor, under any contract or as a debt payable by the contractor. (2) A contractor from whom the amounts mentioned in sub-section (1) may be recovered in respect of any employee employed by or through him, may recover from such employee the employee’s contribution [1][under any Scheme] by deduction from the basic wages, dearness allowance and retaining allowance (if any) payable to such employee. (3) Notwithstanding any contract to the contrary, no contractor shall be entitled to deduct the employer’s contribution or the charges referred to in sub-section (1) from the basic wages, dearness allowance, and retaining allowance (if any) payable to an employee employed by or through him or otherwise to recover such contribution or charges from such employee. _Explanation.—In this section, the expressions, “dearness allowance” and “retaining allowance” shall_ have the same meanings as in section 6.] 2[8B. Issue of certificate to the Recovery Officer.—(1) Where any amount is in arrear under section 8, the authorised officer may issue, to the Recovery Officer, a certificate under his signature specifying the amount of arrears and the Recovery Officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as the case may be, the employer by one or more of the modes mentioned below:— (a) attachment and sale of the movable or immovable property of the establishment or, as the case may be, the employer; (b) arrest of the employer and his detention in prison; (c) appointing a receiver for the management of the movable or immovable properties of the establishment or, as the case may be, the employer: Provided that the attachment and sale of any property under this section shall first be effected against the proportion of the establishment and where such attachment and sale is insufficient for recovering the whole of the amount of arrears specified in the certificate, the Recovery Officer may take such proceedings against the property of the employer for recovery of the whole or any part of such arrears. (2) The authorised officer may issue a certificate under sub-section (1), notwithstanding that proceedings for recovery of the arrears by any other mode have been taken. **8C. Recovery Officer to whom certificate is to be forwarded.—(1) The authorised officer may** forward the certificate referred to in section 8B to the Recovery Officer within whose jurisdiction the employer— (a) carries on his business or profession or within whose jurisdiction the principal place of his establishment is situate; or (b) resides or any movable or immovable property of the establishment or the employer is situate. (2) Where an establishment or the employer has property within the jurisdiction of more than one Recovery Officers and the Recovery Officer to whom a certificate is sent by the authorised officer— (a) is not able to recover the entire amount by the sale of the property, movable or immovable, within his jurisdiction; or (b) is of the opinion that, for the purpose of expediting or securing the recovery of the whole or any part of the amount, it is necessary so to do, 1. Ins. by Act 99 of 1976, s. 25 (w.e.f. 1-8-1976). 2. Ins. by Act 33 of 1988, s. 14 (w.e.f. 1-7-1990). 17 ----- he may send the certificate or, where only a part of the amount is to be recovered, a copy of the certificate certified in the prescribed manner and specifying the amount to be recovered to the Recovery Officer within whose jurisdiction the establishment or the employer has property or the employer resides, and thereupon that Recovery Officer shall also proceed to recover the amount due under this section as if the certificate or the copy thereof had been the certificate sent to him by the authorised officer. **8D. Validity of certificate and amendment thereof.—(1) When the authorised officer issues a** certificate to a Recovery Officer under section 8B, it shall not be open to the employer to dispute before the Recovery Officer the correctness of the amount, and no objection to the certificate on any other ground shall also be entertained by the Recovery Officer. (2) Notwithstanding the issue of a certificate to a Recovery Officer, the authorised officer shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending an intimation to the Recovery Officer. (3) The authorised officer shall intimate to the Recovery Officer any order withdrawing or cancelling a certificate or any correction made by him under sub-section (2) or any amendment made under sub-section (4) of section 8E. **8E. Stay of proceedings under certificate and amendment or withdrawal thereof.—(1)** Notwithstanding that a certificate has been issued to the Recovery Officer for the recovery of any amount, the authorised officer may grant time for the payment of the amount, and thereupon the Recovery Officer shall stay the proceedings until the expiry of the time so granted. (2) Where a certificate for the recovery of amount has been issued, the authorised officer shall keep the Recovery Officer informed of any amount paid or time granted for payment, subsequent to the issue of such certificate. (3) Where the order giving rise to a demand of amount for which a certificate for recovery has been issued has been modified in appeal or other proceeding under this Act, and, as a consequence thereof, the demand is reduced but the order is the subject-matter of a further proceeding under this Act, the authorised officer shall stay the recovery of such part of the amount of the certificate as pertains to the said reduction for the period for which the appeal or other proceeding remains pending. (4) Where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under this Act, the authorised officer shall, when the order which was the subject-matter of such appeal or other proceeding has become final and conclusive, amend the certificate or withdraw it, as the case may be. **8F. Other modes of recovery.—(1) Notwithstanding the issue of a certificate to the Recovery** Officer under section 8B, the Central Provident Fund Commissioner or any other officer authorised by the Central Board may recover the amount by any one or more of the modes provided in this section. (2) If any amount is due from any person to any employer who is in arrears, the Central Provident Fund Commissioner or any other officer authorised by the Central Board in this behalf may require such person to deduct from the said amount the arrears due from such employer under this Act and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the Central Provident Fund Commissioner or the officer so authorised, as the case may be: Provided that nothing in this sub-section shall apply to any part of the amount exempt from attachment in execution of a decree of a civil court under section 60 of the Code of Civil Procedure, 1908 (5 of 1908). (3) (i) The Central Provident Fund Commissioner or any other officer authorised by the Central Board in this behalf may, at any time or from time to time, by notice in writing, require any person from whom money is due or may become due to the employer or, as the case may be, the establishment or any person who holds or may subsequently hold money for or on account of the employer or as the case may be, the 18 ----- establishment, to pay to the Central Provident Fund Commissioner either forthwith upon the money becoming due or being held or at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due from the employer in respect of arrears or the whole of the money when it is equal to or less than that amount. (ii) A notice under this sub-section may be issued to any person who holds or may subsequently hold any money for or an account of the employer jointly with any other person and for the purposes of this sub-section, the shares of the joint-holders in such account shall be presumed, until the contrary is proved, to be equal. (iii) A copy of the notice shall be forwarded to the employer at his last address known to the Central Provident Fund Commissioner or, as the case may be, the officer so authorised and in the case of a joint account to all the joint-holders at their last addresses known to the Central Provident Fund Commissioner or the officer so authorised. (iv) Save as otherwise provided in this sub-section, every person to whom a notice is issued under this sub-section shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding any rule, practice or requirement to the contrary. (v) Any claim respecting any property in relation to which a notice under this sub-section has been issued arising after the date of the notice shall be void as against any demand contained in the notice. (vi) Where a person to whom a notice under this sub-section is sent objects to it by a statement on oath that the sum demanded or any part thereof is not due to the employer or that he does not hold any money for or on account of the employer, then, nothing contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the Central Provident Fund Commissioner or the officer so authorised to the extent of his own liability to the employer on the date of the notice, or to the extent of the employer’s liability for any sum due under this Act, whichever is less. (vii) The Central Provident Fund Commissioner or the officer so authorisedmay, at any time or from time to time, amend or revoke any notice issued under this sub-section or extend the time for making any payment in pursuance of such notice. (viii) The Central Provident Fund Commissioner or the officer so authorised shall grant a receipt for any amount paid in compliance with a notice issued under this sub-section, and the person so paying shall be fully discharged from his liability to the employer to the extent of the amount so paid. (ix) Any person discharging any liability to the employer after the receipt of a notice under this sub-section shall be personally liable to the Central Provident Fund Commissioner or the officer so authorised to the extent of his own liability to the employer so discharged or to the extent of the employer’s liability for any sum due under this Act, whichever is less. (x) If the person to whom a notice under this sub-section is sent fails to make payment in pursuance thereof to the Central Provident Fund Commissioner or the officer so authorised he shall be deemed to be an employer in default in respect of the amount specified in the notice and further proceedings may be taken against him for the realisation of the amount as if it were an arrear due from him, in the manner provided in sections 8B to 8E and the notice shall have the same effect as an attachment of a debt by the Recovery Officer in exercise of his powers under section 8B. (4) The Central Provident Fund Commissioner or the officer authorised by the Central Board in this behalf may apply to the court in whose custody there is money belonging to the employer for payment to him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge the amount due. (5) The Central Provident Fund Commissioner or any officer not below the rank of Assistant Provident Fund Commissioner may, if so authorised by the Central Government by general or special order, recover any arrears of amount due from an employer or, as the case may be, from the establishment 19 ----- by distraint and sale of his or its movable property in the manner laid down in the Third Schedule to the Income- tax Act, 1961 (43 of 1961). **8G. Application of certain provisions of Income-tax Act.—The provisions of the Second and Third** Schedules to the Income-tax Act, 1961 (43 of 1961) and the Income-tax (Certificate Proceedings) Rules, 1962, as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to the arrears of the amount mentioned in section 8 of this Act instead of to the income-tax: Provided that any reference in the said provisions and the rules to the “assessee” shall be construed as a reference to an employer as defined in this Act.] **9. Fund to be recognised under Act 11 of 1922.—For the purposes of the Indian Income-tax Act,** 1922, the Fund shall be deemed to be a recognised provident fund within the meaning of Chapter IXA of that Act: 1[Provided that nothing contained in the said Chapter shall operate to render ineffective any provision of the Scheme (under which the Fund is established) which is repugnant to any of the provisions of that Chapter or of the rules made thereunder.] **10. Protection against attachment.—(1) The amount standing to the credit of any member in the** Fund [2][or of any exempted employee in a provident fund] shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the member [2][or the exempted employee], and neither the official assignee appointed under the Presidency-towns Insolvency Act, 1909 (3 of 1909), nor any receiver appointed under the Provincial Insolvency Act, 1920 (5 of 1920), shall be entitled to, or have any claim on, any such amount. 3[(2) Any amount standing to the credit of a member in the Fund or of an exempted employee in a provident fund at the time of his death and payable to his nominee under the Scheme or the rules of the provident fund shall, subject to any deduction authorised by the said Scheme or rules, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or the nominee before the death of the member of the exempted employee [4][and shall also not be liable to attachment under any decree or order of any court]. 5[(3) The provisions of sub-section (1) and sub-section (2) shall, so far as may be, apply in relation to the family pension or any other amount payable under the [6][Pension] Scheme [7][and also in relation to any amount payable under the Insurance Scheme] as they apply in relation to any amount payable out of the Fund.] **11. Priority of payment of contributions over other debts.—[8][(1)]** [9][Where any employer is adjudicated insolvent or, being a company, an order for winding up is made, the amount due— (a) from the employer in relation to [10][an establishment] to which any [11][Scheme or the Insurance Scheme] applies in respect of any contribution payable to the Fund [12][or, as the case may be, the Insurance Fund], damages recoverable under section 14B, accumulations required to be transferred 1. Ins. by Act 37 of 1953, s. 7. 2. Ins. by s. 8, ibid. 3. Subs. by s. 8, ibid., for sub-section (2). 4. Added by Act 33 of 1988, s. 15 (w.e.f. 1-8-1988). 5. Ins. by Act 16 of 1971, s. 22 (w.e.f. 23-4-1971). 6. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f.16-11-1995). 7. Ins. by Act 99 of 1976, s. 26 (w.e.f. 1-8-1976). 8. Section 11 re-numbered as sub-section (1) of that section by Act 40 of 1973, s. 3 (w.e.f. 1-11-1973). 9. Subs. by Act 37 of 1953, s. 9, for certain words. 10. Subs. by Act 94 of 1956, s. 3, for “a factory”. 11. Subs. by Act 99 of 1976, s. 27, for “Scheme” (w.e.f. 1-8-1976). 12. Ins. by s. 27, ibid. (w.e.f. 1-8-1976). 20 ----- under sub-section (2) of section 15 or any charges payable by him under any other provision of this Act or of any provision of the [1][Scheme or the Insurance Scheme]; or (b) from the employer in relation to an exempted [2][establishment] in respect of any contribution to [3][the Provident Fund or any Insurance Fund] (in so far it relates to exempted employees), under the rules of [3][the Provident Fund or any Insurance Fund], [4][any contribution payable by him towards the Family Pension Fund under sub-section (6) of section 17,] damages recoverable under section 14B or any charges payable by him to the appropriate Government under any provision of this Act or under any of the conditions specified under section 17. shall, where the liability thereof has accrued before the order of adjudication or winding up is made, be deemed to be included] among the debts which under section 49 of the Presidency-towns Insolvency Act, 1909 (3 of 1909), or under section 61 of the Provincial Insolvency Act, 1920 (5 of 1920), or under 5[section 530 of the Companies Act, 1956 (1 of 1956)], are to be paid in priority to all other debts in the distribution of the property of the insolvent or the assets of the company being wound up, as the case may be. 6[Explanation.—In this sub-section and in section 17, “insurance fund” means any fund established by an employer under any scheme for providing benefits in the nature of life insurance to employees, whether linked to their deposits in provident fund or not, without payment by the employees of any separate contribution or premium in that behalf.] 7[(2) Without prejudice to the provisions of sub-section (1), if any amount is due from an employer 8[whether in respect of the employee’s contribution (deducted from the wages of the employee) or the employer’s contribution], the amount so due shall be deemed to be the first charge on the assets of the establishment, and shall, notwithstanding anything contained in any other law for the time being in force, be paid in priority to all other debts.] 9[12. Employer not to reduce wages, etc.—No employer in relation to 10[an establishment] to which any [11][Scheme or the Insurance Scheme] applies shall, by reason only of his liability for the payment of any contribution to [12][the Fund or the Insurance Fund] or any charges under this Act or the [11][Scheme or the Insurance Scheme], reduce, whether directly or indirectly, the wages of any employee to whom the 11[Scheme or the Insurance Scheme] applies or the total quantum of benefits in the nature of old age pension, gratuity [13][Provident Fund or Life Insurance] to which the employee is entitled under the terms of his employment, express or implied.] **13. Inspectors.—(1) The appropriate Government may, by notification in the Official Gazette,** appoint such persons as it thinks fit to be Inspectors for the purposes of this Act [14][, the Scheme] [15][, the 16[Pension] Scheme or the Insurance Scheme], and may define their jurisdiction. 1. Subs. by Act 99 of 1976, s. 27, for “Scheme” (w.e.f. 1-8-1976). 2. Subs. by Act 94 of 1956, s. 3, for “Factory” 3. Subs. by Act 99 of 1976, s. 27, for “the provident fund” (w.e.f. 1-8-1976). 4. Ins. by Act 16 of 1971, s. 23 (w.e.f. 23-4-1971). 5. Subs. by Act 40 of 1973, s. 3, for certain words (w.e.f. 1-11-1973). 6. Ins. by Act 99 of 1976, s. 27 (w.e.f. 1-8-1976). 7. Ins. by Act 40 of 1973, s. 3 (w.e.f. 1-11-1973). 8. Subs. by Act 33 of 1988, s. 16, for certain words (w.e.f. 1-8-1988). 9. Subs. by Act 37 of 1953, s. 10, for section 12. 10. Subs. by Act 94 of 1956, s. 3, for “a factory”. 11. Subs. by Act 99 of 1976, s. 28, for “Scheme” (w.e.f. 1-8-1976). 12 Subs. by s. 28, ibid., for “the Fund” (w.e.f. 1-8-1976). 13. Subs. by s. 28, ibid., “or provident Fund” (w.e.f. 1-8-1976). 14. Subs. by Act 16 of 1971, s. 24, for “or of any Scheme” (w.e.f. 23-4-1971). 15. Subs. by Act 90 of 1976, s. 29, for “or the Family Pension Scheme” (w.e.f. 1-8-1976). 16. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995). 21 ----- (2) Any Inspector appointed under sub-section (1) may, for the purpose of inquiring into the correctness of any information furnished in connection with this Act or with any [1][Scheme or the Insurance Scheme] or for the purpose of ascertaining whether any of the provisions of this Act or of any 1[Scheme or the Insurance Scheme] have been complied with 2[in respect of 3[an establishment] to which any [1][Scheme or the Insurance Scheme] applies or for the purpose of ascertaining whether the provisions of this Act or any [1][Scheme or the Insurance Scheme] are applicable to any [4][establishment] to which the 1[Scheme or the Insurance Scheme] has not been applied or for the purpose of determining whether the conditions subject to which exemption was granted under section 17 are being complied with by the employer in relation to an exempted [4][establishment]]— (a) require an employer [5][or any contractor from whom any amount is recoverable under section 8A] to furnish such information as he may consider necessary [6]***; (b) at any reasonable time [7][and with such assistance, if any, as he may think fit, enter and search] any [4][establishment] or any premises connected therewith and require any one found in charge thereof to produce before him for examination any accounts, books, registers and other documents relating to the employment of persons or the payment of wages in the [4][establishment]; (c) examine, with respect to any matter relevant to any of the purposes aforesaid, the employer 5[or any contractor from whom any amount is recoverable under section 8A], his agent or servant or any other person found in charge of the [4][establishment] of any premises connected therewith or whom the Inspector has reasonable cause to believe to be or to have been, an employee in the 4[establishment]; 8[(d) make copies of, or take extracts from, any book, register or other document maintained in relation to the establishment and, where he has reason to believe that any offence under this Act has been committed by an employer, seize with such assistance as he may think fit, such book, register or other document or portions thereof as he may consider relevant in respect of that offence;] (e) exercise such other powers as the [1][Scheme or the Insurance Scheme] may provide. 9[(2A) Any Inspector appointed under sub-section (1) may, for the purpose of inquiring into the correctness of any information furnished in connection with the [10][Pension] Scheme or for the purpose of ascertaining whether any of the provisions of this Act or of the [10][Pension] Scheme have been complied with in respect of an establishment to which the [10][Pension] Scheme applies, exercise all or any of the powers conferred, on him under clause (a), clause (b), clause (c) or clause (d) of sub-section (2).] 5[11[(2B)] The provisions of the Code of Criminal Procedure, 1898 (5 of 1898) shall, so far as may be, apply to any search or seizure under sub-section (2), [12][or under sub-section (2A), as the case may be,] as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code (45 of 1960).] 13* - - - 1. Subs. by Act 99 of 1976, s. 29, for “Scheme” (w.e.f. 1-8-1976). 2. Ins. by Act 37 of 1953, s. 11. 3. Subs b Act 94 of 1956, s. 3, for “a factory”. 4. Subs. by s. 3, ibid., for “factory” 5. Ins. by Act 28 of 1963, s. 9 (w.e.f. 30-11-1963). 6. The words “in relation to the Scheme” omitted by Act 37 of 1953, s. 11. 7. Subs. by Act 28 of 1963, s. 9, for “enter” (w.e.f. 30-11-1963). 8. Subs. by s. 9, ibid., for clause (d) (w.e.f. 30-11-1963). 9. Ins. by Act 16 of 1971, s. 24. 10. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995). 11. Sub-section (2A) re-numbered as sub-section (2B) by s. 24, ibid. (w.e.f. 23-4-1971). 12. Ins. by s. 24, ibid. (w.e.f. 23-4-1971). 13. Omitted by Act 33 of 1988, s. 17 (w.e.f. 1-8-1988). 22 ----- **14. Penalties.—(1) Whoever, for the purpose of avoiding any payment to be made by himself under** this Act [1][, the Scheme [2][, the [3][Pension] Scheme or the Insurance Scheme]] or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to [4][one year, or with fine of five thousand rupees, or with both.] 5[(1A) An employer who contravenes, or makes default in complying with, the provisions of section 6 or clause (a) of sub-section (3) of section 17 in so far as it relates to the payment of inspection charges, or paragraph 38 of the Scheme in so far as it relates to the payment of administrative charges, shall be punishable with imprisonment for a term which may extend to [6][three years] but— (a)which shall not be less than [7][one year and a fine of ten thousand rupees] in case of default in payment of the employees’ contribution which has been deducted by the employer from the employees’ wages; 8[(b) which shall not be less than six months and a fine of five thousand rupees, in any other case;] 9* - - - Provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term [10]***.] 11[(1B) An employer who contravenes, or makes default in complying with, the provisions of section 6C, or clause (a) of sub-section (3A) of section 17 in so far as it relates to the payment of inspection charges, shall be punishable with imprisonment for a term which may extend to [12][one year] but which shall not be less than [13][six months] and shall also be liable to fine which may extend to [14][five thousand rupees]: Provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term [15]***. (2) [16][Subject to the provisions of this Act, the Scheme] [17][, the [3][Pension Scheme or the Insurance Scheme] may provide that any person who contravenes, or makes default in complying with, any of the provisions thereof shall be punishable with imprisonment for a term which may extend [4][one year, or with fine which may extend to four thousand rupees, or with both]. 18[(2A) Whoever contravenes or makes default in complying with any provision of this Act or of any condition subject to which exemption was granted under section 17 shall, if no other penalty is elsewhere 1. Subs. by Act 16 of 1971, s. 25, for “or under any Scheme”. 2. Subs. by Act 99 of 1976, s. 30, for “or the Family Pension Scheme” (w.e.f. 7-9-1976). 3. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995). 4. Subs. by Act 33 of 1988, s. 18, for “six months, or with fine which may extend to one thousand rupees, or with both” (w.e.f. 1-8-1988). 5. Ins. by Act 40 of 1973, s. 4 (w.e.f. 1-11-1973). 6. Subs. by Act 33 of 1988, s. 18, for “six months” (w.e.f. 1-8-1988). 7. Subs. by s. 18, ibid., for “three months” (w.e.f. 1-8-1988). 8. Subs. by Act 33 of 1988,s. 18 (w.e.f. 1-8-1988). 9. The words “and shall also be liable to fine which may extend to two thousand rupees” omitted by s. 18, ibid. (w.e.f. 1-8-1988). 10. The words “or of fine only in lieu of imprisonment” omitted by s. 18, ibid. (w.e.f. 1-8-1988). 11. Ins. by Act 99 of 1976, s. 30 (w.e.f. 7-9-1976). 12. Subs. by Act 33 of 1988, s. 18, for “six months” (w.e.f. 1-8-1988). 13. Subs. by s. 18, ibid., for “one month” (w.e.f. 1-8-1988). 14. Subs. by s. 18, ibid., for “two thousand rupees” (w.e.f. 1-8-1988). 15. The words “or of fine only in lieu of imprisonment” omitted by s. 18, ibid. (w.e.f. 1-8-1988). 16. Subs. by Act 40 of 1973, s. 4, for “the scheme” (w.e.f. 1-11-1973). 17. Subs. by Act 99 of 1976, s. 30, “or the family pension” (w.e.f. 7-9-1976). 18. Ins. by Act 37 of 1953, s. 12. 23 ----- provided by or under this Act for such contravention or non-compliance, be punishable with imprisonment which may extend to [1][six months, but which shall not be less than one month, and shall also be liable to fine which may extend to five thousand rupees.] 2* - - - 3[14A. Offences by companies.—(1) If the person committing an offence under this Act 4[, the Scheme or [5][the [6][Pension] Scheme or the Insurance Scheme]] is a company, every person, who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act [4][, the Scheme or [5][the [6][Pension] Scheme or the Insurance Scheme]] has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—Forthe purposes of this section,—_ (a) “company” means any body corporate and includes a firm and other association of individuals; and (b) “director” in relation to a firm, means a partner in the firm. 7[14AA. Enhanced punishment in certain cases after previous conviction.—Whoever, having been convicted by a Court of an offence punishable under this Act, the Scheme or [5][the [6][Pension] Scheme or the Insurance Scheme], commits the same offence shall be subject for every such subsequent offence to imprisonment for a term which may extend to [8][five years, but which shall not be less than two years, and shall also be liable to a fine of twenty-five thousand rupees]. **14AB. Certain offences to be cognizable.—Notwithstanding anything contained in the Code of** Criminal Procedure, 1898 (5 of 1898.) an offence relating to default in payment of contribution by the employer punishable under this Act shall be cognizable. **14AC. Cognizance and trial of offences.—(1) No court shall take cognizance of any offence** punishable under this Act, the Scheme or [5][the [6][Pension] Scheme or the Insurance Scheme] except on a report in writing of the facts constituting such offence made with the previous sanction of the Central Provident Fund Commissioner or such other officer as may be authorised by the Central Government, by notification in the Official Gazette, in this behalf, by an Inspector appointed under section 13. 1. Subs. by Act 33 of 1988, s. 18, for “six months, or with fine which may extend to one thousand rupees, or with both” (w.e.f. 1-8-1988). 2. Omitted by Act 40 of 1973, s. 4 (w.e.f. 1-11-1973). 3. Ins. by Act 37 of 1953, s. 13. 4. Subs. by Act 16 of 1971, s. 26, for “or the scheme made thereunder”. 5. Subs. by Act 99 of 1976, s. 31, for “the family pension scheme” (w.e.f. 7-9-1976). 6. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995). 7. Ins. by Act 40 of 1973, s. 5. 8. Subs. by Act 33 of 1988, s. 19, for “one year but which shall not be less than three months and shall also be liable to fine which may extend to four thousand rupees” (w.e.f. 1-8-1988). 24 ----- (2) No court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act or the Scheme or [1][the [2][Pension] Scheme or the Insurance Scheme]. **14B. Power to recover damages.—Where an employer makes default in the payment of any** contribution to the Fund [3][, the [2][Pension] Fund or the Insurance Fund] or in the transfer of accumulations required to be transferred by him under sub-section (2) of section 15 [4][or sub-section (5) of section 17] or in the payment of any charges payable under any other provision of this Act or of [5][any Scheme or Insurance Scheme] or under any of the conditions specified under section 17, [6][the Central Provident Fund Commissioner or such other officer as may be authorised by the Central Government, by notification in the Official Gazette, in this behalf] may recover [7][from the employer by way of penalty such damages, not exceedingthe amount of arrears, as may be specified in the Scheme:] 8[Provided that before levying and recovering such damages, the employer shall be given a reasonable opportunity of being heard]: 9[Provided further that the Central Board may reduce or waive the damages levied under this section in relation to an establishment which is a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the Board for Industrial and Financial Reconstruction established under section 4 of the Sick Industrial Companies (Special Provisions) Act, 1985,subject to such terms and conditions as may be specified in the Scheme.] 10[14C. Power of court to make orders.—(1) Where an employer is convicted of an offence of making default in the payment of any contribution to the Fund [11][,the [2][Pension]Fund or the Insurance Fund]] or in the transfer of accumulations required to be transferred by him under sub-section (2) of section 15 or sub-section (5) of section 17, the court may, in addition to awarding any punishment, by order in writing require him within a period specified in the order (which the court may, if it thinks fit and on application in that behalf, from time to time, extend), to pay the amount of contribution or transfer the accumulations, as the case may be, in respect of which the offence was committed. (2) Where an order is made under sub-section (1), the employer shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, if any, allowed by the court, but if, on the expiry of such period or extended period, as the case may be, the order of the court has not been fully complied with, the employer shall be deemed to have committed a further offence and shall be punished with imprisonment in respect thereof under section 14 and shall also be liable to pay fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with.] **15. Special provisions relating to existing provident funds.—(1)** [12][Subject to the provisions of section 17, every employee who is a subscriber to any provident fund of [13][an establishment] to which this 1. Subs. by Act 99 of 1976, s. 31, for “the family pension scheme” (w.e.f. 7-9-1976). 2. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995). 3. Subs. by Act 99 of 1976, s. 32, for “or the family pension fund” (w.e.f. 1-8-1976). 4. Ins. by Act 28 of 1963, s. 10 (w.e.f. 30-11-1963). 5. Subs. by Act 99 of 1976, s. 32, for “any scheme” (w.e.f. 1-8-1976). 6. Subs. by Act 40 of 1973, s. 6, for “the appropriate Government” (w.e.f. 1-11-1973). 7. Subs. by Act 33 of 1988, s. 20, for “from the employer such damages, not exceeding the amount of arrears as it may think fit to impose” (w.e.f. 1-9-1991). 8. Ins. by Act 40 of 1973, s. 6 (w.e.f. 1-11-1973). 9. Ins. by Act 33 of 1988, s. 20 (to be notified). 10. Ins. by Act 40 of 1973, s. 7 (w.e.f. 1-11-1973). 11. Subs. by Act 99 of 1976, s. 33, for “or the Family Pension Fund” (w.e.f. 1-8-1976). 12. Subs. by Act 37 of 1953, s. 14, for certain words. 13. Subs. by Act 94 of 1956, s. 3, for “a factory”. 25 ----- act applies shall, pending the application of a Scheme to] the [1][establishment] in which he is employed, continue to be entitled to the benefits accruing to him under the provident fund, and the provident fund shall continue to be maintained in the same manner and subject to the same conditions as it would have been if this Act had not been passed. (2) [2][On the application of any Scheme to [3][an establishment], the accumulations in any provident fund of the [1][establishment] standing to the credit of the employees who become members of the Fund established under the Scheme] shall, notwithstanding anything to the contrary contained in any law for the time being in force or in any deed or other instrument establishing the provident fund but subject to the provisions, if any, contained in the Scheme, be transferred to the Fund established under the Scheme, and shall be credited to the accounts of the employees entitled thereto in the Fund. **16. Act not to apply to certain establishments.—[4][(1) This Act shall not apply—** (a) to any establishment registered under the Co-operative Societies Act, 1912 (2 of 1912), or under any other law for the time being in force in any State relating to co-operative societies, employing less than fifty persons and working without the aid of power; or 5[(b) to any other establishment belonging to or under the control of the Central Government or a State Government and whose employees are entitled to the benefit of contributory provident fund or old age pension in accordance with any scheme or rule framed by the Central Government or the State Government governing such benefits; or (c) to any other establishment set up under any Central, Provincial or State Act and whose employees are entitled to the benefits of contributory provident fund or old age pension in accordance with any scheme or rule framed under that Act governing such benefits; [6]*** 7* - - - 8[(2) If the Central Government is of opinion that having regard to the financial position of any class of [9][establishments] or other circumstances of the case, it is necessary or expedient so to do, it may, by notification in the Official Gazette, and subject to such conditions as may be specified in the notification, exempt [10][whether prospectively or retrospectively] that class of [9][establishments] from the operation of this Act for such period as may be specified in the notification.] 11[16A. Authorising certain employers to maintain provident fund accounts.—(1) The Central Government may, on an application made to it in this behalf by the employer and the majority of employees in relation to an establishment employing one hundred or more persons, authorise the employer, by an order in writing, to maintain a provident fund account in relation to the establishment, subject to such terms and conditions as may be specified in the Scheme: Provided that no authorisation shall be made under this sub-section if the employer of such establishment had committed any default in the payment of provident fund contribution or had committed any other offence under this Act during the three years immediately preceding the date of such authorisation. 1. Subs. by Act 94 of 1956, s. 3, for “factory”. 2. Subs. by Act 37 of 1953, s. 14, for certain words. 3. Subs. by Act 94 of 1956, s. 3, for “a factory”. 4. Subs. by Act 46 of 1960, s. 5, for sub-section (1) (w.e.f. 31-12-1960). 5. Subs. by Act 33 of 1988, s. 21, for clause (b) (w.e.f. 1-8-1988). 6. The word “or” omitted by Act 10 of 1998, s. 5 (w.e.f. 22-9-1997). 7. Omitted by s. 5, ibid. (w.e.f. 22-9-1997). 8. Ins. by Act 37 of 1953, s. 15. 9. Subs. by Act 94 of 1956, s. 3, for “factories”. 10. Ins. by Act 33 of 1988, s. 21 (w.e.f. 1-8-1988). 11.Section 16 A shall stand ins (date to be notified) by s. 22, ibid. 26 ----- (2) Where an establishment is authorised to maintain a provident fund account under sub-section (1), the employer in relation to such establishment shall maintain such account, submit such return, deposit the contribution in such manner, provide for such facilities for inspection, pay such administrative charges, and abide by such other terms and conditions, as may be specified in the Scheme. (3) Any authorisation made under this section may be cancelled by the Central Government by order in writing if the employer fails to comply with any of the terms and conditions of the authorisation or where he commits any offence under any provision of this Act: Provided that before cancelling the authorisation, the Central Government shall give the employer a reasonable opportunity of being heard.] 1[17. Power to exempt.—(1) The appropriate Government may, by notification in the Official Gazette and subject to such conditions as may be specified in the notification, [2][exempt, whether prospectively or retrospectively, from the operation] of all or any of the provisions of any Scheme— (a) any [3][establishment] to which this Act applies if, in the opinion of the appropriate Government, the rules of its provident fund with respect to the rates of contribution are not less favourable than those specified in section 6 and the employees are also in enjoyment of other provident fund benefits which on the whole are not less favourable to the employees than the benefits provided under this Act or any Scheme in relation to the employees in any other [3][establishment] of a similar character; or (b) and [3][establishment] if the employees of such [3][establishment] are in enjoyment of benefits in the nature of provident fund, pension or gratuity and the appropriate Government is of opinion that such benefits, separately or jointly, are on the whole not less favourable to such employees than the benefits provided under this Act or any Scheme in relation to employees in any other [3][establishment] of a similar character: 4[Provided that no such exemption shall be made except after consultation with the Central Board which on such consultation shall forward its views on exemption to the appropriate Government within such time limit as may be specified in the Scheme.] 5* - - - 6[(1A) Where an exemption has been granted to an establishment under clause (a) of sub-section (1),— (a) the provisions of sections 6, 7A, 8 and 14B shall, so far as may be, apply to the employer of the exempted establishment in addition to such other conditions as may be specified in the notification granting such exemption, and where such employer contravenes, or makes default in complying with any of the said provisions or conditions or any other provisions of this Act, he shall be punishable under section 14 as if the said establishment had not been exempted under the said clause (a); (b) the employer shall establish a Board of Trustees for the administration of the provident fund consisting of such number of members as may be specified in the Scheme; (c) the terms and conditions of service of members of the Board of Trustees shall be such as may be specified in the Scheme; 1. Subs. by Act 37 of 1953, s. 16, for section 17. 2. Subs. by Act 33 of 1988, s. 23, for certain words (w.e.f. 1-10-1988). 3. Subs. by Act 94 of 1956, s. 3, for “factory”. 4. Added by Act 33 of 1988, s. 23 (w.e.f. 1-10-1988). 5. The Explanation omitted by Act 28 of 1963, s. 11 (w.e.f. 30-11-1963). 6. Subs. by Act 33 of 1988, s. 23, for sub-section (IA) (w.e.f. 1-10-1988). 27 ----- (d) the Board of Trustees constituted under clause (b) shall— (i) maintain detailed accounts to show the contributions credited, withdrawals made and interest accrued in respect of each employee; (ii) submit such returns to the Regional Provident Fund Commissioner or any other officer as the Central Government may direct from time to time; (iii) invest the provident fund monies in accordance with the directions issued by the Central Government from time to time; (iv) transfer, where necessary, the provident fund account of any employee; and (v) perform such other duties as may be specified in the Scheme. (1B) Where the Board of Trustees established under clause (b) of sub-section (1A) contravenes, or makes default in complying with, any provisions of clause (d) of that sub-section, the Trustees of the said Board shall be deemed to have committed an offence under sub-section (2A) of section 14 and shall be punishable with the penalties provided in that sub-section. 1[(1C)The appropriate Government may, by notification in the Official Gazette, and subject to the condition on the pattern of investment of pension fund and such other conditions as may be specified therein, exempt any establishment or class of establishments from the operation of the Pension Scheme if the employees of such establishment or class of establishments are either members of any other pension scheme or propose to be members of such pension scheme, where the pensionary benefits are at par or more favourable than the Pension Scheme under this Act.]] (2) Any Scheme may make provision for exemption of any person or class of persons employed in any [2][establishment] to which the Scheme applies from the operation of all or any of the provisions of the Scheme, if such person or class of persons is entitled to benefits in the nature of provident fund, gratuity or old age pension and such benefits, separately or jointly, are on the whole not less favourable than the benefits provided under this Act or the Scheme: Provided that no such exemption shall be granted in respect of a class of persons unless the appropriate Government is of opinion that the majority of persons constituting such class desire to continue to be entitled to such benefits. 3[(2A) 4[The Central Provident Fund Commissioner may, if requested so to do by the employer, by notification in the Official Gazette, and subject to such conditions as may be specified in the notification, exempt, whether prospectively or retrospectively, any establishment from the operation of all or any of the provisions of the Insurance Scheme, if he is satisfied] that the employees of such establishment are, without making any separate contribution or payment of premium, in enjoyment of benefits in the nature of life insurance, whether linked to their deposits in provident fund or not, and such benefits are more favourable to such employees than the benefits admissible under the Insurance Scheme. (2B) Without prejudice to the provisions of sub-section (2A), the Insurance Scheme may provide for the exemption of any person or class of persons employed in any establishment and covered by that Scheme from the operation of all or any of the provisions thereof, if the benefits in the nature of life insurance admissible to such person or class of persons are more favourable than the benefits provided under the Insurance Scheme.] 1. Subs. by Act 25 of 1996, s. 7, for sub-section (IC) (w.e.f. 16-11-1996). 2. Subs. by Act 94 of 1956, s. 3, for “factory”. 3. Ins. by Act 99 of 1976, s. 34 (w.e.f. 1-8-1976). 4. Subs. by Act 33 of 1988, s. 23, for certain words (w.e.f. 1-10-1988). 28 ----- 1[(3) Where in respect of any person or class of persons employed in an establishment an exemption is granted under this section from the operation of all or any of the provisions of any Scheme (whether such exemption has been granted to the establishment wherein such person or class of persons is employed or to the person or class of persons as such), the employer in relation to such establishment— (a) shall, in relation to the provident fund, pension and gratuity to which any such person or class of persons is entitled, maintain such accounts, submit such returns, make such investment, provide for such facilities for inspection and pay such inspection charges, as the Central Government may direct; (b) shall not, at any time after the exemption, without the leave of the Central Government, reduce the total quantum of benefits in the nature of pension, gratuity or provident fund to which any such person or class of persons was entitled at the time of the exemption; and (c) shall, where any such person leaves his employment and obtains re-employment in another establishment to which this Act applies, transfer within such time as may be specified in this behalf by the Central Government, the amount of accumulations to the credit of that person in the provident fund of the establishment left by him to the credit of that person’s account in the provident fund of the establishment in which he is re-employed or, as the case may be, in the Fund established under the Scheme applicable to the establishment. 2[(3A) Where, in respect of any person or class of persons employed in any establishment, an exemption is granted under sub-section (2A) or sub-section (2B) from the operation of all or any of the provisions of the Insurance Scheme (whether such exemption is granted to the establishment wherein such person or class of persons is employed or to the person or class of persons as such), the employer in relation to such establishment— (a) shall, in relation to the benefits in the nature of life insurance, to which any such person or class of persons is entitled, or any insurance fund, maintain such accounts, submit such returns, make such investments, provide for such facilities for inspection and pay such inspection charges, as the Central Government may direct; (b) shall not, at any time after the exemption without the leave of the Central Government, reduce the total quantum of benefits in the nature of life insurance to which any such person or class of persons was entitled immediately before the date of the exemption;[3]*** 4* - - - (4) Any exemption granted under this section may be cancelled by the authority which granted it, by order in writing, if an employer fails to comply,— (a) in the case of an exemption granted under sub-section (1), with any of the conditions imposed under that sub-section [5][or sub-section (1A)] or with any of the provisions of sub-section (3); [6]*** 7[(aa) in the case of an exemption granted under sub-section 8[(IC)], with any of the conditions imposed under that sub-section; and] (b) in the case of an exemption granted under sub-section (2), with any of the provisions of sub-section (3); 1. Subs. by Act 28 of 1963, s. 11, for sub-section (3) (w.e.f. 30-11-1963). 2. Ins. by Act 99 of 1976, s. 34 (w.e.f. 1-8-1976). 3. The word “and” omitted by Act 33 of 1988, s. 23 (w.e.f. 1-10-1988). 4. Omitted by s. 23, ibid. (w.e.f. 1-10-1988). 5. Ins. by Act 33 of 1988, s. 23 (w.e.f. 1-10-1988). 6. The word “and” omitted by Act 16 of 1971, s. 27 (w.e.f. 23-4-1971). 7. Ins. by s. 27, ibid. (w.e.f. 23-4-1971). 8. Subs. by Act 33 of 1988, s. 23, for “(IA)” (w.e.f. 1-10-1985). 29 ----- 1[(c) in the case of an exemption granted under sub-section (2A), with any of the conditions imposed under that sub-section or with any of the provisions of sub-section (3A); (d) in the case of an exemption granted under sub-section (2B), with any of the provisions of sub-section (3A).] 2[(5) Where any exemption granted under sub-section (1), sub-section 3[(IC)] 4[, sub-section (2), sub-section (2A) or sub-section (2B)] is cancelled, the amount of accumulations to the credit of every employee to whom such exemption applied, in the provident fund [4][the [5][pension] fund or the insurance fund] of the establishment in which he is employed [6][together with any amount forfeited from the employer’s share of contribution to the credit of the employee who leaves the employment before the completion of the full period of service] shall be transferred within such time and in such manner as may be specified in the Scheme or the [5][Pension] Scheme [4][or the Insurance Scheme] to the credit of his account in the Fund or the [5][Pension] Fund [4][or the Insurance Fund], as the case may be. (6) Subject to the provisions of sub-section [3][(IC)] the employer of an exempted establishment or of an exempted employee of an establishment to which the provisions of the [5][Pension] Scheme apply, shall, notwithstanding any exemption granted under sub-section (1) or sub-section (2), pay to the [5][Pension] Fund such portion of the employer’s contribution [7]*** to its provident fund within such time and in such manner as may be specified in the [5][Pension] Scheme.]]] 8[17A. Transfer of accounts.—(1) Where an employee employed in an establishment to which this Act applies leaves his employment and obtains re-employment in another establishment to which this Act does not apply, the amount of accumulations to the credit of such employee in the Fund, or as the case may be, in the provident fund of the establishment left by him shall be transferred, within such time as may be specified by the Central Government in this behalf, to the credit of his account in the provident fund of the establishment in which he is re-employed, if the employee so desires and the rules in relation to that provident fund permit such transfer. (2) Where an employee employed in an establishment to which this Act does not apply leaves his employment and obtains re-employment in another establishment to which this Act applies, the amount of accumulations to the credit of such employee in the provident fund of the establishment left by him may, if the employee so desires and the rules in relation to such provident fund permit, be transferred to the credit of his account in the Fund or as the case may be, in the provident fund of the establishment in which he is re-employed.] 9[17AA. Act to have effect notwithstanding anything contained in Act 31 of 1956.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Life Insurance Corporation Act, 1956.] 10[17B. Liability in case of transfer of establishment.—Where an employer, in relation to an establishment, transfers that establishment in whole or in part, by sale, gift, lease or licence or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the contribution and other sums due from the employer under any provision 1. Ins. by Act 99 of 1976, s. 34 (w.e.f. 1-8-1976). 2. Subs. by Act 16 of 1971, s. 27, for sub-section (5) (w.e.f. 23-4-1971). 3. Subs. by Act 33 of 1988, s. 23, for “(IA)” (w.e.f. 1-10-1985). 4. Subs. by Act 99 of 1976, s. 27, for certain words (w.e.f. 1-8-1976). 5. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995). 6. Ins. by Act 33 of 1988, s. 23 (w.e.f. 1-10-1988). 7. The words “as well as the employees’ Contribution” omitted by Act 25 of 1996, s. 7 (w.e.f. 16-11-1995). 8. Ins. by Act 28 of 1963, s. 12 (w.e.f. 30-11-1963). 9. Ins. by Act 99 of 1976, s. 35 (w.e.f. 1-8-1976). 10. Ins. by Act 40 of 1973, s. 8 (w.e.f. 1-11-1973). 30 ----- of this Act or the Scheme or [1][the [2][Pension] Scheme or the Insurance Scheme], as the case may be, in respect of the period up to the date of such transfer: Provided that the liability of the transferee shall be limited to the value of the assets obtained by him by such transfer.] 3[18. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the Central Government, a State Government, the Presiding Officer of a Tribunal, any authority referred to in section 7A, an Inspector or any other person for anything which is in good faith done or intended to be done in pursuance of this Act, the Scheme, the [2][Pension] Scheme or the Insurance Scheme. **4[18A. Authorities and inspector to be public servant.—The authorities referred to in section 7A** and every inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.]] 5[19. Delegation of powers.—The appropriate Government may direct that any power or authority or jurisdiction exercisable by it under this Act [6][, the Scheme [7][, the [2][Pension] Scheme or the Insurance Scheme]] shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also— (a) where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification; and (b) where the appropriate Government is a State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.] 8[20. Power of Central Government to give directions.—The Central Government may, from time to time, give such directions to the Central Board as it may think fit for the efficient administration of this Act and when any such direction is given, the Central Board shall comply with such direction. **21. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules to carry out the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— 9[* - - - *]; (b) the form and the manner in which, and the time within which, an appeal shall be filed before a Tribunal and the fees payable for filing such appeal; (c) the manner of certifying the copy of the certificate, to be forwarded to the Recovery Officer under sub-section (2) of section 8C; and (d) any other matter, which has to be, or may be, prescribed by rules under this Act. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one 1. Subs. by Act 99 of 1976, s. 31, for “the Family Pension Scheme” (w.e.f. 7-9-1976). 2. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995). 3. Subs. by Act 33 of 1988, s. 24, for section 18 (w.e.f. 1-8-1988). 4. Subs. by Act 7 of 2017, s. 159, for section 18A (w.e.f. 26-5-2017). 5. Subs. by Act 37 of 1953, s. 17, for section 19. 6. Subs. by Act 16 of 1971, s. 29, for “or any scheme”. 7. Subs. by Act 99 of 1976, s. 37, for “or the family scheme”. 8. Subs. by Act 33 of 1988, s. 25, for section 19A (w.e.f. 1-7-1997). 9. Clause (a) omitted by Act 7 of 2017, s. 159 (w.e.f. 26-5-2017). 31 ----- session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **22. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, as amended by the Employees’ Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988 (33 of 1988), the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date on which the said amendment Act receives the assent of the President. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.]] 32 ----- SCHEDULE I [See sections 2(i) and 4] Any industry engaged in the manufacture [1]*** of any of the following, namely:— Cement. Cigarettes. Electrical, mechanical or general engineering products. Iron and steel. Paper. Textiles (made wholly or in part of cotton or wool or jute or silk, whether natural or artificial). 2[1. Matches. 2. Edible oils and fats. 3. Sugar. 4. Rubber and rubber products. 5. Electricity including the generation, transmission and distribution thereof. 6. Tea. 7. Printing [other than printing industry relating to newspaper establishments as defined in the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), including the process of composing types for printing, printing by letter press, lithography, photogravure or other similar process or book-binding.] 8. Glass. 9. Stone-ware pipes. 10. Sanitary wares. 11. Electrical porcelain insulators of high and low tension. 12. Refractories. 13. Tiles.] 3[1. Heavy and fine chemicals, including— (i) Fertilizers, (ii) Turpentine, (iii) Rosin, (iv) Medical and pharmaceutical preparations, (v) Toilet preparations, (vi) Soaps, (vii) Inks, 1. The words “or production” omitted by Act 37 of 1953, s. 18. 2. Added by Notification No. S.R.O. 1566, dated the 4th July, 1956, see Gazette of India, Part II, sec. 3 (w.e.f. 31-7-1956). 3. Added by Notification No. S.R.O. 2026, dated the 3rd September, 1956, see Gazette of India, Part II, sec. 3 (w.e.f. 30-9-1956). 33 ----- (viii) Intermediates dyes, colour lakhs and toners, (ix) Fatty acids, and 1[(x) Oxygen, acetylene, and carbon-dioxide gases industry.] 2. Indigo. 3. Lac including shellac. 4. Non-edible vegetable and animal oils and fats.] 2[Mineral oil refining industry.] 3[(i) Industrial and Power Alcohol industry; and (ii) Asbestos Cement Sheets industry.] 4[Biscuit making industry including composite units making biscuits and products such as bread, confectionery and milk and milk powder.] 5[Mica industry.] 6[Plywood industry.] 7[Automobile repairing and servicing industry.] 8[1. Rice milling. 2. Flour milling. 3. Dal milling.] 9[Starch industry.] 10[1. Petroleum or natural gas exploration, prospecting, drilling or production. 2. Petroleum or natural gas refining.] 11[Leather and leather products industry.] 12[1. Stone-ware jars. 2. Crockery.] 13[The fruit and vegetable preservation industry, that is to say, any industry which is engaged in the preparation or production of any of the following articles, namely:— 1. Added by Notification No. S.R.O. 1976, dated the 8th June, 1957, seeGazette of India, Part II, sec. 3 (w.e.f. 31-7-1957). 2. Added by Notification No. S.R.O. 218, dated the 12th January, 1957, see Gazette of India, Part II, sec. 3 (w.e.f. 31-1-1957). 3. Added by Notification No. S.R.O. 3067, dated the 19[th] September, 1957, _see Gazette of India, Part II, sec. 3_ (w.e.f. 30-11-1957). 4. Added by Notification No. G.S.R. 170, dated the 12th March, 1958, see Gazette of India, Part II, sec. 3 (w.e.f. 30-4-1958). 5. Added by Notification No. G.S.R. 312, dated the 5th March, 1960, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-5-1960). 6. Added by Notification No. G.S.R. 632, dated the 30th May, 1960, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1960). 7. Added by Notification No. G.S.R. 683, dated the 9th May, 1960, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1960). 8.Added by Notification No. G.S.R. 1443, dated the 24th November, 1960, _see Gazette of India, Part II, sec. 3(i)_ (w.e.f. 31-12-1960). 9. Added by Notification No. G.S.R. 535, dated the 10th April, 1961, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-5-1961). 10. Added by Notification No. G.S.R. 705, dated the 30th May, 1961, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1961). 11. Added by Notification No. G.S.R. 993, dated the 29th July, 1961, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-8-1961). 12. Added by Notification No. G.S.R. 1382, dated the 4th November, 1961, _see Gazette of India, Part II, sec. 3(i)_ (w.e.f. 30-11-1961). 13. Added by Notification No. G.S.R. 786, dated the 6th June, 1962, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1962) as amended by Notification No. G.S.R. 1461, dated the 29th August, 1963. 34 ----- (i) canned and bottled fruits, juices and pulps, (ii) canned and bottled vegetables, (iii) frozen fruits and vegetables, (iv) jams, jellies and marmalades, (v) tomato products, ketchups and sauces, (vi) squashes, crushes, cordials and ready-to-serve beverages or any other beverages containing fruits juice or fruit pulp, (vii) preserved, candied andcrystallised fruits and peals, (viii) chutneys, (ix) any other unspecified item relating to the preservation or canning of fruits and vegetables.] 1[Cashewnut Industry.] 2[Confectionery Industry.] 3[1. Buttons. 2. Brushes. 3. Plastic and Plastic products. 4. Stationery products.] 4[The aerated water industry, that is to say, any industry engaged in the manufacture of aerated water, soft drinks or carbonated water.] 5[The distilling and rectifying of spirits (not falling under industrial and power alcohol) and blending of spirits industry.] 6[The Paint and Varnish Industry.] 7[Bone Crushing Industry.] 8[Pickers Industry.] 9[Milk and milk products Industry.] 10[Non-ferrous metals and alloys in the form of ingots industry.] 11[Bread Industry.] 1. Added by Notification No. G.S.R. 1125, dated the 18th August, 1962, see Gazette of India, Part II, sec. 3(i) (w.e.f 30-9-1962). 2. Added by Notification No. G.S.R. 424, dated the 28th February, 1963, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-3-1963). 3. Added by Notification No. G.S.R. 591, dated the 27th March, 1963, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-4-1963). 4. Added by Notification No. G.S.R. 1432, dated the 3rd August, 1963, see Gazette of India, Extraordinary Part II, sec. 3(i) (w.e.f. 31-8-1963). 5. Added by Notification No. G.S.R. 1605, dated the 26th September, 1963, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-10-1963). 6. Added by Notification No. G.S.R. 1983, dated the 21st December, 1963, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-1-1964). 7. Added by Notification No. G.S.R. 67, dated the 31st December, 1963, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-1-1964). 8. Added by Notification No. G.S.R. 822, dated the 22nd May, 1964, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1964). 9. Added by Notification No. G.S.R. 1723, dated the 27th November, 1964, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-12-1964). 10. Added by Notification No. G.S.R. 1795, dated the 9th December, 1964, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-1-1965). 11. Added by Notification No. G.S.R. 402, dated the 2nd March, 1965, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-3-1965). 35 ----- 1[Stemming or redrying of tobacco leaf industry, that is to say, any industry engaged in the stemming, redrying, handling, sorting, grading or packing of tobacco leaf]. 2[Agarbatee (including dhoop and dhoopbatee) industry.] 3[Coir (excluding the spinning sector) Industry.] 4[Tobacco industry, that is to say, any industry engaged in the manufacture of Cigars, Zarda, snuff, qivam and guraku from tobacco.] 5[Paper products Industry.] 6[Any industry engaged in manufacture of salt for which a licence is necessary and which has land not less than[7][4.05 hectares]. 8[Linoleum Industry and Indoleum Industry.] 9[Explosive Industry.] 10[Jute bailing or pressing Industry.] 11[Fire works and percussion cap works Industry.] 12[Tent making Industry.] 13[Ferro-manganese Industry.] 14[Ice of ice-cream Industry.] 15[Winding of thread and yarn reeling Industry.] 16[Cotton Ginning, Bailing and Pressing Industry.] 17[Katha making Industry.] 1. Added by Notification No. G.S.R. 768, dated the 18th May, 1965, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1965). 2. Added by Notification No. G.S.R. 910, dated the 23rd June, 1965, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-7-1965). 3. Added by Notification No. G.S.R. 952, dated the 3rd July, 1965, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-9-1965). 4. Added by Notification No. G.S.R. 895, dated the 1st June, 1966, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-6-1966). 5. Added by Notification No. G.S.R. 1119, dated the 11th July, 1966, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-7-1966). 6. Added by Notification No. G.S.R. 1362, dated the 30th August, 1966, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-9-1966). 7. Subs. by Notification No. G.S.R. 1945, dated the 16th December, 1966, see Gazette of India, 1967, Part II, sec. 3(i) for “ten acres”. 8. Added by Notification No. G.S.R. 437, dated the 27th March, 1967, see Gazette of India, 1966, Part II, sec. 3(i) (w.e.f. 30-4-1967). 9. Added by Notification No. G.S.R. 1019, dated the 1st July, 1967, see Gazette of India, 1967, Part II, sec. 3(i) (w.e.f. 31-7-1967). 10. Added by Notification No. G.S.R. 1226, dated the 5th August, 1967, see Gazette of India, 1967, Part II, sec. 3(i) (w.e.f. 31-8-1967). 11. Added by Notification No. G.S.R. 1530, dated the 5th October, 1967, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-10-1967). 12.Added by Notification No. G.S.R. 1716, dated the 3rd November, 1967, see Gazette of India, 1967, Part II, sec. 3(i) (w.e.f. 30-11-1967). 13. Added by Notification No. G.S.R. 1018, dated the 22nd April, 1969, see Gazette of India, 1969, Part II, sec. 3(i) (w.e.f. 30-4-1969). 14. Added by Notification No. G.S.R. 1506, dated the 11th June, 1969, see Gazette of India, 1969, Part II, sec. 3(i) (w.e.f. 30-6-1969). 15. Added by Notification No. G.S.R. 1988, dated the 22nd November, 1971, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-11-1971). 16. Added by Notification No. G.S.R. 1251, dated the 23rd September, 1972, see Gazette of India, 1972 Part II, sec. 3(i) (w.e.f. 30-9-1972). 17. Added by Notification No. G.S.R. 503, dated the 12th May, 1973, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-5-1973). 36 ----- 1[Beer manufacturing Industry, that is to say, any industry engaged in the manufacture of the product of alcoholic fermentation of a mash in potable water of malted barley and hops, or of hops concentrated with or without the addition on other malted or unmalted cereals or other carbohydrate preparations.] 2[Beedi industry.] 3[Ferro Chrome Industry.] 4[Diamond Cutting Industry.] 5[Industries engaged in the manufacture of Myrobalan Extract Power, Myrobalan Extracts Solid and Vegetable Tanin Blended Extract.] 6[Brick Industry.] 7[Industries based on asbestos as principal raw material. 8[Exaplanation.—In this Schedule, without prejudice to the ordinary meaning of the experssions used therein,— (a) the expression “Electrical, mechanical or general engineering products” includes— (1) machinery and equipment for the generation, transmission, distribution or measurement of electrical energy and motors including cables and wires, (2) telephones, telegraph and wireless communication apparatus, (3) electric lamps (not including glass bulbs). (4) electric fans and electrical domestic appliances, (5) Storage and dry batteries, (6) radio receivers and sound reproducing instruments, (7) machinery used in industry (including textile machinery) other than electrical machinery and machine tools, (8) boilers and prime movers, including internal combustion engines, marine engines and locomotives, (9) machine tools, that is to say, metal and wood working machinery, (10) grinding wheels, 1. Added by Notification No. G.S.R. 428, dated the 15th April, 1974, see Gazette of India, Part II, sec. 3(i) (w.e.f. 30-4-1974). 2. Added by Notification No. G.S.R. 660, dated the 17th May, 1977, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-5-1977). 3. Added by Notification No. G.S.R. 938, dated the 25th June, 1979, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-7-1979). 4. Added by Notification No. G.S.R. 564, dated the 5th May, 1980, see Gazette of India, Part II, sec. 3(i) (w.e.f. 31-5-1980). 5. Added by Notification No. G.S.R. 613(E), dated the 30th October, 1980, _see Gazette of India, Extraordinary, 1980, Part II,_ sec. 3(i)(w.e.f. 31-10-1980). 6. Added by Notification No. G.S.R. 662(E), dated the 27th November, 1980, _see Gazette of India, 1980, Part II, sec. 3(i)_ (w.e.f. 30-11-1980). 7. Added by Notification No. S.O. 2459, dated the 29th May, 1983, _see Gazette of India, 1980, Part II, sec. 3(ii)_ (w.e.f. 1-6-1983). 8. Ins. by Act 37 of 1953, s. 18. 37 ----- (11) ships, (12) automobiles and tractors, (13) bolts, nuts and rivets, (14) power driven pumps, (15) bicycles, (16) hurricane lanterns, (17) sewing and knitting machines, (18) mathematical and scientific instruments, (19) products of metal rolling and re-rolling. (20) wires, pipes, tubes and fittings, (21) ferrous and non-ferrous castings, (22) safes, vaults and furniture made of iron or steel or steel alloys. (23) cutlery and surgical instruments, (24) drums and containers, (25) parts and accessories of products specified in items 1 to 24; (b) the expression “Iron and Steel” includes pig iron, ingots, blooms, billets and rolled or re-rolled products into basic forms and toll and alloy steel; (c) the expression “paper” includes pulp, paperboard and strawboard; (d) the expression “textiles” includes the products of carding, spinning, weaving, finishing and dyeing yarn and fabrics, printing, knitting and embroidering.] _____________ 38 ----- SCHEDULE II 1[[See section 5(1B)]] MATTERS FOR WHICH PROVISION MAY BE MADE IN A SCHEME 1. The employees or class of employees who shall join the Fund, and the conditions under which employees may be exempted from joining the Fund or from making any contribution. 2. The time and manner in which contributions shall be made to the Fund by employers and by, or on behalf of, employees [2][(whether employed by him directly or by or through a contractor)], the contributions which an employee may, if he so desires, make under [3]*** section 6, and the manner in which such contributions may be recovered. 2[2A. The manner in which employees’ contributions may be recovered by contractors from employees employed by or through such contractors.] 3. The payment by the employer of such sums of money as may be necessary to meet the cost of administering the Fund and the rate at which and the manner in which the payment shall be made. 4[4. The constitution of any committee for assisting any Board of Trustees. 5. The opening of regional and other offices of any Board of Trustees.] 6. The manner in which accounts shall be kept, the investment of moneys belonging to the Fund in accordance with any directions issued or conditions specified by the Central Government, the preparation of the budget, the audit of accounts and the submission of reports to the Central Government or to any specified State Government. 7. The conditions under which withdrawals from the Fund may be permitted and any deduction or forfeiture may be made and the maximum amount of such deduction or forfeiture. 8. The fixation by the Central Government in consultation with the boards of trustees concerned of the rate of interest payable to members. 9. The form in which an employee shall furnish particulars about himself and his family whenever required. 10. The nomination of a person to receive the amount standing to the credit of a member after his death and the cancellation or variation of such nomination. 11. The registers and records to be maintained with respect to employees and the returns to be furnished by employers [5][or contractors]. 12. The form or design of any identity card, token or disc for the purpose of identifying any employee, and for the issue, custody and replacement thereof. 13. The fees to be levied for any of the purposes specified in this Schedule. 14. The contraventions of defaults which shall be punishable under sub-section (2) of section 14. 15. The further powers, if any, which may be exercised by Inspectors. 1. Subs. by Act 28 of 1963, s. 13, for “[see section 6(2)]” (w.e.f. 30-11-1963). 2. Ins. by s. 13, ibid. (w.e.f. 30-11-1963). 3. The words, brackets and figure “sub-section (1) of” omitted by s. 13, ibid. (w.e.f. 30-11-1963). 4. Subs. by s. 13, ibid., for items 4 and 5 (w.e.f. 30-11-1963). 5. Ins. by s. 13, ibid. (w.e.f. 30-11-1963). 39 ----- 16. The manner in which accumulations in any existing provident fund shall be transferred to the Fund under section 15, and the mode of valuation of any assets which may be transferred by the employers in this behalf. 17. The conditions under which a member may be permitted to pay premia on life insurance, from the Fund. 18. Any other matter [2][which is to be provided for in the Scheme or] which may be necessary or proper for the purpose of implementing the Scheme. ________________ 40 ----- 1[SCHEDULE III [See section 6A(5)] MATTERS FOR WHICH PROVISION MAY BE MADE IN THE PENSION SCHEME 1. The employees or class of employees to whom the Pension Scheme shall apply. 2. The time within which the employees who are not members of the Family Pension Scheme under section 6A as it stood before the commencement of the Employees’ Provident Funds and Miscellaneous Provisions (Amendment) Act, 1996 (hereafter in this Schedule referred to as the amending Act) shall opt for the Pension Scheme. 3. The portion of employers' contribution to the Provident Fund which shall be credited to the Pension Fund and the manner in which it is credited. 4. The minimum qualifying service for being eligible for pension and the manner in which the employees may be granted the benefits of their past service under section 6A as it stood before the commencement of the amending Act. 5. The regulation of the manner in which and the period of service for which no contribution is received. 6. The manner in which employees' interest will be protected against default in payment of contribution by the employer. 7. The manner in which the accounts of the Pension Fund shall be kept and investment of moneys belonging to Pension Fund to be made subject to such pattern of investment as may be determined by the Central Government. 8. The form in which an employee shall furnish particulars about himself and the members of his family whenever required. 9. The forms, registers and records to be maintained in respect of employees, required for the administration of the Pension Scheme. 10. The scale of pension and pensionary benefits and the conditions relating to grant of such benefits to the employees. 11. The manner in which the exempted establishments have to pay contribution towards the Pension Scheme and the submission of returns relating thereto. 12. The mode of disbursement of pension and arrangements to be entered into with such disbursing agencies as may be specified for the purpose. 13. The manner in which the expenses for administering the Pension Scheme will be met from the income of the Pension Fund. 14. Any other matter which is to be provided for in the Pension Scheme or which may be necessary or proper for the purpose of implementation of the Pension Scheme.] ____________ 1. Subs. by Act 25 of 1996, s. 8, for the Third Schedule(w.e.f. 16-11-1995). 41 ----- 1[SCHEDULE IV (See section 6C) MATTERS TO BE PROVIDED FOR IN THE EMPLOYEES’ DEPOSIT-LINKED INSURANCE SCHEME 1.The employees or class of employees who shall be covered by the Insurance Scheme. 2. The manner in which the accounts of the Insurance Fund shall be kept and the investment of moneys belonging to the Insurance Fund subject to such pattern of investment as may be determined, by order, by the Central Government. 3. The form in which an employee shall furnish particulars about himself and the members of his family whenever required. 4. The nomination of a person to receive the insurance amount due to the employee after his death and the cancellation or variation of such nomination. 5. The registers and records to be maintained in respect of employees; the form or design of any identity card, token or disc for the purpose of identifying any employee or his nominee or member of his family entitled to receive the insurance amount. 2[6. The scales of insurance benefits and conditions relating to the grant of such benefits to the employees.] 8. The manner in which the amount due to the nominee or the member of the family of the employee under the scheme is to be paid including a provision that the amount shall not be paid otherwise than in the form of a deposit in a savings bank account, in the name of such nominee or member of family, in any corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). 9. Any other matter which is to be provided for in the Employees’ Deposit-linked Insurance Scheme or which may be necessary or proper for the purpose of implementing that Scheme.] 1. Ins. by Act 99 of 1976, s. 38 (w.e.f. 1-8-1976). 2. Subs. by Act 33 of 1988, s. 26, for items 6 and 7 (w.e.f. 1-8-1988). 42 -----

6-Mar-1952

20

The Inflammable Substances Act, 1952

https://www.indiacode.nic.in/bitstream/123456789/2165/3/A1952-20.pdf

central

## THE INFLAMMABLE SUBSTANCES ACT, 1952 ________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title. 2. Definitions. 3. Declaration of certain substances to be dangerously inflammable. 4. Power to apply Petroleum Act to dangerously inflammable substances. 5. Operation of certain notifications and rules. 6. Validation of certain acts and indemnity in respect thereof. 7. [Repealed.] 1 ----- ## THE INFLAMMABLE SUBSTANCES ACT, 1952 ACT No. 20 OF 1952 [6th March, 1952.] ## An Act to declare certain substances to be dangerously inflammable and to provide for the regulation of their import, transport, storage and production by applying thereto the Petroleum Act, 1934, and the rules thereunder, and for certain matters connected with such regulation. BE it enacted by Parliament as follows:— **1. Short title.—This Act may be called the Inflammable Substances Act, 1952.** **2. Definitions.—In this Act,—** (a) “dangerously inflammable substance” means any liquid or other substance declared to be dangerously inflammable by this Act; (b) “Petroleum Act” means the Petroleum Act, 1934 (30 of 1934). **3. Declaration of certain substances to be dangerously inflammable.—The liquids and other** substances hereinafter mentioned, namely:— (1) acetone, (2) calcium phosphide, (3) carbide of calcium, (4) cinematograph films having a nitro-cellulose base, (5) ethyl alcohol, (6) methyl alcohol, (7) wood naphtha, are hereby declared to be dangerously inflammable. **4. Power to apply Petroleum Act to dangerously inflammable substances.—(1) The Central** Government may, by notification in the Official Gazette, apply any or all of the provisions of the Petroleum Act and of the rules made thereunder, with such modifications as it may specify, to any dangerously inflammable substance, and thereupon the provisions so applied shall have effect as if such substance had been included in the definition of “petroleum” under that Act. (2) The Central Government may make rules providing specially for the testing of any dangerously inflammable substance to which any of the provisions of the Petroleum Act have been applied by notification under sub-section (1), and such rules may supplement any of the provisions of Chapter II of that Act in order to adapt them to the special needs of such tests. **5. Operation of certain notifications and rules.—Notifications or rules issued or purporting to have** been issued under section 30 of the Petroleum Act between the 1st day of April, 1937, and the date of commencement of this Act shall be deemed to have been issued or made under this Act, and continue in force accordingly. **6. Validation of certain acts and indemnity in respect thereof.—All acts of executive authority,** proceedings and sentences which have been done, taken or passed with respect to, or on account of, any 2 ----- inflammable substance since the 1st day of April, 1937, and before the commencement of this Act by any officer of Government or by any person acting under his authority or otherwise in pursuance of an order of the Government in the belief or purported belief that the acts, proceedings or sentences were being done, taken or passed under the Petroleum Act shall be as valid and operative as if they had been done, taken or passed in accordance with law; and no suit or other legal proceeding shall be maintained or continued against any person whatever on the ground that any such acts, proceedings or sentences were not done, taken or passed in accordance with law. **7. [Repeal of section 30,** _Act_ 30 _of 1934.]_ _Rep. by the Repealing and Amending Act, 1957_ (36 of 1957), s. 2 and the First Schedule (w.e.f. 17-9-1957.) 3 -----

14-Mar-1952

30

The Requisitioning and Acquisition of Immovable Property Act, 1952

https://www.indiacode.nic.in/bitstream/123456789/2166/1/a1952-30.pdf

central

# THE REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1952 _________ # ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title, extent and duration. 2. Definitions. 3. Power to requisition immovable property. 4. Power to take possession of requisitioned property. 5. Rights over requisitioned property. 6. Release from requisitioning 7. Power to acquire requisitioned property. 8. Principles and method of determining compensation. 9. Payment of compensation. 10. Appeals from orders of requisitioning. 11. Appeals from awards in respect of compensation. 12. Competent authority and arbitrator to have certain powers of civil courts. 13. Power to obtain information. 14. Power to enter and inspect. 15. Service of notice and orders. 16. Easement not to be disturbed. 17. Delegation of powers. 18. Protection of action taken in good faith. 19. Bar of jurisdiction of civil courts. 20. Penalty for offences. 21. Certain persons to be public servants. 22. Power to make rules. 23. Validation of certain requisitions and acquisitions. 24. Repeals and savings. 25. Special provision as to certain requisitions under Act 51 of 1962. 26. Special provision as to certain requisitions under Act 42 of 1971. ----- # THE REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1952 # ACT NO. 30 OF 1952[1] [14th March, 1952.] # An Act to provide for the requisitioning and acquisition of immovable property for the purposes of the Union. BE it enacted by Parliament as follows:— **1. Short title, extent and duration.—(1) This Act may be called the Requisitioning and Acquisition** of Immovable Property Act, 1952. (2) It extends to the whole of India except the State of Jammu and Kashmir*. 2* - - - **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “award” means any award of an arbitrator made under section 8; (b) “competent authority” means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act for such area as may be specified in the notification; (c) “landlord” means any person who for the time being is receiving or is entitled to receive, the rent of any premises, whether on his own account, or on account or on behalf or for the benefit, of any other person or as a trustee, guardian or receiver for any other person, or who would so receive the rent or be entitled to receive the rent if the premises were let to a tenant; (d) the expression “person interested”, in relation to any property, includes all persons claiming, or entitled to claim, an interest in the compensation payable on account of the requisitioning or acquisition of that property under this Act; (e) “premises” means any building or part of a building and includes— (i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building; (ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof; (f) “prescribed” means prescribed by rules made under this Act; (g) “property” means immovable property of every kind and includes any rights in or over such property; (h) “tenant” means any person by whom or on whose account rent is payable for any premises and includes such sub-tenants and other persons as have derived title under the tenant under any law for the time being in force. **3. Power to requisition immovable property.—(1) Where the competent authority is of opinion that** any property is needed or likely to be needed for any public purpose, being a purpose of the Union, and that the property should be requisitioned, the competent authority— (a) shall call upon the owner or any other person who may be in possession of the property by notice in writing (specifying therein the purpose of the requisition) to show cause, within fifteen days of the date of the service of such notice on him, why the property should not be requisitioned; and 1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I and Goa, Daman and Diu by Notification. No. G.S.R. 388, dated the 15th March. 1967, Gazette of India, Pt. II., Sec. 3 (i), p. 471 to and brought into force in the State of Sikkim (w.e.f. 1-12-1976) by Notification. No. S.O. 4514, dated 27th November, 1976. This Act has been amended in Goa, Daman and Diu by Goa, Daman and Diu Act 6 of 1977. 2. Sub-section (3) omitted by Act 1 of 1970, s. 2 (w.e.f. 11-3-1970). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. ----- (b) may, by order, direct that neither the owner of the property nor any other person shall, without permission of the competent authority, dispose of, or structurally alter, the property or let it out to a tenant until the expiry of such period, not exceeding two months, as may be specified in the order. (2) If, after considering the cause, if any, shown by any person interested in the property or in possession thereof, the competent authority is satisfied that it is necessary or expedient so to do, it may, by order in writing, requisition the property and may make such further orders as appear to it to be necessary or expedient in connection with the requisitioning: Provided that no property or part thereof— (a) which is bona fide used by the owner thereof as the residence of himself or his family, or (b) which is exclusively used either for religious worship by the public or as a school, hospital, public library or an orphanage or for the purpose of accommodation of persons connected with the management of such place of worship or such school, hospital, library or orphanage, shall be requisitioned: Provided further that where the requisitioned property consists of premises which are being used as a residence by a tenant for not less than two months immediately preceding the date of the service of notice under sub-section (1), the competent authority shall provide such tenant with alternative accommodation which, in its opinion, is suitable. **4. Power to take possession of requisitioned property.—(1) Where any property has been** requisitioned under section 3, the competent authority may, by notice in writing, order the owner as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within thirty days of the service of the notice. (2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may take possession of the property and may, for that purpose, use such force as may be necessary. **5. Rights over requisitioned property.—(1) All property requisitioned under section 3, shall be used** for such purposes as may be mentioned in the notice of requisition. (2) Where any premises are requisitioned under section 3, the competent authority may order the landlord to execute such repairs as may be necessary and are usually made by landlords in that locality and as may be specified in the notice, within such reasonable time as may be mentioned therein, and if the landlord fails to execute any repairs in pursuance of such order, the competent authority may cause the repairs specified in the order to be executed at the expense of the landlord and the cost thereof may, without prejudice to any other mode of recovery, be deducted from the compensation payable to the landlord. **6. Release from requisitioning.—(1) The Central Government may at any time release from** requisition any property requisitioned under this Act and shall, as far as possible, restore the property in as good a condition as it was when possession thereof was taken subject only to the changes caused by reasonable wear and tear and irresistible force: Provided that where the purposes for which any requisitioned property was being used cease to exist, the Central Government shall, unless the property is acquired under section 7, release that property, as soon as may be, from requisition. 1[(1A) Notwithstanding anything contained in sub-section (1), the Central Government shall release from requisition,— (a) any property requisitioned or deemed to be requisitioned under this Act before the commencement of the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1970 (1 of 1970), on or before the expiry of a period of [2][seventeen years] from such commencement; 1. Ins. by Act 1 of 1970, s. 3 (w.e.f. 11-3-1970). 2. Subs. by Act 20 of 1985, s. 2, for “fifteen years” (w.e.f. 8-3-1985). ----- (b) any property requisitioned under this Act after such commencement, on or before the expiry of a period of [1][seventeen years] from the date on which possession of such property was surrendered or delivered to, or taken by, the competent authority under section 4, unless such property is acquired under section 7 within the period of [1][seventeen years] aforesaid.] (2) Where any property is to be released from requisition, [2][under sub-section (1) or sub-section (1A)] the competent authority may, after such inquiry, if any, as it may in any case consider necessary to make or cause to be made, specify by order in writing the person to whom possession of the property shall be given and such possession shall, as far as practicable, be given to the person from whom possession was taken at the time of the requisition or to the successors-in-interest of such person. (3) The delivery of possession of the property to the person specified in an order under sub-section (2) shall be a full discharge of the Central Government from all liability in respect of the property, but shall not prejudice any rights in respect of the property which any other person may be entitled by due process of law to enforce against the person to whom possession of the property is given. (4) Where any person to whom possession of any requisitioned property is to be given is not found and has no agent or other person empowered to accept delivery on his behalf, the competent authority shall cause a notice declaring that the property is released from requisition to be affixed on some conspicuous part of the property and shall also publish the notice in the Official Gazette. (5) When a notice referred to in sub-section (4) is published in the Official Gazette, the property specified in such notice shall cease to be subject to requisition on and from the date of such publication and shall be deemed to have been delivered to the person entitled to possession thereof and the Central Government shall not be liable for any compensation or other claim in respect of the property for any period after the said date. (6) Where any property requisitioned under this Act or any material part thereof is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was requisitioned by reason of fire, earthquake, tempest, flood or violence of any army or of a mob or other irresistible force, the requisition shall, at the option of the Central Government, be void: Provided that the benefit of this sub-section shall not be available to the Central Government where the injury to such property is caused by any wrongful act or default of that Government. **7. Power to acquire requisitioned property.—(1) Where any property is subject to requisition, the** Central Government may, if it is of opinion that it is necessary to acquire the property for a public purpose, at any time acquire such property by publishing in the Official Gazette a notice to the effect that the Central Government has decided to acquire the property in pursuance of this section: Provided that before issuing such notice, the Central Government shall call upon the owner of, or any other person who, in the opinion of the Central Government, may be interested in, such property to show cause why the property should not be acquired; and after considering the cause, if any, shown by any person interested in the property and after giving the parties an opportunity of being heard, the Central Government may pass such orders as it deems fit. 3[(1A) Notwithstanding any judgment or order by a court or any other authority, setting aside a notice under sub-section (1) on the ground that the owner or any other person who may be interested in the property was not given adequate opportunity to show cause or personal hearing, the Central Government may re-issue the notice to the owner or such other person interested in the property, for the purpose of giving opportunity of being heard: Provided that where a notice is re-issued, the owner or such other person interested in the property shall be entitled to the same annual rate of interest, prevalent at any relevant time on the domestic fixed deposit offered by the State Bank of India, as defined under clause (g) of section 2 of the State Bank of 1. Subs. by Act 20 of 1985, s. 2, for “fifteen years” (w.e.f. 8-3-1985). 2. Ins. by Act 1 of 1970, s. 3 (w.e.f. 11-3-1970). 3. Ins. by Act 21 of 2018, s. 2 (w.e.f. 14-3-1952). ----- India Act, 1955 (23 of 1955), on the compensation payable under this Act, from the date of publication of the first notice, till the final payment of the compensation under this Act: Provided further that any enhanced compensation with or without interest awarded by the court or other authority, before the date of commencement of the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 2018, shall be subject to the re-issuance of a notice under this sub-section and shall be applicable only to the cases of land being acquired for national security and defence purpose: Provided also that in the cases, where the final award under this Act has been made any compensation thereof has been accepted by the owner or such other person interested in the property, before the commencement of the Requisitioning and Acquisition of the immovable Property (Amendment) Act, 2018, shall not be reopened.] (2) When a notice as aforesaid is published in the Official Gazette, the requisitioned property shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the Central Government free from all encumbrances and the period of requisition of such property shall end. (3) No property shall be acquired under this section except in the following circumstances, namely:— (a) Where any works have, during the period of requisition, been constructed on, in or over, the property wholly or partially at the expense of the Central Government and the Government decides that the value of, or the right to use, such works should be secured or preserved for the purposes of Government; or (b) where the cost of restoring the property to its condition at the time of its requisition would, in the determination of the Central Government, be excessive and the owner declines to accept release from requisition of the property without payment of compensation for so restoring the property. (4) Any decision or determination of the Central Government under sub-section (3) shall be final and shall not be called in question in any Court. (5) For the purposes of clause (a) of sub-section (3) "works" includes buildings, structures and improvements of every description. **8. Principles and method of determining compensation.—(1) Where any property is requisitioned** or acquired under this Act, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say,— (a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; (b) where no such agreement can be reached, the Central Government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a Judge of a High Court; (c) the Central Government may, in any particular case, nominate a person having expert knowledge as to the nature of the property requisitioned or acquired to assist the arbitrator and where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose; (d) at the commencement of the proceedings before the arbitrator, the Central Government and the person to be compensated shall state what in their respective opinion is a fair amount of compensation; (e) the arbitrator shall, after hearing the dispute, make an award determining the amount of com pensation which appears to him to be just and specifying the person or persons to whom such compensation shall be paid; and in making the award, he shall have regard to the circumstances of each case and the provisions of sub-sections (2) and (3), so far as they are applicable; (f) where there is any dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such persons; ----- (g) nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to arbitrations under this section. (2) [1][The amount of compensation payable for the requisitioning of any property shall, subject to the provisions of sub-sections (2A) and (2B), consist of—] (a) a recurring payment, in respect of the period of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the property, if it had been taken on lease for that period; and (b) such sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the following matters, namely:— (i) pecuniary loss due to requisitioning; (ii) expenses on account of vacating the requisitioned premises; (iii) expenses on account of reoccupying the premises upon release from requisition; and (iv) damages (other than normal wear and tear) caused to the property during the period of requisition, including the expenses that may have to be incurred for restoring the property to the condition in which it was at the time of requisition. 2[(2A) The recurring payment, referred to in clause (a) of sub-section (2), in respect of any property shall, unless the property is sooner released from requisition under section 6 or acquired under section 7, be revised in accordance with the provisions of sub-section (2B)— (a) in a case where such property has been subject to requisition under this Act for the period of five years or a longer period immediately preceding the commencement of the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1975— (i) first with effect from the date of such commencement, and 3[(ii) secondly with effect from the expiry of five years, and thirdly with effect from the expiry of ten years, from such commencement;]] (b) in a case where such property has been subject to requisition under this Act immediately before such commencement for a period shorter than five years and the maximum period within which such property shall, in accordance with the provisions of sub-section (1A) of section 6, be released from requisition or acquired, extends beyond five years from such commencement,— (i) first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4, and 2[(ii) secondly with effect from the date of expiry of five years, and thirdly with effect from the date of expiry of ten years, from the date on which the revision made under sub-clause (i) takes effect;] 4[(c) in any other case,— (i) first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4, and 5[(ii) secondly with effect from the date of expiry of five years, and thirdly with effect from the date of expiry of ten years, from the date on which the revision under sub-clause (i) takes effect.]] 1. Subs. by Act 2 of 1975, s. 3, for “The amount of compensation payable for the requisitioning of any property shall consisit of—” (w.e.f. 1-3-1975). 2. Ins. by Act 2 of 1975, s. 3 (w.e.f. 7-3-1975). 3. Subs. by Act 35 of 1980, s. 3, for sub-clause (ii) (w.e.f. 7-3-1980). 4. Subs. by s. 3, ibid., for clause (c) (w.e.f. 7-3-1980). 5. Subs. by Act 20 of 1985, s. 3, for sub-clause (ii) (w.e.f. 8-3-1985). ----- (2B) The recurring payment in respect of any property shall be revised by re-determining such payment in the manner and in accordance with the principles set out in sub-section (1), read with clause (a) of sub-section (2), as if such property had been requisitioned under this Act on the date with effect from which the revision has to be made under sub-section (2A).] 1[(3) The compensation payable for the acquisition of any property under section 7 shall be the price which the requisitioned property would have fetched in the open market, if it had remained in the same condition as it was at the time of requisitioning and been sold on the date of acquisition.] **9. Payment of compensation.—The amount of compensation payable under an award shall, subject** to any rules made under this Act, be paid by the competent authority to the person or persons entitled thereto in such manner and within such time as may be specified in the award. **10. Appeals from orders of requisitioning.—(1) Any person aggrieved by an order of requisition** made by the competent authority under sub-section (2) of section 3 may, within twenty-one days from the date of service of the order, prefer an appeal to the Central Government: Provided that the Central Government may entertain the appeal after the expiry of the said period of twenty-one days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the Central Government may, after calling for a report from the competent authority and giving an opportunity to the parties of being heard and after making such further inquiry, if any, as may be necessary, pass such orders as it thinks fit and the order of the Central Government shall be final. (3) Where an appeal is preferred under sub-section (1), the Central Government may stay the enforcement of the order of the competent authority for such period and on such conditions as it thinks fit. **11. Appeals from awards in respect of compensation.—Any person aggrieved by an award of the** arbitrator made under section 8 may, within thirty days from the dale of such award, prefer an appeal to the High Court within whose jurisdiction the requisitioned or acquired property is situate: Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. **12. Competent authority and arbitrator to have certain powers of civil courts.—The competent** authority and the arbitrator appointed under section 8, while holding an inquiry or, as the case may be, arbitration proceedings under this Act, shall have all the powers of a civil court, while trying a suit, under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) reception of evidence on affidavits; (d) requisitioning any public record from any court or office; (e) issuing commissions for examination of witnesses. **13. Power to obtain information.—The Central Government or the competent authority may, with a** view to carrying out the purposes of section 3 or section 6, or section 7, or section 8, by order require any person to furnish to such officer, as may be specified in the order, such information in his possession as may be specified relating to any property which is requisitioned or acquired, or intended to be requisitioned or acquired, under this Act. **14. Power to enter and inspect.—The competent authority or any officer, empowered in this behalf** by such authority by general or special order, may enter and inspect any property for the purposes of 1. Subs. by Act 31 of 1968, s. 2, for sub-section (3) (w.e.f. 9-8-1968). ----- determining whether, and if so, in what manner, an order under this Act should be made in relation to such property or with a view to securing compliance with an order made under this Act. **15. Service of notice and orders.—(1) Subject to the provisions of this section and any rules that** may be made under this Act, every notice or order issued or made under this Act shall,— (a) in the case of any notice or order of a general nature or affecting a class of persons, be published in the Official Gazette; and (b) in the case of any notice or order affecting an individual, corporation or firm be served in the manner provided for the service of summons in Rule 2 of Order XXIX or Rule 3 of Order XXX, as the case may be, in the First Schedule of the Code of Civil Procedure, 1908 (5 of 1908); and (c) in the case of any notice or order affecting an individual person (not being a corporation or firm), be served on such person— (i) by delivering or tendering it to that person; or (ii) if it cannot be so delivered or tendered, by delivering or tendering it to any officer of such person or any adult male member of the family of such person, or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person is known to have last resided or carried on business or personally worked for gain; or failing service by these means; (iii) by post. (2) Where the ownership of the property is in dispute or where the persons interested in the property are not readily traceable and the notice or order cannot be served without undue delay, the notice or order may be served by publishing it in the Official Gazette, and where possible, by affixing a copy thereof on any conspicuous part of the property to which it relates. **16. Easement not to be disturbed.—No person interested in any property requisitioned or acquired** under this Act shall, without the previous written consent of the competent authority or except for the purposes of effecting repairs or complying with a municipal requirement, wilfully disturb any convenience or easement attached to such property or remove, destroy or render unserviceable anything provided for permanent use therewith or discontinue or cause to be discontinued any supply or service provided for the property. **17. Delegation of powers.—(1) The Central Government may, by notification in the Official Gazette,** direct that the powers exercisable by it [1]*** under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercisable also by an officer subordinate to that Government or [2][by the State Government or by an officer subordinate to the State Government.] (2) All notifications issued under sub-section (1) shall be laid, as soon as may be, before Parliament. **18. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding** shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder. (2) No suit or other legal proceeding shall lie against the Central Government or the competent authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder. **19. Bar of jurisdiction of civil courts.—Save as otherwise expressly provided in this Act, no civil** court shall have jurisdiction in respect of any matter which the competent authority or arbitrator is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. 1. The words “by or” omitted by Act 42 of 1953, s. 4 and the Third Schedule (w.e.f. 23-12-1953). 2. Subs. by s. 4 and the Third Schedule, ibid., for “the State Government” (w.e.f. 23-12-1953). ----- **20. Penalty for offences.—Whoever contravenes any provision of this Act, or any rule made** thereunder, or any order made or direction given under this Act, or obstructs the lawful exercise of any power conferred by or under this Act, shall be punishable with fine which may extend to one thousand rupees. **21. Certain persons to be public servants.—The competent authority, every arbitrator and every** officer empowered by the Central Government or the competent authority, while exercising any power or performing any duty under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). **22. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the procedure to be followed by the competent authority in making inquiries under section 3 or section 6; (b) the procedure to be followed in arbitration proceedings and appeals under this Act; (c) the principles to be followed in determining the amount of compensation and method of payment of such compensation; (d) the principles to be followed in apportioning the cost of proceedings before the arbitrator and on appeal under this Act; (e) the manner of service of notices and orders; (f) any other matter which has to be, or may be, prescribed. 1[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **23. Validation of certain requisitions and acquisitions.—(1) All immovable property which** purports to have been requisitioned by a State Government for any public purpose, being a purpose of the Union, under any Provincial or State Act and which, immediately before the 25th day of January, 1952, was used or occupied by the Central Government or by an officer or authority subordinate to that Government shall, as from that date, be deemed to be property duly requisitioned under section 3 of this Act, and every such requisition shall, notwithstanding any judgment, decree or order of any Court, be deemed always to have been valid as if this Act had been in force on and from the date of the requisition and the requisition had been duly made by a competent authority under this Act, and all the provisions of this Act shall apply accordingly: Provided that all agreements and awards for the payment of compensation in respect of any such property for any period of requisition before the 25th day of January, 1952 and in force immediately before that date shall be valid and shall be deemed always to have been valid and shall continue to be in force and shall apply to the payment of compensation in respect of that property for any period of requisition after that date. (2) Every acquisition of immovable property purporting to have been made before the commencement of this Act by a State Government for any public purpose, being a purpose of the Union, under any enactment for the time being in force in that State and which, immediately before such commencement, was used or occupied by the Central Government or by an officer or authority subordinate to that Government shall, notwithstanding any defect in, or invalidity of, the enactment or 1. Subs. by Act 35 of 1980, s. 4, for sub-section (3) (w.e.f. 5-4-1980). ----- order under which the acquisition was made, be deemed for all purposes to have been validly made as if the provisions of the said enactment or order had been included and enacted in this section and this section had been in force on and from the date of the acquisition. **24.** **Repeals** **and** **savings.—(1)** The Requisitioned Land (Continuance of Powers) Act, 1947 (17 of 1947), the Delhi Premises (Requisition and Eviction) Act, 1947 (49 of 1947), and the Requisitioning and Acquisition of Immovable Property Ordinance, 1952 (3 of 1952), are hereby repealed. (2) For the removal of doubts, it is hereby declared that any property which immediately before such repeal was subject to requisition under the provisions of either of the said Acts or the said Ordinance shall, on the commencement of this Act, be deemed to be property requisitioned under section 3 of this Act, and all the provisions of this Act shall apply accordingly: Provided that— (a) all agreements and awards for the payment of compensation in respect of any such property for any period of requisition before the commencement of this Act and in force immediately before such commencement, shall continue to be in force and shall apply to the payment of compensation in respect of that property for any period of requisition after such commencement; (b) anything done or any action taken (including any orders, notifications or rules made or issued) in exercise of the powers conferred by or under either of the said Acts or the said Ordinance shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act was in force on the day in which such thing was done or action was taken. 1[25. Special provision as to certain requisitions under Act 51 of 1962.—(1) Notwithstanding anything contained in this Act, any immovable property requisitioned by the Central Government or by any officer or authority to whom powers in this behalf have been delegated by that Government, under the Defence of India Act, 1962 (51 of 1962), and the rules made thereunder (including any immovable property deemed to have been requisitioned under the said Act) which has not been released from such requisition before the 10th January, 1968, shall, as from that date, be deemed to have been requisitioned by the competent authority under the provisions of this Act for the purpose for which such property was held immediately before the said date and all the provisions of this Act shall apply accordingly: Provided that— (a) all determinations, agreements and awards for the payment of compensation in respect of any such property for any period of requisition before the said date and in force immediately before the said date, shall continue to be in force and shall apply to the payment of compensation in respect of that property for any period of requisition as from the said date; (b) anything done or any action taken (including any orders, notifications or rules made or issued) by the Central Government or by any officer or authority to whom powers in this behalf have been delegated by that Government, in exercise of the powers conferred by or under Chapter VI of the Defence of India Act, 1962 (51 of 1962), shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this section was in force on the date on which such thing was done or action was taken. (2) Save as otherwise provided in sub-section (1), the provisions of the Defence of India Act, 1962 (51 of 1962), and the rules made thereunder, in so far as those provisions relate to the requisitioning of any such immovable property as is referred to in sub-section (1), shall, as from the 10th January, 1968, cease to operate except as respects things done or omitted to be done before such cesser and section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply upon such cesser of operation as if such cesser were a repeal of an enactment by a Central Act.] 1. Ins. by Act 31 of 1968, s. 3 (w.e.f. 10-1-1968). ----- 1[26. Special provision as to certain requisitions under Act 42 of 1971.—(1) Notwithstanding anything contained in this Act, any immovable property requisitioned or purported to have been requisitioned by the Central Government or by any officer or authority to whom powers in this behalf have been delegated by that Government, under the Defence of India Act, 1971 (42 of 1971), and the rules made thereunder (including any immovable property deemed to have been requisitioned under the said Act), which has not been released from such requisition before the appointed day, shall,— (i) if such property was requisitioned on or before the 21st day of March, 1977, as from that date, and (ii) if such property was requisitioned at any time after such date, as from the date of its requisition, be deemed to have been requisitioned by the competent authority under the provisions of this Act for the purpose for which such property was held immediately before the appointed day and all the provisions of this Act shall apply accordingly: Provided that in determining the compensation payable under this Act in respect of any property so deemed to have been requisitioned under this Act, the sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the matters specified in clause (b) of sub-section (2) of section 8 shall be reduced by the sum or sums, if any, paid or payable in respect of such matter or matters as compensation in respect of such property under the Defence of India Act, 1971 (42 of 1971), and the rules made thereunder. (2) Save as otherwise provided in sub-section (1), the provisions of the Defence of India Act, 1971 (42 of 1971), and the rules made thereunder, in so far as those provisions relate to the requisitioning of any such immovable property as is referred to in sub-section (1), shall, as from the 21st March, 1977, cease to operate except as respects things done or omitted to be done before such cesser and section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply upon such cesser of operation as if such cesser were a repeal of an enactment by a Central Act. _Explanation.—In this section “appointed day” means the 23rd September, 1977.]_ 1. Ins. by Act 44 of 1977, s. 2 (w.e.f. 21-3-1977). -----

14-Mar-1952

31

The Presidential and Vice-Presidential Elections Act, 1952

https://www.indiacode.nic.in/bitstream/123456789/2167/1/195231.pdf

central

# THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS ACT, 1952 ______ ARRANGEMENT OF SECTIONS # ______ PART I PRELIMINARY SECTIONS 1. Short title. 2. Definitions. PART II CONDUCT OF PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS 3. Returning Officer and his assistants. 4. Appointment of dates for nominations, etc. 5. Public notice of election. 5A. Nomination of candidates. 5B. Presentation of nomination papers and requirements for a valid nomination. 5C. Deposit. 5D. Notice of nominations and the time and place for their scrutiny. 5E. Scrutiny of nominations. 6. Withdrawal of candidature. 7. Death of candidate before poll. 8. Procedure in contested and uncontested elections. 9. Manner of voting at elections. 10. Counting of votes. 11. Declaration of results. 12. Report of the result. PART III DISPUTES REGARDING ELECTIONS 13. Definitions. 14. Authority to try election petitions. 14A. Presentation of petition. 1 ----- SECTIONS 15. Form of petitions, etc., and procedure. 16. Relief that may be claimed by the petitioner. 17. Orders of the Supreme Court. 18. Grounds for declaring the election of a returned candidate to be void. 19. Grounds for which a candidate other than the returned candidate may he declared to have been elected. 20. Transmission of orders to the Central Government and its publication. PART IV MISCELLANEOUS 20A. Return or forfeiture of candidate‟s deposit. 21. Power to make rules. 22. Maintenance of secrecy of voting. 23. Jurisdiction of civil courts barred. The Presidential and Vice-Presidential Elections Rules, 1974. 2 ----- # THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS ACT, 1952 # ACT NO. 31 OF 1952 [14th March, 1952.] # An Act to regulate certain matters relating to or connected with elections to the offices of President and Vice-President of India. BE it enacted by Parliament as follows:— PART I PRELIMINARY **1. Short title.—This Act may be called the Presidential and Vice-Presidential Elections Act, 1952.** **2. Definitions.— In this Act, unless the contest otherwise requires,—** (a) “article” means an article of the Constitution; (b) “election” means a Presidential election or Vice-Presidential election; (c) “election Commission” means the Election Commission appointed by the President under article 324; (d) “Elector”, in relation to a Presidential election, means a member of the electoral college referred to in article 54, and in relation to a Vice-Presidential election, means [1][a member of the electoral college referred to in article 66;] (e) “prescribed” means prescribed by rules made under this Act; (f) “Presidential election” means an election to fill the office of the President of India; 2[(ff) “public holiday” means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881 (26 of 1881);] (g) “Returning Officer” includes an Assistant Returning Officer performing any function which he is [3][competent] to perform under sub-section (2) of section 3; (h) “Vice-Presidential election” means an election to fill the office of the Vice-President of India. PART II CONDUCT OF PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS **3. Returning Officer and his assistants.—(1) For the purposes of each election the Election** Commission shall, in consultation with the Central Government, appoint a Returning Officer who shall have his office in New Delhi and may also appoint one or more Assistant Returning Officers. (2) Subject to rules made under this Act, every Assistant Returning Officer shall be competent to perform all or any of the functions of the Returning Officer. 1. Subs. by Act 5 of 1974, s. 2, for “a member of either House of Parliament” (w.e.f. 23-3-1974). 2. Ins. by s. 2, ibid. (w.e.f. 23-3-1974). 3. Subs. by s. 2, ibid., for “authorised” (w.e.f. 23-3-1974). 3 ----- **4. Appointment of dates for nominations, etc.—[1][(1) The Election Commission shall, by** notification in the Official Gazette, appoint for every election— (a) the last date for making nominations, which shall be the fourteenth day after the date of publication of the notification under this sub-section, or, if that day is a public holiday, the next succeeding day which is not a public holiday; (b) the date for the scrutiny of nominations, which shall be the day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (c) the last date for the withdrawal of candidatures, which shall be the second day after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (d) the date on which a poll shall, if necessary, be taken, which shall be a date not earlier than the fifteenth day after the last date for the withdrawal of the candidatures.] (2) In the case of the first Presidential and Vice-Presidential elections, the notifications under sub-section (1) shall be issued as soon as may be after both Houses of Parliament have been constituted. (3) In the case of an election to fill a vacancy caused by the expiration of the term of office of the President or Vice-President, the notification under sub-section (1) shall be issued on, or as soon as conveniently may be after, the sixtieth day before the expiration of the term of office of the outgoing President or Vice-President, as the case may be, and the dates shall be so appointed under the said sub-section that the election will be completed at such time as will enable the President or the Vice-President thereby elected to enter upon his office on the day following the expiration of the term of office of the outgoing President or Vice-President, as the case may be. (4) In the case of an election to fill a vacancy in the office of President or Vice-President occurring by reason of his death, resignation or removal or otherwise, the notification under sub-section (1) shall be issued as soon as may be after the occurrence of such vacancy. 2[5. Public notice of election.—On the issue of a notification under sub-section (1) of section 4, the Returning Officer for the election shall give public notice of the intended election in such form and in such manner as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered. **5A. Nomination of candidates.—Any person may be nominated as a candidate for election to the** office of President or Vice-President if he is qualified to be elected to that office under the Constitution. **5B. Presentation of nomination papers and requirements for a valid nomination.—(1) On or** before the date appointed under clause (a) of sub-section (1) of section 4, each candidate shall, either in person or by any of his proposers or seconders, between the hours of eleven o‟clock in the forenoon and three o‟clock in the afternoon, deliver to the returning officer at the place specified in this behalf in the public notice issued under section 5 a nomination paper completed in the prescribed form and subscribed by the candidate as assenting to the nomination, and (a) in the case of Presidential election, also by at least [3][fifty electors] as proposers and at least 3[fifty electors] as seconders; 1. Subs. by Act 5 of 1974, s. 3, for sub-section (1) (w.e.f. .23-3-1974). 2. Subs. by s. 4, ibid., for section 5 (w.e.f. 23-3-1974) 3. Subs. by Act 35 of 1997, s. 2, for “ten electors” (w.e.f. 5-6-1997). 4 ----- (b) in the case of Vice-Presidential election, also by at least [1][twenty electors] as proposers and at least [1][twenty electors] as seconders: Provided that no nomination paper shall be presented to the Returning Officer on a day which is a public holiday. (2) Each nomination paper shall be accompanied by a certified copy of the entry relating to the candidate in the electoral roll for the parliamentary constituency in which the candidate is registered as an elector. (3) The Returning Officer shall not accept any nomination paper which is presented on any day before eleven o‟clock in the forenoon and after three o‟clock in the afternoon. (4) Any nomination paper which is not received before three o‟clock in the afternoon on the last date appointed under clause (a) of sub-section (1) of section 4 or to which the certified copy referred to in sub-section (2) of this section is not attached shall be rejected and a brief note relating to such rejection shall be recorded on the nomination paper itself. (5) No elector shall subscribe, whether as proposer or as seconder, more than one nomination paper at the same election and, if he does, his signature shall be inoperative on any paper other than the one first delivered. (6) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper for the same election: Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the Returning Officer. **5C. Deposit.—(1) A candidate shall not be deemed to be duly nominated for election unless he** deposits or causes to be deposited a sum of [2][fifteen thousand rupees]: Provided that where a candiate has been nominated by more than one nomination paper for the same election, not more than one deposit shall be required or him under this sub-section. (2) The sum required to be deposited under sub-section (1) shall not be deemed to have been deposited under that sub-section unless at the time of presentation of the nomination paper under sub-section (1) of section 5B, the candidate has either deposited or caused to be deposited that sum with the Returning Officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the Reserve Bank of India or in a Government Treasury. **5D. Notice of nominations and the time and place for their scrutiny.—On the presentation of a** nomination paper, the Returning Officer shall— (a) sign thereon a certificate stating the date and time of presentation of the nomination paper and enter thereon its serial number; (b) inform the person or persons presenting the nomination paper of the date, time and place fixed for the scrutiny of nominations; and (c) cause to be affixed in some conspicuous place in his office a copy of the nomination paper as certified and numbered under clause (a). **5E. Scrutiny of nominations.—(1) On the date fixed for the scrutiny of nominations under** sub-section (1) of section 4, the candidates, one proposer or one seconder of each candidate and one other 1. Subs. by Act 35 of 1997, s. 2, for “five electors” (w.e.f. 5-6-1997). 2. Subs. by s. 3, ibid., for “two thousand five hundred rupees” (w.e.f. 5-6-1997). 5 ----- person duly authorised in writing by each candidate, but no other person, shall be entitled to be present at the time of scrutiny of nominations and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have not been rejected under sub-section (4) of section 5B. (2) For the removal of doubts, it is hereby declared that it shall not be necessary to scrutinise on the date fixed for the scrutiny of nominations the nomination papers already rejected under sub-section (4) of section 5B. (3) The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination paper and may either on such objection or on his own motion, after such summary inquiry if any, as he thinks necessary, reject any nomination on any of the following grounds:— (a) that, on the date fixed for the scrutiny of nominations, the candidate is not eligible for election as President or Vice-President, as the case may be, under the Constitution; or (b) that any of the proposers or seconders is not qualified to subscribe a nomination paper under sub-section (1) of section 5B; or (c) that the nomination paper is not subscribed by the required number of proposers or seconders; or (d) that the signature of the candidate or any of the proposers or seconders is not genuine or has been obtained by fraud; or (e) that there has been a failure to comply with any of the provisions of section 5B or section 5C. (4) Nothing contained in clauses (b) to (e) of sub-section (3) shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed. (5) The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character. (6) The Returning Officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of sub-section (1) of section 4 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control: Provided that in case an objection is raised by the Returning Officer or is made by any other person the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the Returning Officer shall record his decision on the date to which the proceedings have been adjourned. (7) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection. (8) For the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to any of the disqualifications mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950).] **6. Withdrawal of candidature.—(1) Any candidate may withdraw his candidature by a notice in** writing in the prescribed form subscribed by him and delivered before three o‟clock in the afternoon on the date fixed under clause (c) of sub section (1) of section 4, to the Returning Officer either by such 6 ----- candidate in person or [1][by any one of his proposers or seconders] who has been authorised in this behalf in writing by such candidate. (2) No person who has given notice of withdrawal of his candidature under sub-section (1) shall be allowed to cancel the notice. 2[(3) The Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office.] **7. Death of candidate before poll.—If a candidate, whose nomination has been made and is found** to be in order on scrutiny, dies after the time fixed for nomination and a report of his death is received by the Returning Officer before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the Election Commission, and all proceedings with reference to the election shall be commenced a new in all respects as if for a new election: Provided that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the countermanding of the poll: Provided further that no person who has under sub-section (1) of section 6 given a notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding. **8. Procedure in contested and uncontested elections.—If after the expiry of the period within** which candidatures may be withdrawn under sub-section (1) of section 6— (a) there is only one candidate who has been validly nominated and has not withdrawn his candidature in the manner and within the time specified in that sub-section, the Returning Officer shall forthwith declare such candidate to be duly elected to the office of President or Vice-President, as the case may be; (b) the number of candidates who have been duly nominated but have not so withdrawn their candidatures exceeds one, the Returning Officer shall forthwith publish in such form and manner as may be prescribed a list containing the names in alphabetical order and addresses of candidates as given in the nomination papers, together with such other particulars as may be prescribed, and a poll shall be taken; (c) there is no candidate who has been duly nominated and has not so withdrawn his candidature, the Returning Officer shall report the fact to the Election Commission and thereafter all the proceedings in relation to the election shall be commenced afresh and for that purpose the Election Commission shall cancel the notification issued under sub-section (1) of section 4 in respect of such election and issue another notification under that sub-section appointing the dates referred to in that sub-section for the purposes of such fresh election. **9. Manner of voting at elections.—At every election where a poll is taken, votes shall be given by** ballot in such manner as may be prescribed, and no votes shall he received by proxy. **10. Counting of votes.—At every election where a poll is taken, votes shall be counted by, or under** the supervision of, the Returning Officer, and each candidate and one representative of each candidate authorised in writing by the candidate, shall have a right to be present at the time of counting. 1. Subs. by Act 5 of 1974, s. 5, for “by his proposer or seconder”. 2. Subs. by s. 5, ibid., for sub-section (3). 7 ----- **11. Declaration of results.—When the counting of the votes has been completed, the Returning** Officer shall forthwith declare the result of the election in the manner provided by this Act or the rules made thereunder. **12. Report of the result.—As soon as may be after the result of an election has been declared, the** Returning Officer shall report the result to the Central Government and the Election Commission, and the Central Government shall cause to be published in the Official Gazette the declaration containing the name of the person elected to the office of President or Vice-President, as the case may be. 1[PART III DISPUTES REGARDING ELECTIONS **13. Definitions.—In this Part, unless the context otherwise requires,—** (a) “candidate” means a person who has been or claims to have been duly nominated as a candidate at an election; (b) “costs” means all costs, charges and expenses of, or incidental to, a trial of an election petition; (c) “returned candidate” means a candidate whose name has been published under section 12 as duly elected. **14. Authority to try election petitions.—(1) No election shall be called in question except by** presenting an election petition to the authority specified in sub-section (2). (2) The authority having jurisdiction to try an election petition shall be the Supreme Court. (3) Every election petition shall be presented to such authority in accordance with the provisions of this Part and of the rules made by the Supreme Court under article 145. **14A. Presentation of petition.—(1) An election petition calling in question an election may be** presented on one or more of the grounds specified in sub-section (1) of section 18 and section 19, to the Supreme Court by any candidate at such election or— (i) in the case of Presidential election, by twenty or more electors joined together as petitioners; (ii) in the case of Vice-Presidential election, by ten or more electors joined together as petitioners. (2) Any such petition may be presented at any time after the date of publication of the declaration containing the name of the return candidate at the election under section 12, but not later than thirty days from the date of such publication. **15. Form of petitions, etc., and procedure.—Subject to the provisions of this Part, rules made** [whether before or after the commencement of the Presidential and Vice-Presidential Elections (Amendment) Act, 1977(20 of 1977)] by the Supreme Court under Article 145 may regulate the form of election petitions, the manner in which they are to be presented, the persons who are to be made parties thereto, the procedure to be adopted in connection therewith and the circumstances in which petitions are to abate, or may be withdrawn, and in which new petitioners may be substituted, and may require security to be given for costs. **16. Relief that may be claimed by the petitioner.—A petitioner may claim either of the following** declarations:— (a) that the election of the returned candidate is void; 1. Subs. by Act 20 of 1977, s. 2, for Part III. 8 ----- (b) that the election of the returned candidate is void and that he himself or any other candidate has been duly elected. **17. Orders of the Supreme Court.—(1) At the conclusion of the trial of the election petition, the** Supreme Court shall make an order— (a) dismissing the election petition; or (b) declaring the election of the returned candidate to be void; or (c) declaring the election of the returned candidate to be void and the petitioner or any other candidate to have been duly elected. (2) At the time of making an order under sub-section (1), the Supreme Court shall also make an order fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid. **18. Grounds for declaring the election of a returned candidate to be void.—(1) If the Supreme** Court is of opinion,— (a) that the offence of bribery or undue influence at the election has been committed by the returned candidate or by any person with the consent of the returned candidate; or (b) that the result of the election has been materially affected— (i) by the improper reception or refusal of a vote; under this Act; or (ii) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made; (iii) by reason of the fact that the nomination of any candidate (other than the successful candidate), who has not withdrawn his candidature, has been wrongly accepted; or (c) that the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate has been wrongly accepted; the Supreme Court shall declare the election of the returned candidate to be void. (2) For the purposes of this section, the offences of bribery and undue influence at an election have the same meaning as in Chapter IXA of the Indian Penal Code (45 of 1860). **19. Grounds for which a candidate other than the returned candidate may he declared to have** **been elected.—If any person who has lodged an election petition has, in addition to calling in question** the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Supreme Court is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, the Supreme Court shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected: Provided that the petitioner or such other candidate shall not be declared to be duly elected if it is proved that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election. **20. Transmission of orders to the Central Government and its publication.—The Supreme Court** shall, after announcing the orders made under section 17, send a copy thereof to the Central Government, and on receipt of such copy the Central Government shall forthwith cause the order to be published in the Official Gazette.] 9 ----- PART IV MISCELLANEOUS **1[20A. Return or forfeiture of candidate’s deposit.—(1) The deposit made under section 5C shall** either be returned to the person making it or his legal representative or be forfeited to the Central Government in accordance with the provisions of this section. (2) Except in cases hereafter mentioned in this section, the deposit shall be returned as soon as practicable after the result of the election is declared. (3) If the candidate is not shown in the list referred to in clause (b) of section 8, or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be. (4) Subject to the provisions of sub-section (3), the deposit shall be forfeited if at the election where the poll has been taken, the candidate is not elected, and the number of valid votes polled by such candidate does not exceed one-sixth of the number of votes necessary to secure the return of a candidate at such election.] **21. Power to make rules.—(1) The Central Government may, after consulting the Election** Commission, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the maintenance of a list of members of the electoral college referred to in article 54 with their addresses corrected up to date for the purposes of Presidential elections; (b) the maintenance of a list of [ 2][members of the electoral college referred to in article 66] with their addresses corrected up to date for the purposes of Vice-Presidential elections; (c) the powers and duties of a Returning Officer and the performance by any officer appointed to assist the Returning Officer of any function of the Returning Officer; 3[(cc) the form and manner in which public notice under section 5 shall be given by the Returning Officer.] (d) the form and manner in which nominations may be made and the procedure to be followed in respect of the presentation of nomination papers; (e) the scrutiny of nominations and, in particular, the manner in which such scrutiny shall be conducted and the conditions and circumstances under which any person may be present or may enter objections thereat; (f) the publication of a list of valid nominations; 4[(g) the place and hours of polling, the manner in with votes are to be given both generally and in the case of illiterate voters or voters not conversant with the language in which ballot papers are printed or voter under physical or other disability and the procedure as to voting to be followed at elections;] 1. Ins. by Act 5 of 1974, s. 8 (w.e.f. 23-3-1974). 2. Subs. by s. 9, ibid., for “members of both Houses of Parliament”. 3. Ins. by s. 9, ibid. 4. Subs. by s. 9, ibid., for clause (g). 10 ----- (h) the scrutiny and counting of votes including cases in which a re-count of the votes may be made before the declaration of the result of the election; (i) the safe custody of ballot boxes, ballot papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers; (j) any other matter required to be prescribed by this Act. 1[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form, or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **22. Maintenance of secrecy of voting.—(1) Every officer, clerk or other person who performs any** duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy. (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both. **23. Jurisdiction of civil courts barred.—Save as provided in Part III, no Civil Court shall have** jurisdiction to question the legality of any action taken or of any decision given by the Returning Officer or by any other person appointed under this Act in connection with an election. _____________ 1. Ins. by Act 5 of 1974, s. 9. 11 ----- THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS RULES, 1974 CHAPTER I _Preliminary_ **1.** **Short title and commencement.—(1) These rules[1] may be called the Presidential and** Vice-Presidential Elections Rules, 1974. (2) They shall come into force at once. **2. Interpretation.—(1) In these rules, unless the context otherwise requires,—** (a) “Act” means the Presidential and Vice-Presidential Elections Act, 1952 (31 of 1952); (b) “article” means an article of the Constitution of India; (c) “Form” means a Form appended to these rules; (d) “section” means a section of the Act. (2) The General Clauses Act, 1897 (10 of 1897), shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament. CHAPTER II _Nomination of candidates_ **3. Public notice of intended election.—The public notice of an intended election referred to in** section 5 shall be in Form 1 and shall be published by the Returning Officer by such means, in such language or languages and in such places as the Election Commission may direct. **4. Nomination paper.—Every nomination paper presented under sub-section (1) of section 5B shall** be completed in Form 2 or Form 3, as may be appropriate. **5. Notice of withdrawal of candidature.—(1) A notice of withdrawal of candidature under** sub-section (1) of section 6 shall be in Form 4. (2) On receipt of such notice, the Returning Officer shall note thereon the date on which and the hour at which it was delivered, and cause a copy thereof, together with the note, to be affixed in some conspicuous place in his office. **6. Preparation and publication of the list of contesting candidates.—In every case in which a poll** is to be taken under clause (b) of section 8, the Returning Officer shall, immediately after the expiry of the period within which candidature may be withdrawn under sub-section (1) of section 6— (a) prepare in Form 5 a list of contesting candidates (that is to say, candidates who have been duly nominated but have not withdrawn their candidatures within the time specified in that behalf), containing the names in alphabetical order as given in the nomination papers together with their addresses; (b) cause the list to be published in the Gazette of India and in such other manner as the Election Commission may direct; and (c) cause a copy of the list to be affixed in some conspicuous place in his office. 1. These rules were published with the Ministry of Law, Justice and Company Affairs (Legislative Department) Notification No. S.O. 305(E), dated 21st May, 1974. See Gazette of India, Extraordinary, Part II, Section 3 (ii). 12 ----- CHAPTER III _The Poll_ **7. Fixing place and time of polling for Presidential election.—At every Presidential election where** a poll is to be taken, the Election Commission shall— (a) fix a place of polling in the Parliament House in New Delhi, and also in the premises in each State in which the Legislative Assembly, if any, of that State meets for the transaction of business; (b) specify with reference to each such place of polling the group of electors who will be entitled to vote, and the hours during which the poll will be taken, at such place; and (c) give due publicity to the places so fixed and the groups of electors and the hours so specified. **8. Fixing place and time of polling for Vice-Presidential election.—At every Vice-Presidential** election where a poll is to be taken, the Election Commission shall— (a) fix a place of polling in the Parliament House in New Delhi; (b) specify the hours during which the poll will be taken; and (c) give due publicity to the place so fixed and the hours so specified. **9. Presiding and polling officers.—(1) The Returning Officer or such Assistant Returning Officer** as may be specified in this behalf by the Election Commission shall conduct the poll at each place of polling. Every such officer is hereinafter referred to as the presiding officer. (2) The presiding officer may appoint such polling officer or officers as he thinks necessary to assist him in taking the poll, but he shall not so appoint any person who has been employed by, or on behalf of, or has been working for, a candidate in or about the election. **10. Design and form of ballot papers.—(1) Every ballot paper shall have a counterfoil attached** thereto and the said ballot paper and the counterfoil shall be in such form, and the particulars therein shall be in such language or languages, as the Election Commission may direct. (2) The names of the candidates shall be printed on the ballot paper in the same order as in the list of contesting candidates published under rule 6. (3) Every presiding officer shall be supplied with a sufficient number of ballot papers by the Election Commission. **11. Ballot boxes.—Every ballot box used at the poll shall be of a design previously approved by the** Election Commission. **12. Procedure before the commencement of poll.—(1) The presiding officer shall, immediately** before the commencement of the poll, allow inspection of the ballot box to be used at the poll to such candidates and authorised representatives of candidates as may be present at the place of polling. (2) The presiding officer shall then secure and seal the box in such manner that the slit for the insertion of ballot papers remains open, and shall also allow such candidates and authorised representatives of candidates as may be present to affix their own seals, if they so desire. **13. Admission to the place of polling.—(1) The presiding officer shall exclude from the place of** polling all persons except— (a) the polling officers and other public servants on duty; (b) the candidates, and one representative authorised in writing by each candidate; (c) the electors; 13 ----- (d) persons authorised by the Election Commission; and (e) such other persons as the presiding officer may from time to time admit for the purpose of assisting him in taking the poll. (2) The presiding officer shall close the place of polling at the hour fixed under clause (b) of rule 7 or, as the case may be, under clause (b) of rule 8 for the close of the poll and shall not admit therein any elector after that hour: Provided that all electors present at the place before it is so closed shall be entitled to have their votes recorded. **14. Procedure for giving ballot papers.—(1) The polling officer shall be furnished with an authentic** list or part thereof of the electors entitled to vote at the place of polling. (2) Immediately before a ballot paper is delivered to an elector, a mark shall be placed against his name in that list, and the number of the elector as shown in that list shall be entered on the counterfoil of the ballot paper. (3) The elector shall sign his name in the list in token of receipt of the ballot paper, whereupon, but not earlier, the ballot paper shall be delivered to him. **15. Supply of fresh ballot paper in certain circumstances.—(1) An elector who has inadvertently** dealt with his ballot paper in such a manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and on satisfying him of the inadvertence, obtain another ballot paper in place of the ballot paper so delivered, and the latter shall, together with its counterfoil, be marked as cancelled by the presiding officer. (2) Any ballot papers so cancelled shall be kept in a separate envelope set apart for the purpose. **16. Return of unused ballot papers by electors.—If an elector after obtaining any ballot paper for** the purpose of recording his vote decides not to use the same, he shall return the ballot paper to the presiding officer, who shall mark it „Returned and cancelled‟ and keep it in a separate envelope set apart for the purpose. **17. Manner of recording votes.—(1) Every elector shall have as many preferences as there are** candidates but no ballot paper shall be considered invalid solely on the ground that all such preferences are not marked. (2) An elector in giving his vote— (a) shall place on his ballot paper the figure 1 in the space opposite the name of the candidate whom he chooses for his first preference; and (b) may, in addition, mark as many subsequent preferences as he wishes by placing on his ballot paper the figures 2, 3,4 and so on, in the spaces opposite the names of other candidates, in order of preference. _Explanation.—The figures referred to in clauses (a) and (b) of this sub-rule may be marked in the_ international form of Indian numerals or in the Roman form or in the form used in any Indian language but shall not be indicated in words. (3) The presiding officer shall, if requested by an elector, explain to him the instructions contained on the ballot paper for the recording of votes. **18. Maintenance of secrecy of voting by electors within place of polling and voting procedure.—** (1) Every elector to whom a ballot paper has been delivered under rule 14 shall maintain secrecy of voting within the place of polling and for that purpose observe the voting procedure hereinafter laid down. (2) An elector on receiving the ballot paper shall forthwith— (a) proceed to one of the voting compartments; 14 ----- (b) record his vote in accordance with sub-rule (2) of rule 17; (c) fold the ballot paper so as to conceal his vote; (d) insert the folded ballot paper into the ballot box; and (e) quit the place of polling. (3) Every elector shall vote without undue delay. (4) No elector shall be allowed to enter a voting compartment when another elector is inside it. **19. Recording of votes of illiterate or disabled elector.—(1) If an elector is unable to read the ballot** paper or to record his vote thereon in accordance with rule 17 by reason of illiteracy or blindness or, by not being conversant with the language in which the ballot papers are printed or, by reason of any physical or other disability, the presiding officer shall record the vote on the ballot paper in accordance with the wishes of the elector. (2) The elector shall then himself or with the assistance of the presiding officer fold up the ballot paper so as to conceal his vote and insert it into the ballot box. (3) While acting under this rule, the presiding officer shall observe as much secrecy as is feasible and shall keep a brief record of each such instance but shall not indicate therein the manner in which any vote has been cast. **20. Account of ballot papers.—(1) The presiding officer shall at the close of the poll prepare a ballot** paper account in Form 6 and enclose it in a separate cover with the words “Ballot Paper Account” superscribed thereon. (2) The presiding officer shall permit the authorised representative of a candidate, who so desires, to take a true copy of the entries in the ballot paper account and shall attest it as true copy. **21. Sealing up of ballot boxes and papers after the close of poll.—(1) As soon as practicable after** the close of poll the presiding officer shall, in the presence of such candidates and authorised representatives of candidates as may be present, close and seal up the slit as well as the ballot box. (2) He shall also make up into separate packets— (a) the copy of the list of electors marked in accordance with rule 14; (b) the counterfoils of ballot papers; (c) the ballot papers cancelled under rules 15 and 16; and (d) the unused ballot papers, and seal each such packet with his own seal and the seals of those candidates and authorised representatives of candidates who may desire to affix their seal thereon. **22. Transfer of ballot papers from ballot boxes in certain cases.—(1) Notwithstanding anything** contained in rule 21, the Election Commission may, at a Presidential election, direct the presiding officer at any place of polling other than the Parliament House in New Delhi to follow after the close of the poll the procedure laid down in this rule instead of the procedure laid down in sub-rule (1) of rule 21. (2) Where a direction has been issued under sub-rule (1), the presiding officer shall, as soon as practicable after the close of the poll, open the ballot box in the presence of such candidates and authorised representatives of candidates as may be present and transfer all the ballot papers contained in it without examining or counting them into a separate cover and record on such cover— (a) the name of the place of polling; and 15 ----- (b) the date of the poll. (3) After such transfer he shall allow the candidates and their authorised representatives who may be present, to inspect the ballot box and demonstrate to them that it is empty. (4) He shall then seal the cover with his own seal and the seals of those candidates and authorised representatives of candidates who may desire to affix their seals thereon. (5) The cover so sealed shall, for the purposes of rules 23, 25, 32 and 33, be deemed to be the ballot box used at that place of polling and the provisions of those rules shall apply accordingly. **23. Despatch and custody of ballot boxes and papers.—(1) At a Presidential election, the presiding** officer at every place of polling other than the Parliament House in New Delhi shall forthwith cause the sealed ballot box and packets and all other papers used at the poll to be sent to the Returning Officer in accordance with such general or special instructions as may be issued in that behalf by the Election Commission. (2) The Returning Officer shall make adequate arrangements for the safe custody of all sealed ballot boxes and packets and other papers used at the poll, until the commencement of the counting of votes. **24. Adjournment of poll in emergencies.—(1) If the proceedings at any place of polling are** interrupted or obstructed by riot or open violence, or if it is not possible to take the poll at any such place on account of a natural calamity or other sufficient cause, the presiding officer shall announce an adjournment of the poll to a date to be notified later, and immediately report the circumstances to the Election Commission and, unless he is the Returning Officer, also to the Returning Officer. (2) Whenever a poll is adjourned under sub-rule (1), the Election Commission shall, as soon as may be, fix the day on which, the place at which, and the hours during which the adjourned poll shall be taken, and shall notify the said details to all concerned in such manner as it may think fit. (3) On the date on which such adjourned poll is taken, the electors who have already voted at the poll before its adjournment will not be entitled to vote, but only the remaining electors who were entitled to vote at the place of polling before its adjournment may vote. **25. Fresh poll in case of destruction, etc., of ballot boxes.—(1) If at an election, any ballot box is** unlawfully taken away from the custody of the presiding officer or the Returning Officer or is in any way tampered with, destroyed or lost, the poll taken at the place of polling where that ballot box was used shall be deemed to have been vitiated; and the Returning Officer shall, as soon as practicable, report the matter to the Election Commission, which shall appoint a day for the taking of a fresh poll at that place and fix the hours during which it will be taken. (2) In every such case as aforesaid, the provisions of these rules shall apply to the fresh poll as they apply to the original poll. **26. Voting by electors under preventive detention.—(1) Notwithstanding anything in the fore** going provisions of this Chapter, an elector may, if he is subjected to preventive detention under any law for the time being in force, give his vote by postal ballot. (2) The Election Commission shall send by registered post to the officer-in-charge of the jail or other place where the elector is detained the appropriate ballot paper, together with a form of declaration of identity and attestation of signature and necessary envelopes specially prepared for the purpose and a letter of instructions, so as to reach that officer in good time before the date fixed for polling. (3) On the date of polling the said officer shall deliver the ballot paper and other necessary papers to the elector, allow him all reasonable facilities and sufficient time, not exceeding two hours, for recording his vote in accordance with the instructions of the Election Commission, and if and when the elector has so recorded his vote, send the ballot paper and other connected papers in a sealed cover, either by 16 ----- registered post or through a special messenger, to the Returning Officer so as to reach him before the time fixed for the counting of votes under rule 27. (4) It shall be the duty of every Government to intimate to the Election Commission at the appropriate time the names of electors, if any, who are subjected to preventive detention by or under the authority of that Government, together with the necessary particulars as to their places of detention. CHAPTER IV COUNTING OF VOTES AND DECLATATION OF RESULT **27. Place and time for counting of votes.—The counting of votes shall take place at the office of the** Returning Officer in New Delhi on such day and at such time as the Election Commission may appoint in this behalf; and the Election Commission shall give notice to all the candidates of the date and time so appointed. **28. Admission to the place fixed for counting.—The Returning Officer shall exclude from the** place fixed for counting of votes all persons except— (a) such persons as he may appoint to assist him in the counting; (b) the candidates and one representative at time a authorised in writing by each candidate; (c) public servants on duty in connection with the election; and (d) persons authorised by the Election Commission. **29. Maintenance of secrecy of voting.—Before the counting begins, the Returning Officer shall** read out the provisions of section 22 to the persons present. **30. Statement showing the number of votes of each elector at the Presidential election.—For the** purposes of every Presidential election, the Election Commission shall furnish the Returning Officer with a statement showing the number of votes which every elector has under the provisions of clause (2) of article 55; and every ballot paper put in by an elector at that election shall be deemed to represent as many votes as that elector is shown as having in that statement. **31. Ballot papers when invalid.—(1) A ballot paper shall be invalid on which—** (a) the figure 1 is not marked; or (b) the figure 1 is marked opposite the name of more than one candidate or is so marked as to render it doubtful to which candidate it is intended to apply; or (c) the figure 1 and some other figure are marked opposite the name of the same candidate; or (d) any mark is made by which the elector may afterwards be identified. _Explanation.—The figures referred to in clauses (a), (b) and (c) of this sub-rule may be marked_ in the international form of Indian numerals or in the Roman form or in the form used in any Indian language, but shall not be indicated in words. (2) A ballot paper shall also be invalid if, being a postal ballot paper, the signature of the elector is not duly attested. **32. Procedure upon opening each ballot box.—After each ballot box and also each sealed cover** (if any) received under sub-rule (3) of rule 26, has been opened, the Returning Officer shall— (a) count the number of ballot papers taken out there from and complete Part II of the Ballot Paper Account in Form 6; (b) scrutinise the ballot papers and separate those which in his opinion are valid from those which in his opinion are invalid, endorsing on the latter the word „rejected‟ and the ground of rejection; and 17 ----- (c) arrange all the valid ballot papers in parcels according to the first preferences recorded for each candidate: Provided that if, at a Presidential election, the ballot box used at a place of polling contains ballot papers of electors who, at their request are specially permitted by the Election Commission in pursuance of rule 7 to cast their votes at the said place of polling, such ballot papers shall, after the counting and recording in Form 6 is completed, be separated and added to the other ballot papers of the same kind used by electors in the same category and shall thereafter be scrutinised. **33. Determination of result.—After all the ballot boxes and sealed covers (if any) have been opened** and the ballot papers have been scrutinised and arranged, the Returning Officer shall proceed to determine the result of the voting in accordance with the instructions contained in the Schedule to these rules. **34. Recounting.—The Returning Officer may, either on his own initiative or at the instance of any** candidate or of the authorised representative of a candidate in the absence of that candidate, recount votes, whether once or more than once, when the Returning Officer is not satisfied as to the accuracy of a previous count: Provided that nothing herein contained shall make it obligatory on the Returning Officer to recount the same votes more than once. **35. Declaration of result.—(1) When the counting is complete and the result of the voting has been** determined, the Returning Officer shall forthwith— (a) announce the result to those present; (b) report the result to the Central Government and the Election Commission under section 12; (c) prepare and certify a return of the election in Form 7; and (d) seal up in separate packets the valid ballot papers and the rejected ballot papers and record on each such packet a description of its contents. (2) The Returning Officer shall, as soon as may be thereafter, forward the certified return to the Election Commission. CHAPTER V MISCELLENOUS **36. Custody of ballot boxes and election papers.—All ballot boxes used at the election and the** packets of ballot papers and all other papers relating to the election shall, after the election, be kept in such custody as the Election Commission may direct. **37. Production and inspection of election papers.—(1) The packets of ballot papers, whether valid** or rejected, and their counterfoils and the packets containing the lists of electors marked in accordance with rule 14 shall not be opened, nor shall their contents be inspected by, or produced before, any person or authority, except under the order of the Supreme Court or other competent court. (2) All other papers relating to the election shall be open to public inspection subject to such conditions and to the payment of such fee, if any, as the Election Commission may direct. **38. Disposal of election papers.—The packets and other papers referred to in rule 37 shall be** retained for a period of two years from the date of declaration of the result of the election, and shall thereafter be destroyed unless a direction to the contrary is given by the Supreme Court or other competent court or by the Election Commission. **39. Copies of return of election.—Copies of the certified return of the election referred to in rule 35** shall be furnished by the Election Commission on payment of a fee of one rupee per copy. **40. List of electors.—The Election Commission shall maintain a list of members of the electoral** college referred to in article 54 and a list of members of the electoral college referred to in article 66, with their addresses corrected up to date for the purposes, respectively, of Presidential election and Vice-Presidential election. **41. Repeal.—The Presidential and Vice-Presidential Election Rules, 1952, are hereby repealed.** 18 ----- **FORM 1** (See _rule 3)_ **PUBLIC NOTICE** **OF** **ELECTION TO THE OFFICE OF *PRESIDENT/*VICE-PRESIDENT OF INDIA** Whereas a notification under sub-section (1) of section 4 of the Presidential and Vice-Presidential Elections Act, 1952, for the holding of an election to fill the office of President/Vice-President of India has been issued by the Election Commission, I……………………., the Returning Officer for such election, do hereby give notice that— (i) nomination papers may be delivered by a candidate or any one of his proposers or seconders to the undersigned at his office in ………………New Delhi, or if he is unavoidably absent, to ……………………..at the said office between 11 a.m. and 3 p.m. on any day (other than a public holiday) not later than the……………………………; (ii) each nomination paper shall be accompanied by a certified copy of the entry relating to the candidate in the electoral roll for the Parliamentary constituency in which the candidate is registered as an elector; (iii) every candidate shall deposit or cause to be deposited a sum of [1][rupees fifteen thousand] only. This amount may be deposited in cash with the Returning Officer at the time of presentation of the nomination paper or deposited earlier in the Reserve Bank of India or in a Government Treasury and in the latter case a receipt showing that the said deposit of the sum has been so made is required to be enclosed with the nomination paper; (iv) forms of nomination papers may be obtained from the above said office at the times aforesaid; (v) the nomination papers, other than those rejected under sub-section (4) of section 5B of the Act, will be taken up for scrutiny at….(place) on…………………….(date) at …………….(hours); (vi) the notice of withdrawal of candidatures may be delivered by a candidate, or any one of his proposers or seconders who has been authorised in this behalf in writing by the candidate, to the undersigned at the place specified in paragraph (i) above before three o‟clock in the afternoon of …….(date); (vii) in the event of the election being contested, the poll will be taken on ………….(date) between hours of …………..and…………..at the places of polling fixed under the rules. _Place……………………._ (Signature)………… (Returning Officer) _Dated the………………._ (Designation)……………. *Strike off if inapplicable. 1. Subs. by S.O.431(E), dated 6[th] June,1997 (w.e.f. 6-6-1997). 19 ----- **FORM 2** (See _rule 4)_ **NOMINATION PAPER** **ELECTION TO THE OFFICE OF THE PRESIDENT OF INDIA** We hereby nominate……………………………………………………………................ (Full name and address of the candidate) as a candidate for election to the office of the President of India. We have verified, and do hereby declare, that the said candidate has completed the age of 35 years and is registered in the electoral roll for the Parliamentary constituency of…………………………………in the State of ……………… A certified copy of the entry in that electoral roll relating to the said candidate is attached. We further declare that we are members of the electoral college referred to in article 54 of the Constitution being elected members of the House of the People or Council of States or the Legislative Assembly as indicated hereunder and we append our signatures below in token of subscribing to this nomination:— **_Particulars of the proposers and their signatures_** SI. No. Full name Whether elected member of the house of the people/Council of States/Legislative Assembly State/Union territory (in the case of member elected to the House of the People or Council of States from a Union territory) in/ from which elected Signature Date 1 2 3 4 5 6 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. *etc. *[There should be at least fifty electors as proposers.][1] 1. Subs. by S.O. 431(E), dated 6th June, 1997 (w.e.f. 6-6-1997). 20 |1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. *etc.|Col2|Col3|Col4|Col5|Col6| |---|---|---|---|---|---| ----- **_Particulars of the seconders and their signatures_** S. l. No. Full name Whether elected State/Union territory member of the house (in the case of member of the People/Council elected to the House of of States/Legislative the People or Council Assembly of States from a Union territory) in/ from which elected 1 2 3 4 _etc._ *[There should be at least fifty electors as seconders.][1] I assent to this nomination. 1. Subs. by S.O. 431(E), dated 6th June, 1997 (w.e.f. 6-6-1997). 21 |S. l. No. Full name Whether elected State/Union territory Signature Date member of the house (in the case of member of the People/Council elected to the House of of States/Legislative the People or Council Assembly of States from a Union territory) in/ from which elected|Col2|Col3|Col4|Col5|Col6| |---|---|---|---|---|---| |1|2|3|4|5|6| |1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. *etc.|||||| ............................. _Signature of candidate_ _Date……………….._ ----- (To be filled by the Returning Officer) Serial Number of nomination paper………………………………………………………. This nomination paper was delivered to me at my office at…………..(hour) on……….(date) by the candidate/proposer………………(name)/seconder…………(name) with enclosures as indicated below purporting to be— (1) (2) _Date……………_ ………………….. _Returning Officer._ [Decision of the Returning Officer (if any) under sub-section (4) of section 5B I have rejected this nomination paper under sub-section (4) of section 5B of the Presidential and Vice-Presidential Elections Act, 1952 for the reasons given below— _Date…………._ ……………….. _Returning Officer]_ _Decision of the Returning Officer accepting or rejecting the nomination paper_ I have examined this nomination paper in accordance with section 5E of the Presidential and Vice-Presidential Elections Act, 1952 and decide as follows:— _Date……………._ …………………. _Returning Officer_ (Perforation)……………………………………………………………………..................................... 22 ----- _Receipt for Nomination Paper and Notice of Scrutiny_ (To be handed over to the person presenting the nomination paper) Serial Number of the nomination paper………………………………………………. The nomination paper of………………..(name), a candidate for election to the office of the President of India, was delivered to me at my office at………….(hour) on................................................ ..........(date) by the candidate/proposer....................(name)/seconder.................................(name). All nomination papers, other than those rejected under sub-section (4) of section 5B of the Presidential and Vice-Presidential Elections Act, 1952, will be taken up for scrutiny at………………………….(hour) on………………….(date) at………..(place). [2. The nomination paper of this candidate has been rejected by me under sub-section (4) of section 5B of the Presidential and Vice-Presidential Elections Act, 1952 for the reasons given below:—] _Date…………………………._ ……………………….. _Returning Officer_ [ ] Score out if not applicable. 23 ----- **FORM 3** (See _rule 4)_ **NOMINATION PAPER** **ELECTION TO THE OFFICE OF THE VICE-PRESIDENT OF INDIA.** We, the undersigned Members of the electoral college referred to in article 66 of the Constitution being Members of Parliament hereby nominate………………………………. ……………………………………(full name and address of candidate) as a candidate for election to the office of the Vice-President of India. We have verified, and do hereby declare, that the said candidate has completed the age of 35 years and is registered in the electoral roll for the Parliamentary constituency of ………………………in the State of ………………………………. A certified copy of the entry in that electoral roll relating to the said candidate is attached. We furnish our full particulars as indicated hereunder and append our signatures below in token of subscribing to this nomination. **_Particulars of the proposers and their signatures_** Sl. No. Full name Whether member of the House of the People/Council States State/Union territory from which Signature Date 1 2 3 4 5 6 _etc._ ***[There should be at least fifty electors as proposers.][1]** 1. Subs. by S.O. 431(E), dated 6th June, 1997 (w.e.f. 6-6-1997). 24 |1. 2. 3. 4. 5. 6. 7. 8. 9. 10. *etc.|Col2|Col3|Col4|Col5|Col6| |---|---|---|---|---|---| ----- **_Particulars of the seconders and their signatures_** Sl. No. Full name Whether member of the State/Union Signature House of the territory from People/Council of which elected States 1 2 3 4 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. *etc. *[There should be at least fifty electors as seconders.][1] I assent to this nomination. _Date........................_ 1. Subs. by S.O. 431(E), dated 6th June, 1997 (w.e.f. 6-6-1997). 25 |Sl. No. Full name Whether member of the State/Union Signature Date House of the territory from People/Council of which elected States|Col2|Col3|Col4|Col5|Col6| |---|---|---|---|---|---| |1|2|3|4|5|6| |1. 2. 3. 4. 5. 6. 7. 8. 9. 10. *etc.|||||| ………………….. _Signature of candidate._ ----- (To be filled by the Returning Officer) Serial Number of nomination paper………………………. This nomination was delivered to me at my office at……………(hour) on………………………..(date) by the candidate/proposer........................(name)/seconder..............(name) with enclosures as indicates below purporting to be— (1) (2) _Date…………….._ ……………………… _Returning Officer_ [Decision of the Returning Officer (if any) under sub-section (4) of section 5B I have rejected this nomination paper under sub-section (4) of section 5B of the Presidential and Vice-Presidential Elections Act, 1952, for the reasons given below:— _Date……………_ …………………. _Returning Officer]_ _Decision of the Returning Officer accepting or rejecting the nomination paper._ I have examined this nomination paper in accordance with section 5E of the Presidential and Vice-Presidential Elections Act, 1952 and decide as follows:— _Date……………_ …………………. _Returning Officer_ (Perforation)……………………………………………………………………………………….. 26 ----- _Receipt for nomination paper and notice of scrutiny_ (To be handed over to the person presenting the nomination paper) Serial Number of the nomination paper………………………………………………………. The nomination of …………………..(name), a candidate for election to the office of the Vice-President of India was delivered to me at my office at………………………(hour) on………………(date) by the candidate/proposer.........................(name)/seconder....................(name). All nomination papers other than those rejected under sub-section (4) of section 5B of the Presidential and Vice-Presidential Elections Act, 1952, will be taken up for scrutiny at…………………………………….(hour) on....................................(date) at.............................(place). [2. The nomination paper of this candidate has been rejected by me under sub-section (4) of section 5B of the Presidential and Vice-Presidential Elections Act, 1952, for the reasons given below:—] _Date…………….._ .................................. _Returning Officer_ [ ] Score out if not applicable. 27 ----- **FORM 4** [See rule 5(1)] NOTICE OF WITHDRAWL To _The Returning Officer for the election to the office of President/Vice-President of India._ I,………………………………..(name) of………….(address) a candidate at the above mentioned election do hereby give notice that I withdraw my candidature. _Place………………_ ………………......... _Date…………………_ _Signature of candidate_ ______________________________________________________________________________ Note:—The notice of withdrawal is required to be delivered under section 6(1) of the Presidential and Vice-Presidential Elections Act, 1952, by the candidate in person or by any one of his proposers or seconders who has been authorised in this behalf in writing by such candidate. 28 ----- **FORM 5** [See rule 6(a)] **ELECTION TO THE OFFICE OF PRESIDENT/VICE-PRESIDENT OF INDIA** _List of contesting Candidates_ Sl. No. Name of candidate Address of candidate 1. 2. 3. 4. etc. _Place..............................._ _Date.............................._ ............................... _Returning Officer_ 29 ----- **FORM 6** (See rule 20) **PART I—BALLOT PAPER ACCOUNT** **ELECTION TO THE OFFICE OF PRESIDENT/VICE-PRESIDENT OF INDIA** Name of the place of polling……………………………….. Serial Numbers Total Numbers From to 1. Ballot papers received 2. Ballot papers unused 3. Ballot papers issued to voters 4. Ballot papers cancelled. _Date……………….. ……………………………._ _Signature of Presiding Officer_ **PART II—RESULT OF COUNTING** (See rule 32) (1) Total number of ballot papers found in the ballot box (boxes) used at the place of polling………………………….. (2) Discrepancy if any between the total number as shown against item (1) in this Part and the total number of ballot papers issued to voters as shown in item 3 of Part I _minus the number of_ ballot papers cancelled as shown in item 4 of Part I. _Date………………………….._ ……………………………… _Signature of the Returning Officer._ 30 ----- FORM 7 [See rule 35(1)(c)] **RETURN OF ELECTION TO THE OFFICE OF PRESIDENT/VICE-PRESIDENT OF INDIA** 1 2 3 4 5 6 7 8 9 10 11 12 13 Name of Candidate Exhausted votes OTAL Total No. of valid ballot papers……………….representing …………………votes. Total number of invalid ballot papers…………..representing ……………..votes. I declare that (Name)……………………………………………………………………………….. (Address)………………………………………………………………………………. has been duly elected to the office of the President/Vice-President of India. _Place………………….._ _Date……………………. ………………………._ _Returning Officer_ 31 |1|2|3|4|5|6|7|8|9|10|11|12|13|14|15| |---|---|---|---|---|---|---|---|---|---|---|---|---|---|---| |Serial No.|Name of Candidate|Votes secured at first count|Votes credited at first exclusion|Total of columns 3 and 4|Votes credited at second exclusion|Total of columns 5 and 6|Votes credited at third exclusion|Total of columns 7 and 8|Votes credited at fourth exclusion|Total of columns 9 and 10||||| |||||||||||||||| |Exhausted votes||||||||||||||| |TOTAL||||||||||||||| ----- THE SCHEDULE (See rule 33) _Instructions for the determination of Result_ 1. In this Schedule— (1) the expression “continuing candidate” means any candidate not elected and not excluded from the poll at any given time. (2) the expression “first preference” means the figure I set opposite the name of any candidate, the expression “second preference” similarly means the figure 2, the expression “third preference” the figure 3, and so on; (3) the expression “next available preference” means the second or subsequent preference recorded in consecutive numerical order for a continuing candidate, preferences for candidates already excluded being ignored; (4) the expression “unexhausted paper” means a ballot paper on which a further preference is recorded for a continuing candidate; (5) the expression “exhausted paper” means a ballot paper on which no further preference is recorded for a continuing candidate, provided that a paper shall be deemed to be exhausted in any case in which— (a) the names of two or more candidates whether continuing or not are marked with the same figure, and are next in order of preference; or (b) the name of the candidate next in order of preference, whether continuing or not,is marked by a figure not following consecutively after some other figure on the ballot paper or by two or more figures. 2. Every ballot paper represents at each count— (a) in a Presidential election, the number of votes as determined under rule 30; and (b) in a Vice-Presidential election, one vote. 3. Ascertain the number of first preference votes secured by each candidate and credit him with that number. 4. Add up the numbers so credited to all the candidates, divide the total by two, and add one to the quotient disregarding any remainder. The resulting number is the quota sufficient to secure the turn of a candidate at the election. 5. If at the end of the first or any subsequent count, the total number of votes credited to any candidate is equal to, or greater than, the quota, or there is only one continuing candidate, that candidate is declared elected. 6. If at the end of any count, no candidate can be declared elected,— (a) exclude the candidate who up to that stage has been credited with the lowest number of votes. (b) examine all the ballot papers in his parcel and sub-parcels, arrange the unexhausted papers in sub-parcels according to the next available preferences recorded thereon for the continuing candidates, count the number of votes in each such sub-parcel and credit it to the candidate for whom 32 ----- such preference is recorded, transfer the sub-parcel to that candidate, and make as separate sub-parcel of all the exhausted papers; and (c) see whether any of the continuing candidates has, after such transfer and credit, secure the quota. If, when a candidate has to be excluded under clause (a) above, two or more candidates have been credited with the same number of votes and stand lowest on the poll, exclude that candidate who had secured the lowest number of first preference votes, and if that number also was the same in the case of two or more or more candidates, decide by lot which of them shall be excluded. All the sub-parcels of exhausted papers referred to in clause (b) above shall be set apart as finally dealt with and the votes recorded thereon shall not thereafter be taken into account. 33 -----

15-Mar-1952

35

The Mines Act, 1952

https://www.indiacode.nic.in/bitstream/123456789/2168/3/A1952-35.pdf

central

# THE MINES ACT, 1952 —— ARRANGEMENT OF SECTIONS —— CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Act not to apply in certain cases. 4. References to time of day. CHAPTER II INSPECTORS AND CERTIFYING SURGEONS 5. Chief Inspector and Inspectors. 6. Functions of Inspectors. 7. Powers of Inspectors of Mines. 8. Powers of special officer to enter, measure, etc. 9. Facilities to be afforded to Inspectors. 9A. Facilities to be provided for occupational health survey. 10. Secrecy of information obtained. 11. Certifying surgeons. CHAPTER III COMMITTEES 12. Committees. 13. Functions of the Committee. 14. Powers, etc., of the Committees. 15. Recovery of expenses. CHAPTER IV MINING OPERATIONS AND MANAGEMENT OF MINES 16. Notice to be given of mining operations. 17. Managers. 18. Duties and responsibilities of owners, agents and managers. CHAPTER V PROVISIONS AS TO HEALTH AND SAFETY 19. Drinking water. 1 ----- SECTIONS 20. Conservancy. 21. Medical appliances. 22. Powers of Inspectors when causes of danger not expressly provided against exist or when employment of persons is dangerous. 22A. Power to prohibit employment in certain cases. 23. Notice to be given of accidents. 24. Power of Government to appoint Court of inquiry in cases of accidents. 25. Notice of certain diseases. 26. Power to direct investigation of causes of disease. 27. Publication of reports. CHAPTER VI HOURS AND LIMITATION OF EMPLOYMENT 28. Weekly day of rest. 29. Compensatory days of rest. 30. Hours of work above ground. 31. Hours of work below ground. 32. Night shift. 33. Extra wages for overtime. 34. Prohibition of employment of certain persons. 35. Limitation of daily hours of work including overtime work. 36. Notices regarding hours of work. 37. Supervising Staff. 38. Exemption from provisions regarding employment. 39. Power to make exempting rules. 40. Employment of persons below eighteen years of age. 41. [Omitted.]. 42. [Omitted.]. 43. Power to require medical examination. 44. [Omitted.]. 45. Prohibition of the presence of persons below eighteen years of age in a mine. 46. Employment of women. 47. [Omitted.]. 2 ----- SECTIONS 48. Registers of persons employed. 49. Application of Chapter. 50. Leave defined. 51. Calendar year defined. 52. Annual leave with wages. 53. Wages during leave period. CHAPTER VII LEAVEWITH WAGES 54. Payment in advance in certain cases. 55. Mode of recovery of unpaid wages. 56. Power to exempt mines. CHAPTER VIII REGULATIONS, RULES AND BYE-LAWS 57. Power of Central Government to make regulations. 58. Power of Central Government to make rules. 59. Prior publication of regulation and rules. 60. Power to make regulations without previous publication. 61. Bye-laws. 61A. Laying of regulations, rules and bye-laws before Parliament. 62. Posting up of abstracts from Act, regulations, etc. CHAPTER IX PENALTIES AND PROCEDURE 63. Obstruction. 64. Falsification of records, etc. 65. Use of false certificates of fitness. 66. Omission to furnish plans, etc. 67. Contravention of provisions regarding employment of labour. 68. Penalty for employment of persons below eighteen years of age. 69. Failure to appoint manager. 70. Notice of accidents. 71. Owner, etc., to report to Chief Inspector in certain cases. 72. Obligation of persons employed in a mine. 72A. Special Provision for contravention of certain regulations. 3 ----- SECTIONS 72B. Special provision for contravention of orders under section 22. 72C. Special provision for contravention of law with dangerous results. 73. General provision for disobedience of orders. 74. Enhanced penalty after previous conviction. 75. Prosecution of owner, agent or manager. 76. Determination of owner in certain cases. 77. Exemption of owner, agent or manager from liability in certain cases. 78. Power of court to make orders. 79. Limitation of prosecutions. 80. Cognizance of offences. 80A. [Omitted.]. 81. Reference to Committee in lieu of prosecution in certain cases. CHAPTER X MISCELLANEOUS 82. Decision of question whether a mine is under this Act. 83. Power to exempt from operation of Act, regulations, etc., 84. Power to alter or rescind orders. 85. Application of Act to mines belonging to Government. 85A. Persons required to give notice, etc., legally bound to do so. 85B. Signing of returns, notices, etc. 85C. No fee or charge to be realised for facilities and conveniences. 86. Application of certain provisions of Act 63 of 1948 to mines. 87. Protection of action taken in good faith. 88. [Repealed.]. 4 ----- # THE MINES ACT, 1952 ACT NO. 35 OF 1952[1] [15th March, 1952.] # An Act to amend and consolidate the law relating to the regulation of labour and safety in mines. BE it enacted by Parliament as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1)This Act may be called the Mines Act, 1952.** (2) It extends to the whole of India [2]* * * (3) It shall come into force on such date[3] or dates as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States but not later than 3lst December, 1953. **2. Definitions.—[4][(1)] In this Act, unless the context otherwise requires,—** 5* - - - (b) “adult” means a person who has completed his eighteenth year; 6[(c) “agent”, when used in relation to a mine, means every person, whether appointed as such or not, who, acting or purporting to act on behalf of the owner, takes part in the management, control, supervision or direction of the mine or of any part thereof;] (d) Chief Inspector means the Chief Inspector of Mines appointed under this Act; 7[(e) “Committee” means a committee constituted under section 12;] (f) “day” means a period of twenty-four hours beginning at midnight; (g) “district magistrate” means, in a presidency-town, the person appointed by the Central Government to perform the duties of a district magistrate under this Act in that town; 8[(h)a person is said to be “employed” in a mine who works as the manager or who works under appointment by the owner, agent or manager of the mine or with the knowledge of the manager, whether for wages or not— (i) in any mining operation (including the concomitant operations of handling and transport of minerals up to the point of despatch and of gathering sand and transport thereof to the mine); (ii) in operations or services relating to the development of the mine including construction of plan therein but excluding construction of buildings, roads, wells and any building work not directly connected with any existing or future mining operations; 1. This Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s.3 and The Schedule and to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and The Schedule. 2. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1968, s. 2 and The Schedule. (w.e.f. 15-8-1968). 3. 1st July, 1952, vide Notification No. S.R.O. 967, dated 27th May, 1952, Gazette of India 1952, Part. II, sec.3. 4. Section 2renumbered as sub-section (1) thereof by Act 62 of 1959, s. 2 (w.e.f.16-1-1960). 5. Omitted by Act 42 of 1983, s. 2 (w.e.f. 31-5-1984). 6. Subs. by s.2, ibid., for clause (c) (w.e.f.31-5-1984). 7. Subs. by s.2, ibid., for clause (e) (w.e.f.31-5-1984). 8. Subs. by s.2, ibid., for clause (h) (w.e.f . 31-5-1984). 5 ----- (iii) in operating, servicing, maintaining or repairing any part of any machinery used in or about the mine; (iv) in operations, within the premises of the mine, of loading for despatch of minerals; (v) in any office of the mine; (vi) in any welfare, health, sanitary or conservancy, services required to be provided under this Act, or watch and ward, within the premises of the mine excluding residential area; or (vii) in any kind of work whatsoever which is preparatory or incidental to, or connected with, mining operations;] (i) “Inspector” means an Inspector of Mines appointed under this Act, and includes a district magistrate when exercising any power or performing any duty of an Inspector which he is empowered by this Act to exercise or perform; 1* - - - 2[(j) “mine” means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes— (i) all borings, bore holes, oil wells and accessory crude conditioning plants, including the pipe conveying mineral oil within the oilfields; (ii) all shafts, in or adjacent to and belonging to a mine, whether in the course of being sunk or not; (iii) all levels and inclined planes in the course of being driven; (iv) all open cast workings; (v) all conveyors or aerial ropeways provided for the bringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom; (vi) all adits, levels, planes, machinery, works, railways, tramways and sidings in or adjacent to and belonging to a mine; (vii) all protective works being carried out in or adjacent to a mine; (viii) all workshops and stores situated within the precincts of a mine and under the same management and used primarily for the purposes connected with that mine or a number of mines under the same management; (ix) all power stations, transformer sub-stations, convertor stations, rectifier stations and accumulator storage stations for supplying electricity solely or mainly for the purpose of working the mine or a number of mines under the same management; (x) any premises for the time being used for depositing sand or other material for use in a mine or for depositing refuse from a mine or in which any operations in connection with such sand, refuse or other material is being carried on, being premises exclusively occupied by the owner of the mine; (xi) any premises in or adjacent to and belonging to a mine on which any process ancillary to the getting, dressing or preparation for sale of minerals or of coke is being carried on;] 1. Omitted by Act 42 of 1983, s. 2 (w.e.f. 31-5-1984). 2. Subs. by s.2, ibid. for clause (j) (w.e.f 31-5-1984). 6 ----- (jj) “minerals” means all substances which can be obtained from the earth by mining, digging, drilling, dredging, hydraulicing, quarrying or by any other operation and includes mineral oils (which in turn include natural gas and petroleum); 1* - - - (k) “office of the mine” means an office at the surface of the mine concerned; 2[(kk) “open cast working” means a quarry, that is to say, an excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, not being a shaft or an excavation which extends below superjacent ground;] (l) “owner”, when used in relation to a mine, means any person who is the immediate proprietor or lessee or occupier of the mine or of any part thereof and in the case of a mine the business whereof is being carried on by a liquidator or receiver, such liquidator or receiver[3]*** but does not include a person who merely receives a royalty, rent or fine from the mine, or is merely the proprietor of the mine, subject to any lease, grant or licence for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine; but [4][any contractor or sub-lessee] for the working of a mine or any part thereof shall be subject to this Act in like manner as if he were an owner, but not so as to exempt the owner from any liability; (m) “prescribed “ means prescribed by rules, regulations or bye-laws, as the case may be; 5[(n) “qualified medical practitioner” means a medical practitionerwho possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and who is enrolled on a State medical register as defined in clause (k) of that section;] (o) “regulations”, “rules” and “bye-laws” mean respectively regulations, rules and bye-laws made under this Act; (p) where work of the same kind is carried out by two or more sets of persons working during different periods of the day each of such sets is called a “relay”[6][and each of such periods is called a “shift”]; 7[(pp) “reportable injury” means any injury other than a serious bodily injury which involves, or in all probability will involve, the enforced absence of the injured person from work for a period of seventy-two hours or more;] 8[(q) “serious bodily injury” means any injury which involves, or in all probability will involve, the permanent loss of any part or section of a body or the use of any part or section of a body, or the permanent loss of or injury to the sight or hearing or any permanent physical incapacity or the fracture of any bone or one or more joints or bones of any phalanges of hand or foot; (r) “week” means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector or an Inspector.] 1. Clause (jjj) omitted by Act 42 of 1983, s. 2 (w.e.f. 31-5-1984). 2. Ins. by Act 62 of 1959, s. 2 (w.e.f. 16-1-1960). 3. Certain words omitted by Act 42 of 1983,s. 2 (w.e.f. 31-5-1984). 4. Subs. by s. 2, ibid., for “any contractor” (w.e.f. 31-5-1984). 5. Subs. by s. 2, ibid., for clause (n) (w.e.f. 31-5-1984). 6. Added by Act 62 of 1959, s. 2 (w.e.f. 16-1-1960). 7. Ins. by Act 42 of 1983, s. 2 (w.e.f. 31-5-1984). 8. Subs. by s. 2, ibid., for clauses (q) and (r) (w.e.f. 31-5-1984). 7 ----- 1[(2) A person working or employed in or in connection with a mine is said to be working or employed— (a) “below ground” if he is working or employed— (i) in a shaft which has been or is in the course of being sunk; or (ii) in any excavation which extends below superjacent ground; and (b) “above ground” if he is working in an open cast working or in any other manner not specified in clause (a).] 2[3. Act not to apply in certain cases.—(1) The provisions of this Act, except those contained in 3[sections 7,8,9,40,45 and 46] shall not apply to— (a) any mine or part thereof in which excavation is being made for prospecting purposes only and not for the purpose of obtaining minerals for use or sale: Provided that— (i) not more than twenty persons are employed on any one day in connection with any such excavation; (ii) the depth of the excavation measured from its highest to its lowest point nowhere exceeds six metres or, in the case of an excavation for coal, fifteen metres; and (iii)no part of such excavation extends below superjacent ground; or (b) any mine engaged in the extraction of kankar, murrum, laterite, boulder, gravel, shingle, ordinary sand (excluding moulding sand, glass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, [4][slate], road metal, earth, fullers earth, [4][, marl, chalk] and lime stone: Provided that— (i) the workings do not extend below superjacent ground; or (ii) where it is an open cast working— (a) the depth of the excavation measured from its highest to its lowest point nowhere exceeds six metres; (b) the number of persons employed on any one day does not exceed fifty; and (c) explosives are not used in connection with the excavation. (2) Notwithstanding anything contained in sub-section (1), the Central Government may, if it is satisfied that, having regard to the circumstances obtaining in relation to a mine or part thereof or group or class of mines, it is necessary or desirable so to do, by notification in the Official Gazette, declare that any of the provisions of this Act, not set out in sub-section (1), shall apply to any such mine or part thereof or group or class of mines or any class of persons employed therein. (3) Without prejudice to the provisions contained in sub-section (2), if at any time any of the conditions specified in the proviso to clause (a) or clause (b) of sub-section (1) is not fulfilled in relation to any mine referred to in that sub-section, the provisions of this Act notset out in sub-section (1), shall become immediately applicable, and it shall be the duty of the owner, agent or manager of the mine to inform the prescribed authority in the prescribed manner and within the prescribed time about the non-fulfilment.] 1. Ins. by Act 62 of 1959, s. 2 (w.e.f. 16-1-1960). 2. Subs. by s. 3, ibid., for s. 3 (w.e.f. 16-1-1960). 3. Subs. by Act 42 of 1983, s. 3, for “sections 7, 8, 9, 44, 45 and 46” (w.e.f. 31-5-1984). 4. Ins. by s. 3, ibid. (w.e.f. 31-5-1984). 8 ----- **4. References to time of day.—In this Act, references to time of day are references to Indian** standard time, being five and a half hours ahead of Greenwich mean time: Provided that, for any area in which Indian standard time is not ordinarily observed, the Central Government may make rules— (a) specifying the area; (b) defining the local mean time ordinarily observed therein; and (c) permitting such time to be observed in all or any of the mines situated in the area. CHAPTER II INSPECTORS AND CERTIFYING SURGEONS **5. Chief Inspector and Inspectors.—(1)The Central Government may, by notification in the** Official Gazette, appoint such a person as possesses the prescribed qualifications to be Chief Inspector of Mines for all the territories to which this Act extends and such persons as possess the prescribed qualifications to be Inspectors of Mines subordinate to the Chief Inspector. (2) No person shall be appointed to be Chief Inspector or an Inspector, or having been appointed shall continue to hold such office, who is or becomes directly or indirectly interested in any mine or mining rights in India. (3) The district magistrate may exercise the powers and perform the duties of an Inspector subject to the general or special orders of the Central Government: Provided that nothing in this sub-section shall be deemed to empower a district magistrate to exercise any of the powers conferred by [1][section 22 or section 22A] or section 61. (4)The Chief Inspector and all Inspectors shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860). 2[6. Functions of Inspectors.—(1)The Chief Inspector may, with the approval of the Central Government and subject to such restrictions or conditions as he may think fit to impose, by order in writing, authorise any Inspector named or any class of Inspectors specified in the order to exercise such of the powers of the Chief Inspector under this Act (other than those relating to appeals) as he may specify. (2)The Chief Inspector may, by order in writing, prohibit or restrict the exercise by any Inspector named or any class of Inspectors specified in the order of any power conferred on Inspectors under this Act. (3)Subject to the other provisions contained in this section, the Chief Inspector shall declare the local area or areas within which or the group or class of mines with respect to which Inspectors shall exercise their respective powers.] **7. Powers of Inspectors of Mines.—(1)The Chief Inspector and any Inspector may—** (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and of the regulations, rules and bye-laws and of any orders made thereunder are observed in the case of any mine; (b) with such assistants, if any, as he thinks fit, enter, inspect and examine any mine or any part thereof at any time by day or night: Provided that the power conferred by this clause shall not be exercised in such a manner as unreasonably to impede or obstruct the working of any mine; 1. Subs. by Act 42 of 1983, s. 4, for “section 22” (w.e.f. 31-5-1984). 2. Subs. by Act 62 of 1959. s. 4, for s. 6 (w.e.f. 16-1-1960). 9 ----- (c) examine into, and make inquiry respecting, the state and condition of any mine or any part thereof, the ventilation of the mine, the sufficiency of the bye-laws for the time being in force relating to the mine, and all matters and things connected with or relating to the health, safety and welfare of the persons employed in the mine, and take whether on the precincts of the mine or elsewhere, statements of any person which he may consider necessary for carrying out the purposes of this Act; (d) exercise such other powers as may be prescribed by regulations made by the Central Government in' this behalf: Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself. (2) The Chief Inspector and any Inspector may, if he has reason to believe, as a result of any inspection, examination or inquiry under this section, that an offence under this Act has been or is being committed, search any place and take possession [1][of any material or any plan, section, register or other record] appertaining to the mine, and the provisions of the [2][Code of Criminal Procedure, 1973 (2 of 1974)] shall so far as may be applicable, apply to any search or seizure under this Act as they apply to any search or seizure made under the authority of a warrant issued under [3][section 94] of that Code. **8.Powers of special officer to enter,measure, etc.—Any person in the service of the** Government duly authorised in this behalf by a special order in writing of the Chief Inspector or of an Inspector may, for the purpose of surveying, leveling or measuring any mine [4][or any output therefrom], after giving not less than three days’ notice to the manager of such mine, enter the mine and may survey, level or measure the mine or any part thereof [4][or any output therefrom] at any time by day or night: Provided that, where in the opinion of the Chief Inspector or of an Inspector an emergency exists, he may, by order in writing, authorise any such person to enter the mine for any of the aforesaid purposes without giving any such notice. **9. Facilities to be afforded to Inspectors.—Every owner, agent and manager of a mine shall** afford the Chief Inspector and every Inspector and every person authorised under section 8 all reasonable facilities for making any entry, inspection, survey, measurement, examination or inquiry under this Act. 5[9A. Facilities to be provided for occupational health survey.—(1) The Chief Inspector or an Inspector or other officer authorised by him in writing in this behalf may, at any time during the normal working hours of the mine or at any time by day or night as may be necessary, undertake safety and occupational health survey in a mine after giving notice in writing to the manager of the mine; and the owner, agent or manager of the mine shall afford all necessary facilities (including facilities for the examination and testing of plant and machinery, for the collection of samples and other data pertaining to the survey and for the transport and examination of any person employed in the mine chosen for the survey) to such Inspector or officer. (2) Every person employed in a mine who is chosen for examination in any safety and occupational health survey under sub-section (1) shall present himself for such examination and at such place as may be necessary and shall furnish all information regarding his work and health in connection with the said survey. (3) The time spent by any person employed in a mine who is chosen for examination in the safety and occupational health survey, shall be counted towards his working time, so however that any overtime shall be paid at the ordinary rate of wages. 1. Subs. by Act 62 of 1959, s. 5, for “of any register or other record” (w.e.f. 16-1-1960). 2. Subs by Act 42 of 1983, s. 5, for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 31-5-1984). 3. Subs. by s. 5, ibid., for “section 98” (w.e.f. 31-5-1984). 4. Ins. by s. 6, ibid. (w.e.f. 31-5-1984). 5. Ins. by s. 7, ibid. (w.e.f. 31-5-1984). 10 ----- _Explanation.—For the purposes of this sub-section, “ordinary rate of wages” means the basic_ wages plus any dearness allowance and underground allowance and compensation in cash including such compensation, if any, accruing through the free issue of foodgrains and edible oils as persons employed in a mine may, for the time being, be entitled to, but does not include a bonus (other than a bonus given as incentive for production) or any compensation accruing through the provision of amenities such as free housing, free supply of coal, medical and educational facilities, sickness allowance, supply of kerosene oil, baskets, tools and uniforms. (4) Any person who, on examination under sub-section (2), is found medically unfit to discharge the duty which he was discharging in a mine immediately before such presentation shall be entitled to undergo medical treatment at the cost of the owner, agent and manager with full wages during the period of such treatment. (5) If, after the medical treatment, the person referred to in sub-section (4) is declared medically unfit to discharge the duty which he was discharging in a mine immediately before presenting himself for the said examination and such unfitness is directly ascribable to his employment in the mine before such presentation, the owner, agent and manager shall provide such person with an alternative employment in the mine for which he is medically fit: Provided that where no such alternative employment is immediately available, such person shall be paid by the owner, agent and manager disability allowance determined in accordance with the rates prescribed in this behalf: Provided further that where such person decides to leave his employment in the mine, he shall be paid by the owner, agent and manager a lump sum amount by way of disability compensation determined in accordance with the rates prescribed in this behalf. (6) The rates under the provisos to sub-section (5) shall be determined having regard to the monthly wages of the employees, the nature of disabilities and other related factors.] **10. Secrecy of information obtained.—(1) All copies of, and extracts from, registers or other** records appertaining to any mine and all other information acquired by the Chief Inspector or an Inspector or by any one assisting him, in the course of the inspection [1][or survey] of any mine under this Act or acquired by any person authorised under section 8 [1][or section 9A] in the exercise of his duties thereunder, shall be regarded as confidential and shall not be disclosed to any person or authority unless the Chief Inspector or the Inspector considers disclosure necessary to ensure the health, safety or welfare of any person employed in the mine or in any other mine adjacent thereto. (2) Nothing in sub-section (1) shall apply to the disclosure of any such information (if so required) to— (a) any Court; 2[(b) a Committee or court of inquiry constituted or appointed under section 12 or section 24 as the case may be;] (c) an official superior or the owner, agent or manager of the mine concerned; (d) a Commissioner for workmen’s compensation appointed under the Workmen's Compensation Act, 1923 (8 of 1923); 3[(e)the Controller, Indian Bureau of Mines; (f)any registered or recognised trade union; 1. Ins. by Act 42 of 1983, s. 8 (w.e.f. 31-5-1984). 2. Subs. by s. 8, ibid., for clause (b) (w.e.f. 31-5-1984). 3. Subs. by s. 8, ibid., for clause (e) (w.e.f. 31-5-1984). 11 ----- (g)such other officer, authority or organisation as may be specified in this behalf by the Central Government.] (3) If the Chief Inspector, or an Inspector or any other person referred to in sub-section (1) discloses, contrary to the provisions of this section, any such information as aforesaid without the consent of the Central Government, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (4) No court shall proceed to the trial of any offence under this section except with the previous sanction of the Central Government. **11. Certifying surgeons.—(1) The Central Government may appoint qualified medical** practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such mine or class or description of mines as it may assign to them respectively. (2) Subject to such conditions as the Central Government may think fit to impose, a certifying surgeon may, with the approval of the Central Government, authorise any qualified medical practitioner to exercise all or any of his powers under this Act for such period as the certifying surgeon may specify, and references to a certifying surgeon shall be deemed to include references to any qualified medical practitioner when so authorised. (3) No person shall be appointed to be, or authorised to exercise the powers of, a certifying surgeon, or, having been so appointed or authorised, continue to exercise such powers, who is or becomes the owner, agent or manager of a mine, or is or becomes directly or indirectly interested therein, or in any process or business carried on therein or in any patent or machinery connected therewith, or is otherwise in the employment of the mine. (4) The certifying surgeon shall carry out such duties as may be prescribed in connection with— 1* - - - (b) the examination of persons engaged in a mine in such dangerous occupations or processes as may be prescribed; (c) the exercise of such medical supervision as may be prescribed for any mine or class or description of mines where— (i) cases of illness have occurred which it is reasonable to believe are due to the nature of any process carried on or other conditions of work prevailing in the mine; 1* - - - CHAPTER III 2 [COMMITTEES] **12. Committees.—(1)The Central Government shall, with effect from such date as that** Government may, by notification in the Official Gazette, specify in this behalf, constitute for the purposes of this Act, a Committee consisting of— (a) a person in the service of the Government, not being the Chief Inspector or an Inspector, appointed by the Central Government to act as Chairman; (b) the Chief Inspector of Mines; (c) two persons to represent the interests of miners appointed by the Central Government; (d) two persons to represent the interests of owners of mines appointed by the Central Government; 1. Omitted by Act 42 of 1983, s. 9 (w.e.f. 31-5-1984). 2. Subs. by s. 10, ibid., for the heading “MINING BOARDS AND COMMITTEES” (w.e.f. 31-5-1984). 12 ----- (e) two qualified mining engineers not directly employed in the mining industry, appointed by the Central Government: Provided that one at least of the persons appointed under clause (c) shall be for representing the interests of workers in coal mines and one at least of the persons appointed under clause (d) shall be for representing the interests of owners of coal mines. (2) Without prejudice to the generality of sub-section (1), the Central Government may constitute one or more Committees to deal with specific matters relating to any part of the territories to which this Act extends or to a mine or a group of mines and may appoint members thereof and the provisions of sub-section (1) (except the proviso thereto) shall apply for the constitution of any Committee under this sub-section as they apply for the constitution of a Committee under that sub-section. (3) No act or proceeding of a Committee shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution thereof. **13. Functions of the committee.—(1)The Committee constituted under sub-section (1) of section** 12 shall— (a) consider proposals, for making rules and regulations under this Act and make appropriate recommendations to the Central Government; (b) enquire into such accidents or other matters as may be referred to it by the Central Government from time to time and make reports thereon; and (c) subject to the provisions of sub-section (2), hear and decide such appeals or objections against notices or orders under this Act or the regulations, rules or bye-laws thereunder, as are required to be referred to it by this Act or as maybe prescribed. (2) The Chief Inspector shall not take part in the proceedings of the Committee with respect to any appeal or objection against an order or notice made or issued by him or act in relation to any matter pertaining to such appeal or objection as a member of the Committee. **14. Powers, etc., of the committees.—(1)A Committee constituted under section 12 may exercise** such of the powers of an Inspector under this Act as it thinks necessary or expedient to exercise for the purposes of discharging its functions under this Act. (2) A Committee constituted under section 12 shall, for the purposes of discharging its functions, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely:— (a) discovery and inspection; (b) enforcing the attendance of any person and examining him on oath; (c) compelling the production of documents; and (d) such other matters as may be prescribed.] **15. Recovery of expenses.—The Central Government may direct that the expenses of any inquiry** conducted by [1][a Committee constituted under section12] shall be borne in whole or in part by the owner or agent of the mine concerned, and the amount so directed to be paid may, on application by the Chief Inspector or an Inspector to a magistrate having jurisdiction at the place where the mine is situated or where such owner or agent is for the time being resident, be recovered by the distress and sale of any movable property within the limits of the magistrate's jurisdiction belonging to such owner or agent: Provided that the owner or his agent has not paid the amount within six weeks from the date of receiving the notice from the Central Government or the Chief Inspector of Mines. 1. Subs. by Act 42 of 1983, s. 11, for certain words (w.e.f. 31-5-1984). 13 ----- CHAPTER IV MINING OPERATIONS AND MANAGEMENT OF MINES **16. Notice to be given of mining operations.—(1) The owner, agent or manager of a mine shall,** before the commencement of any mining operation, give to the Chief Inspector, the [1][Controller], Indian Bureau of Mines and the district magistrate of the district in which the mine is situate, notice in writing in such form and containing such particulars relating to the mine as may be prescribed. (2) Any notice given under sub-section (1) shall be so given as to reach the persons concerned at least one month before the commencement of any mining operation. 2[17.Managers.—(1) Save as may be otherwise prescribed, every mine shall be under a sole manager who shall have the prescribed qualification and the owner or agent of every mine shall appoint a person having such qualification to be the manager: Provided that the owner or agent may appoint himself as manager if he possesses the prescribed qualifications. (2) Subject to any instructions given to him by or on behalf of the owner or agent of the mine, the manager shall be responsible for the overall management, control, supervision and direction of the mine and all such instructions when given by the owner or agent shall be confirmed in writing forthwith. (3)Except in case of an emergency, the owner or agent of a mine or anyone on his behalf shall not give, otherwise than through the manager, instructions affecting the fulfilment of his statutory duties, to a person, employed in a mine, who is responsible to the manager. **18. Duties and responsibilities of owners, agents and managers.—(1) The owner and agent of** every mine shall each be responsible for making financial and other provisions and for taking such other steps as may be necessary for compliance with the provisions of this Act and the regulations, rules, bye-laws and orders made thereunder. (2)The responsibility in respect of matters provided for in the rules made under clauses (d), (e) and (p) of section 58 shall be exclusively carried out by the owner and agent of the mine and by such person (other than the manager) whom the owner or agent may appoint for securing compliance with the aforesaid provisions. (3) If the carrying out of any instructions given under sub-section (2) or given otherwise than through the manager under sub-section (3) of section 17, results in the contravention of the provisions of this Act or of the regulations, rules, bye-laws or orders made thereunder, every person giving such instructions shall also be liable for the contravention of the provisions concerned. (4) Subject to the provisions of sub-sections (1), (2) and (3), the owner, agent and manager of every mine shall each be responsible to see that all operations carried on in connection with the mine are conducted in accordance with the provisions of this Act and of the regulations, rules, bye-laws and orders made thereunder. (5) In the event of any contravention by any person whosoever of any of the provisions of this Act or of the regulations, rules, bye-laws or orders made thereunder except those which specifically require any person to do any act or thing or prohibit any person from doing an act or thing, besides the person who contravenes, each of the following persons shall also be deemed to be guilty of such contravention unless he proves that he had used due diligence to secure compliance with the provisions and had taken reasonable means to prevent such contravention:— (i)the official or officials appointed to perform duties of supervision in respect of the provisions contravened; 1. Subs. by. Act 42 of 1983, s. 12, for “Director” (w.e.f. 31-5-1984). 2. Subs. by s. 13, ibid., for sub-sections 17 and 18 (w.e.f. 31-5-1984). 14 ----- (ii)the manager of the mine; (iii)the owner and agent of the mine; (iv) the person appointed, if any, to carry out the responsibility under sub-section (2): Provided that any of the persons aforesaid may not be proceeded against if it appears on inquiry and investigation,that he is not prima facie liable. (6) It shall not be a defence in any proceedings brought against the owner or agent of a mine under this section that the manager and other officials have been appointed in accordance with the provisions of this Act or that a person to carry the responsibility under sub-section (2) has been appointed.] CHAPTER V PROVISIONS AS TO HEALTH AND SAFETY **19. Drinking Water.—[1][(1)In every mine effective arrangements shall be made to provide and** maintain at suitable points conveniently situated a sufficient supply of cool and wholesome drinking water for all persons employed therein: Provided that in the case of persons employed below ground the Chief Inspector may, in lieu of drinking water being provided and maintained at suitable points, permit any other effective arrangements to be made for such supply.] (2) All such points shall be legibly marked `DRINKING WATER' in a language understood by a majority of the persons employed in the mine and no such point shall be situated within [2][six meters] of any washing place urinal or latrine unless a shorter distance is approved in writing by the Chief Inspector. (3) In respect of all mines or any class or description of mines, the Central Government may make rules for securing compliance with the provisions of sub-sections (1) and (2) and for the examination by prescribed authorities of the supply and distribution of drinking water. **20. Conservancy.—(1)There shall be provided, separately for males and females in every mine, a** sufficient number of latrines and urinals of prescribed types so situated as to be convenient and accessible to persons employed in the mine at all times. (2)All latrines and urinals provided under sub-section (1) shall be adequately lighted, ventilated and at all times maintained in a clean and sanitary condition. (3)The Central Government may specify the number of latrines and urinals to be provided in any mine, in proportion to the number of males and females employed in the mine and provide for such other matters in respect of sanitation in mines (including the obligations in this regard of persons employed in the mine) as it may consider necessary in the interests of the health of the persons so employed. 3[21. Medical appliances.—(1)In every mine there shall be provided and maintained so as to be readily accessible during all working hours such number of first-aid boxes or cupboards equipped with such contents as may be prescribed. (2)Nothing except the prescribed contents shall be kept in a first-aid box or cupboard or room. (3)Every first-aid box or cupboard shall be kept in the charge of a responsible person who is trained in such first-aid treatment as may be prescribed and who shall always be readily available during the working hours of the mine. 1. Subs. by Act 62 of 1959, s. 10, for sub-section (1) (w.e.f. 16-1-1960). 2. Subs. by Act 42 of 1983, s. 14, for “twenty feet” (w.e.f. 31-5-1984). 3. Subs. by Act 62 of 1959, s. 11, for sections 21 and 22 (w.e.f. 16-1-1960). 15 ----- (4)In every mine there shall be made so as to be readily available such arrangements as may be prescribed for the conveyance to hospitals or dispensaries of persons who, while employed in the mine, suffer bodily injury or become ill. (5)In every mine wherein more than one hundred and fifty persons are employed, there shall be provided and maintained a first-aid room of such size with such equipment and in the charge of such medical and nursing staff as may be prescribed. **22. Powers of Inspectors when causes of danger not expressly provided against exist or when** **employment of persons is dangerous.—(1) If, in respect of any matter for which no express** provision is made by or under this Act, it appears to the Chief Inspector or an Inspector that any mine or part thereof or any matter, thing or practice in or connected with the mine, or with the control, supervision, management or direction thereof, is dangerous to human life or safety or defective so as to threaten, or tend to, the bodily injury of any person, he may give notice in writing thereof to the owner, agent or manager of the mine and shall state in the notice the particulars in respect of which he considers the mine or part thereofor the matter, thing or practice to be dangerous or defective and require the same to be remedied within such time and in such manner as he may specify in the notice. (lA) Where the owner, agent or manager of mine fails to comply with the terms of a notice given under sub-section (1) within the period specified therein, the Chief Inspector or the Inspector, as the case may be, may, by order in writing, prohibit the employment in or about the mine or any part thereof of any person whose employment is not in his opinion reasonably necessary for securing compliance with the terms of the notice. (2)Without prejudice to the provisions contained in sub-section (1), the Chief Inspector or the Inspector, as the case may be, may, by order in writing addressed to the owner, agent or manager of a mine, prohibit the extraction or reduction of pillars or blocks of minerals in any mine or part thereof, if, in his opinion, such operation is likely to cause the crushing of pillars or blocks of minerals or the premature collapse of any part of the workings or otherwise endanger the mine or the life or safety of persons employed therein or if, in his opinion, adequate provision against the outbreak of fire or flooding has not been made by providing for the sealing off and isolation of the part of the mine in which such operation is contemplated and for restricting the area that might be affected by fire or flooding. (3)If the Chief Inspector, or an Inspector authorised in this behalf by general or special order in writing by the Chief Inspector, is of opinion that there is urgent and immediate danger to the life or safety of any person employed in any mine or part thereof, he may, by order in writing containing a statement of the grounds of his opinion, prohibit, [1][until he is satisfied that the danger is removed], the employment in or about the mine or any part thereof of any person whose employment is not in his opinion reasonably necessary for the purpose of removing the danger. 2[(3A) Every person whose employment is prohibited under’ sub-section (lA) or sub-section (3) shall be entitled to payment of full wages for the period for which he would have been, but for the prohibition in employment and the owner, agent or manager shall be liable for payment of such full wages of that person: Provided that the owner, agent or manager may instead of paying such full wages provide such person with an alternative employment at the same wages which such person was receiving in the employment which was prohibited.] (4)Where a notice has been given under sub-section (1) or an order made under sub-section (lA), sub-section (2) or sub-section (3) by an Inspector, the owner, agent or manager of the mine may, 1. Subs. by Act 42 of 1983, s. 15, for “until the danger is removed” (w.e.f. 31-5-1984). 2. Ins. by s. 15, ibid. (w.e.f. 31-5-1984). 16 ----- within ten days after the receipt of the notice or order, as the case may be, appeal against the same to the Chief Inspector who may confirm, modify or cancel the notice or order. (5)The Chief Inspector or the Inspector sending a notice under sub-section (1) or making an order under sub-section (lA), sub-section (2) or sub-section (3) and the Chief Inspector making an order (other than an order of cancellation in appeal) under sub-section (4) shall forthwith report the same to the Central Government. (6)If the owner, agent or manager of the mine objects to a notice sent under sub-section (1) by the Chief Inspector or to an order made by the Chief Inspector under sub-section (lA) or sub-section (2) or sub-section (3) or sub-section (4), he may, within twenty days after the receipt of the notice containing the requisition or of the order or after the date of the decision on appeal, as the case may be, send his objection in writing stating the grounds thereof to the Central Government [1][which shall, ordinarily within a period of two months from the date of receipt of the objection, refer] the same to a Committee. (7)Every notice under sub-section (1), or order under sub-section (lA), sub-section (2), sub-section (3) or sub-section (4), to which objection is made under sub-section (6), shall be complied with, pending the receipt at the mine of the decision of the Committee: Provided that the Committee may, on the application of the owner, agent or manager, suspend the operation of a [2][notice] under sub-section (1), pending its decision on the objection. (8)Nothing in this section shall affect the powers of a magistrate under section 144 of the [3][Code of Criminal Procedure, 1898 (5 of 1898).] 4[22A. Power to prohibit employment in certain cases.—(1)Where in respect of any matter relating to safety for which express provision is made by or under this Act, the owner, agent or manager of a mine fails to comply with such provisions, the Chief Inspector may give notice in writing requiring the same to be complied with within such time as he may specify in the notice or within such extended period of time as he may, from time to time, specify thereafter. (2) Where the owner, agent or manager fails to comply with the terms of a notice given under sub section (1) within the period specified in such notice or, as the case may be, within the extended period of time specified under that sub-section, the Chief Inspector may, by order in writing, prohibit the employment in or about the mine or any part thereof of any person whose employment is not, in his opinion, reasonably necessary for securing compliance with the terms of the notice. (3) Every person whose employment is prohibited under sub-section (2), shall be entitled to payment of full wages for the period for which he would have been, but for the prohibition, in employment, and the owner, agent or manager shall be liable for payment of such full wages of that person: Provided that the owner, agent or manager may, instead of paying such full wages, provide such person with an alternative employment at the same wages which such person was receiving in the employment which was prohibited under sub-section (2). (4) The provisions of sub-sections (5), (6) and (7) of section 22 shall apply in relation to a notice issued under sub-section (1) or an order made under sub-section (2) of this section as they apply in relation to a notice under sub-section (1) or an order under sub-section (lA) of that section.] 1. Subs. by Act 42 of 1983, s. 15, for “which shall refer” (w.e.f. 31-5-1984). 2. Subs. by s. 15, ibid., for “requisition” (w.e.f. 31-5-1984). 3. See now the Code of Criminal Procedure, 1973 (2 of 1974). 4. Ins. by Act 42 of 1983, s. 16 (w.e.f. 31-5-1984). 17 ----- **23. Notice to be given of accidents.—[1][(1)Whenever there occurs in or about a mine—** (a) an accident causing loss of life or serious bodily injury, or (b) an explosion, ignition, spontaneous heating, outbreak of fire or irruption or inrush of water or other liquid matter, or (c) an influx of inflammable or noxious gases, or (d) a breakage of ropes, chains or other gear by which persons or materials are lowered or raised in a shaft or an incline, or (e) an overwinding of cages or other means of conveyance in any shaft while persons or materials are being lowered or raised, or (f) a premature collapse of any part of the working, or (g) any other accident which may be prescribed, the owner, agent or manager of the mine shall give notice of the occurrence to such authority in such form and within such time as may be prescribed, and he shall simultaneously post one copy of the notice on a special notice board in the prescribed manner at a place where it may be inspected by trade union officials, and shall ensure that the notice is kept on the board for not less than fourteen days from the date of such posting.] 2[(lA) Whenever there occurs in or about a mine an accident causing reportable injury to any person, the owner agent or manager of the mine shall enter in a register such occurrence in the prescribed form and copies of such entries shall be furnished to the Chief Inspector once in a quarter.] (2) Where a notice given under sub-section (1) relates to an accident causing loss of life, the authority shall make an inquire into the occurrence within two months of the receipt of the notice and, if the authority is not the Inspector, he shall cause the Inspector to make an inquiry within the said period. 3[(3) The Central Government may, by notification in the Official Gazette, direct that accidents other than those specified in sub-sections (1) and (lA) which cause bodily injury resulting in the enforced absence from work of the person injured for a period exceeding twenty-four hours shall be entered in a register in the prescribed form or shall be subject to the provisions of sub-section (1) or sub-section (lA), as the case may be.] (4) A copy of the entries in the register referred to in sub-section (3) shall be sent by the owner, agent, or manager of the mine, [4][on or before the 20th day of January in the year following that to which the entries relate], to the Chief Inspector. 2[(5) Whenever there occurs in or about a mine an accident causing loss of life or serious bodily injury to any person, the place of accident shall not be disturbed or altered before the arrival or without the consent of the Chief Inspector or the Inspector to whom notice of the accident is required to be given under sub-section (1) of section 23, unless such disturbance or alteration is necessary to prevent any further accident, to remove bodies of the deceased, or to rescue any person from danger, or unless discontinuance of work at the place of accident would seriously impede the working of the mine: Provided that where the Chief Inspector or the said Inspector fails to inspect the place of accident within seventy-two hours of the time of the accident, work may be resumed at the place of the accident.] 1. Subs. by Act 62 of 1959, s. 12, for sub-section (1) (w.e.f. 16-1-1960). 2. Ins. by Act 42 of 1983, s. 17 (w.e.f. 31-5-1984). 3. Subs. by s. 17, ibid., for sub-section (3) (w.e.f. 31-5-1984). 4. Subs. by Act 62 of 1959, s. 12, for certain words (w.e.f. 16-1-1960). 18 ----- **24. Power of Government to appoint Court of inquiry in cases of accidents.—[1][(1)When any** accident of the nature referred to in any of the clauses of sub-section (1) of section 23 occurs in or about a mine, the Central Government may, if it is of opinion that a formal inquiry into the causes of and circumstances attending the accident ought to be held, appoint a competent person to hold such inquiry and may also appoint one or more persons possessing legal or special knowledge to act as assessor or assessors in holding the inquiry.] (2) The person appointed to hold any such inquiry shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects [2]* * *. (3) Any person holding an inquiry under this section may exercise such of the powers of an Inspector under this Act as he may think it necessary or expedient to exercise for the purposes of the inquiry. (4) The person holding an inquiry under this section shall make a report to the Central Government stating the causes of the accident and its circumstances, and adding any observations which he or any of the assessors may think fit to make. **25. Notice of certain diseases.—(1)Where any person employed in mine contracts any** diseasenotified by the Central Government in the Official Gazette as a disease connected with mining operations, the owner, agent or manager of the mine, as the case may be, shall send notice thereof to the Chief Inspector and to such other authorities, in such form and within such time as may be prescribed. (2) If any medical practitioner attends on a person who is or has been employed in a mine and who is or is believed by the medical practitioner to be suffering from any disease notified under sub-section (1), the medical practitioner shall without delay send a report in writing to the Chief Inspector stating— (a) the name and address of the patient, (b) the disease from which the patient is or is believed to be suffering, and (c) the name and address of the mine in which the patient is or was lastemployed. (3) Where the report under sub-section (2) is confirmed to the satisfaction of the Chief Inspector by the certificate of a certifying surgeon or otherwise that the person is suffering from a disease notified under sub-section (1), the Chief Inspector shall pay to the medical practitioner such fee as may be prescribed, and the fee so paid shall be recoverable as an arrear of land revenue from the owner, agent or manager of the mine in which the person contacted the disease. (4) If any medical practitioner fails to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to fifty rupees. **26. Power to direct investigation of causes of disease.—(1)The Central Government may, if it** considers it expedient to do so, appoint a competent person to inquire into and report to it on any case where a disease notified under sub-section (1) of section 25 has been or is suspected to have been contacted in a mine, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry. (2) The provisions of sub-sections (2) and (3) of section 24 shall apply to an inquiry under this section in the same manner as they apply to any inquiry under that section 1. Subs. by Act 62 of 1959, s. 13, for sub-section (1) (w.e.f. 16-1-1960). 2. Certain words omitted by s. 13, ibid. (w.e.f. 16-1-1960). 19 ----- **27. Publication of reports.—The Central Government may cause any report submitted by a** Committee under [1][section 12] or any report of extracts from any report submitted to it under section 26, and shall cause every report submitted by a Court of inquiry under section 24 to be published at such time and in such manner as it may think fit. CHAPTER VI HOURS AND LIMITATION OF EMPLOYMENT **28.Weekly day of rest.—No person shall be allowed to work in a mine on more than six days in** any one week. **29.Compensatory days of rest.—(1) Where in pursuance of action under section 38 or as a result** of exempting any mine or the persons employed therein from the provisions of section 28, any person employed therein is deprived of any of the weekly days of rest for which provision is made in section 28, he shall be allowed, within the month in which such days of rest were due to him or within the two months immediately following that month, compensatory days of rest equal in number to the days of rest of which he has been deprived. (2) The Central Government may prescribe the manner in which the days of rest for which provision is made in sub-section (1) shall be allowed. **30. Hours of work above ground.—(1) No adult employed above ground in a mine shall be** required or allowed to work for more than forty-eight hours in any week or for more than nine hours in any day: 2[Provided that, subject to the previous approval of the Chief Inspector, the daily maximum hours specified in this sub-section may be exceeded in order to facilitate the change of shifts.] (2) The periods of work of any such adult shall be so arranged that, along with his interval for rest, they shall not in any day spread over more than twelve hours, and that he shall not work for more than five hours continuously before he has had an interval for rest of at least half an hour: 3[Provided that the Chief Inspector may, for reasons to be recorded in writing and subject to such conditions as he may deem fit to impose, permit the spread-over to extend over a period not exceeding fourteen hours in any day.] 4[(3) Persons belonging to two or more shifts shall not be allowed to do work of the same kind above ground at the same time: Provided that, for the purposes of this sub-section, persons shall not be deemed to belong to separate shifts by reason only of the fact that they receive their intervals for rest at different times.] 5[31. Hours of work below ground.—(1)No adult employed below ground in a mine shall be allowed to work for more than forty-eight hours in any week or for more than eight hours in any day: Provided that, subject to the previous approval of the Chief Inspector, the daily maximum hours specified in this sub-section may be exceeded in order to facilitate the change of shifts. (2)No work shall be carried on below ground in any mine except by a system of shifts so arranged that the period of work for each shift is not spread-over more than the daily maximum hours stipulated in sub-section (1). (3)No person employed in a mine shall be allowed to be present in any part of a mine below ground except during the periods of work shown in respect of him in the register maintained under sub-section (4) of section 48.] 1. Subs. by Act 42 of 1983, s. 18, for “section 13” (w.e.f. 31-5-1984). 2. The proviso added by Act 62 of 1959, s. 14 (w.e.f. 16-1-1960). 3. Subs. by s. 14,ibid., for the proviso (w.e.f. 16-1-1960). 4. Subs. by s. 14, ibid., for sub-section (3) (w.e.f. 16-1-1960). 5. Subs. by s. 15, ibid., for section 31 (w.e.f. 16-1-1960). 20 ----- 1[32.Night shift.—Where a person employed in a mine works on a shift which extends beyond midnight— (a) for the purposes of sections 28 and 29, a weekly day of rest shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends; (b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.] **33. Extra wages for overtime.—[2][(1)Where in a mine a person works above ground for more** than nine hours in any day, or works below ground for more than eight hours in any day or works for more than forty-eight hours in any week whether above ground or below ground, he shall in respect of such overtime work be entitled to wages at the rate of twice his ordinary rate of wages, the period of overtime work being calculated on a daily basis or weekly basis, whichever is more favourable to him; and] 3[(2) Where any person employed in a mine is paid on piece-rate basis, the time-rate shall be taken as equivalent to the daily average of his full-time earnings for the days on which he actually worked during the week immediately preceding the week in which overtime work has been done, exclusive of any overtime, and such time-rate shall be deemed to be the ordinary rate of wages of such person: Provided that if such person has not worked in the preceding week on the same or identical job, the time-rate shall be based on the average for the days he has worked in the same week excluding the overtime or on the daily average of his earnings in any preceding week, whichever is higher. _Explanation.—For the purposes of this section, “ordinary rate of wages” shall have the same_ meaning as in the Explanation to sub- section (3) of section 9A.] (4) The Central Government may prescribe the registers to be maintained in a mine for the purpose of securing compliance with the provisions of this section. 4[34.Prohibition of employment of certain persons.—No person shall be required or allowed to work in a mine if he has already been working in any other mine within the preceding twelve hours.] 5[35.Limitation of daily hours of work including overtime work.—Save in respect of cases falling within clause (a) and-clause (e) of section 39, no person employed in a mine shall be required or allowed to work in the mine for more than ten hours in any day inclusive of overtime.] **36.Notices regarding hours of work.—(1)The manager of every mine shall cause to be posted** outside the office of the mine a notice in the prescribed form stating the time of the commencement and of the end of work at the mineand, if it is proposedto work by a system of relays, the time of the commencement and of the end of work for each relay. (2) In the case of a mine at which mining operations commence after the commencement of this Act, the notice referred to in sub-section (1) shall be posted not less than seven days before the commencement of work. (3) The notice referred to in sub-section (1) shall also state the time of the commencement and of the intervals for rest for persons employed above ground and a copy thereof shall be sent to the Chief Inspector, if he so requires. 1. Subs. by Act 62 of 1959, s. 16, for section 32 (w.e.f. 16-1-1960). 2. Subs. by s. 17, ibid., for sub-section (1) (w.e.f. 16-1-1960). 3. Subs. by Act 42 of 1983, s. 19, for “sub-sections (2) and (3)” (w.e.f. 31-5-1984). 4. Subs. by Act 62 of 1959, s. 18, for section 34 (w.e.f. 16-1-1960). 5. Subs. by s. 19, ibid., for section 35 (w.e.f. 16-1-1960). 21 ----- (4) Where it is proposed to make any alteration in the time fixed for the commencement or for the end of work in the mine generally or for any relay or in the rest intervals fixed for persons employed above ground, an amended notice in the prescribed form shall be posted outside the office of the mine not less than seven days before the change is made, and a copy of such notice shall be sent to the Chief Inspector not less than seven days before such change. (5) No person shall be allowed to work in a mine otherwise than in accordance with the notice required by sub-section (1). **37.Supervising staff.—Nothing in section 28, section 30, section 31, section 34 or** [1][sub-section (5) of section 36], shall apply to persons who may by rules be defined to be, persons, holding positions of supervision or management or employed in a confidential capacity. **38. Exemption from provisions regarding employment.—(1)In case of an emergency involving** serious risk to the safety of the mine or of persons employed therein, or in case of an accident, whether actual or apprehended, or in case of any act of God or in case of any urgent work to be done to machinery, plant or equipment of the mine as the result of break-down of such machinery, plant or equipment, the manager may, subject to the provisions of section 22 [2][and section 22A] and in accordance with the rules under section 39, permit persons to be employed in contravention of section 28, section 30, section 31, section 34 or [1][sub-section (5) of section 36], on such work as may be necessary to protect the safety of the mine or of the persons employed therein: Provided that, in case of any urgent work to be done to machinery, plant or equipment under this section the manager may take the action permitted by this section, although the production of 3[mineral] would thereby be incidentally affected, but any action so taken shall not exceed the limits necessary for the purpose of avoiding serious interference with the ordinary working of the mine. (2) Every case in which action has been taken by the manager under sub-section (1), shall be recorded together with the circumstances relating thereto and a report thereof shall also be made to the Chief Inspector or the Inspector. 4[39.Power to make exempting rules.—5[The central government] may make rules providing for for the exemption to such extent, in such circumstances and subject to such conditions as may be specified, from the provisions of sections 28, 30, 31, 34 or sub-section (5) of section 36— (a) of all or any of the persons employed in a mine, where an emergency involving serious risk to the safety of the mine or of the persons employed therein is apprehended; (b) of all or any of the persons so employed, in case of an accident, actual or apprehended; (c) of all or any of the persons engaged in work of a preparatory or complementary nature, which must necessarily be carried on for the purpose of avoiding serious interference with the ordinary working of the mine; (d) of all or any of the persons engaged in urgent repairs; and (e) of all or any of the persons employed in any work which for technical reasons must be carried on continuously.] 6[40. Employment of persons below eighteen years of age.—(1)After the commencement of the the Mines (Amendment) Act, 1983 (42 of 1983), no person below eighteen years of age shall be allowed to work in any mine or part thereof. 1. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for “sub-section (4) of section 36”. 2. Ins. by Act 42 of 1983, s.20 (w.e.f.31-5-1984). 3. Subs. by Act 62 of 1959, s. 20, for “coal” (w.e.f. 16-1-1960). 4. Subs. by s. 21,ibid., for section 39 (w.e.f. 16-1-1960). 5. Subs. by Act 42 of 1983, s. 21, for certain words (w.e.f. 31-5-1984). 6. Subs. bys. 22,ibid., for section 40 (w.e.f. 31-5-1984). 22 ----- (2) Notwithstanding anything contained in sub-section (1), apprentices and other trainees, not below sixteen years of age, may be allowed to work, under proper supervision, in a mine or part thereof by the manager: Provided that in the case of trainees, other than apprentices, prior approval of the Chief Inspector or an Inspector shall be obtained before they are allowed towork. _Explanation.—In this section and in section 43, “apprentice” means an apprentice as defined in_ clause (a) of section 2 of the Apprentices Act, 1961 (52 of 1961).] **41. [Certificate of fitness.]** _Omitted by the Mines (Amendment) Act 1983(42_ _of 1983),_ _s. 23_ (w.e.f. 31-5-1984). **42. [Effect of certificate of fitness granted to adolescents.]** _Omitted by s. 23,_ _ibid._ (w.e.f. 31-5-1984). 1[43. Power to require medical examination.—(1)Where an Inspector is of opinion that any person employed in a mine otherwise than as an apprentice or other trainee is not an adult or that any person employed in a mine as an apprentice or other trainee is either below sixteen years of age or is no longer fit to work, the Inspector may serve on the manager of the mine a notice requiring that such person shall be examined by a certifying surgeon and such person shall not, if the Inspector so directs, be employed or permitted to work in any mine until he has been so examined and has been certified that he is an adult or, if such person is an apprentice or trainee, that he is not below sixteen years of age and is fit to work. (2)Every certificate granted by a certifying surgeon on a reference under sub-section (1), shall, for the purpose of this Act, be conclusive evidence of the matters referred therein.] **44.[Working hours for adolescents notcertified to be fit for work as adults.] Omitted by the Mines** _(Amendment) Act1983 (42 of 1983),s. 25 (w.e.f.31-5-1984)._ 2[45. Prohibition of the presence of persons below eighteen years of age in a mine.—Subject to the provisions of sub-section (2) of section 40, after such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, no person below eighteen years of age shall be allowed to be present in any part of a mine above ground where any operation connected with or incidental to any mining operation is being carried on.] 3[46. Employment of women.—(1)No woman shall, notwithstanding anything contained in any other law, be employed— (a) in any part of a mine which is below ground; (b) in any mine above ground except between the hours of 6 A.M. and 7 P.M. (2) Every woman employed in a mine above ground shall be allowed an interval of not less than eleven hours between the termination of employment on any one day and the commencement of the next period of employment. (3) Notwithstanding anything contained in sub-section (1), the Central Government may, by notificationin the Official Gazette, vary the hours of employment above ground of women in respect of any mine or class or description of mine, so however that no employment of any woman between the hours of 10 P.M. and 5 A.M. is permitted thereby.] **47. [Disputes as to age.]** _Omitted by the Mines (Amendment) Act, 1959 (62_ _of 1959),_ _s. 28_ (w.e.f. 16-1-1960). 1. Subs. by Act 42 of 1983, s. 24, for section 43 (w.e.f. 31-5-1984). 2. Subs. by s. 26, ibid., for section 45 (w.e.f. 31-5-1984). 3. Subs. by Act 62 of 1959, s. 27, for section 46 (w.e.f. 16-1-1960). 23 ----- **48. Registers of persons employed.—[1][(1)For every mine there shall be kept in the prescribed** form and place a register of all persons employed in the mine showing in respect of each such person— (a) the name of the employee with the name of his father or, of her husband, as the case may be, and such other particulars as may be necessary for purposes of identification; (b) the age and sex of the employee; (c) the nature of employment (whether above ground or below ground, and if above ground, whether in open cast workings or otherwise) and the date of commencement thereof; 2* - - - (e) such other particulars as may be prescribed; and the relevant entries shall be authenticated by the signature or the thumb impression of the person concerned.] (2) The entries in the register prescribed by sub-section (1) shall be such that workers working in accordance therewith would not be working in contravention of any of the provisions of this Chapter. (3) No person shall be employed in a mine until the particulars required by sub-section (1) have been recorded in the register in respect of such person and no person shall be employed except during the periods of work shown in respect of him in the register. 3[(4) For every mine other than a mine which, for any special reason to be recorded, is exempted by the Central Government by general or special order, there shall be kept in the prescribed form and place separate registers showing in respect of each person employed in the mine— (a) below ground; (b) above ground in open cast workings; and (c) above ground in other cases— (i) the name of the employee; (ii) the class or kind of his employment; (iii) where work is carried on by a system of relays, the shift to which he belongs and the hours of the shift.] (5) The register of persons employed below ground referred to in sub-section (4) shall show at any moment the name of every person who is then present below ground in the mine. 4[(6) No person shall enter any open cast working or any working below ground unless he has been permitted by the manager or is authorised under this Act or any other law to do so.] CHAPTER VII LEAVE WITH WAGES 5[49.Application of Chapter.—The provisions of this Chapter shall not operate to the prejudice of any right to which a person employed in a mine may be entitled under any other law or under the terms of any award, agreement or contract of service: 1. Subs. by Act 62 of 1959, s. 29, for sub-section (1) (w.e.f. 16-1-1960) 2. Omitted by Act 42 of 1983, s. 27 (w.e.f. 31-5-1984). 3. Subs. by Act 62 of 1959, s. 29, for sub-section (4) (w.e.f. 16-1-1960). 4. Ins. by s. 29, ibid. (w.e.f. 16-1-1960). 5. Subs by s. 30, ibid., for sections 49 to 56 (w.e.f. 16-1-1960). 24 ----- 1[Provided that if such award, agreement or contract of service, provides for a longer annual leave with wages than that provided in this Chapter, the quantum of leave, which the person employed shall be entitled to, shall be in accordance with such award, agreement or contract of service, but leave shall be regulated in accordance with the provisions of sections 50 to 56 (both inclusive) with respect to matters not provided for in such award, agreement or contract of service.] **50.Leave defined.—For the purposes of this Chapter, leave shall not include weekly days of rest** or holidays for festivals or other similar occasions whether occurring during or at either end of the period of leave. **51. Calendar year defined.—For the purposes of this Chapter, a calendar year shall mean the** period of twelve months beginning with the first day of January in any year. **52. Annual leave with wages.—(1)Every person employed in a mine who has completed a** calendar year’s service therein shall be allowed, during the subsequent calendar year, leave with wages, calculated,— (a) in the case of a person employed below ground, at the rate of one day for every [2][fifteen days] of work performed by him, and (b) in any other case, at the rate of one day for every twenty days of work performed by him. (2) A calendar year’s service referred to in sub-section (1) shall be deemed to have been completed,— (a) in the case of a person employed below ground in a mine,if he has during the calendar year put in not less than one hundred and ninety attendances at the mine; and (b) in the case of any other person, if he has during the calendar year put in not less than two hundred and forty attendances at the mine. _Explanation.—For the purpose of this sub-section—_ (a) any days of lay-off by agreement or contract or as permissible under the standing order; (b) in the case of a female employee, maternity leave for any number of days not exceeding twelve weeks; and (c) the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be the days on which the employee has worked in a mine for the purpose of computation of the attendances, but he shall not earn leave for these days. (3) A person whose service commences otherwise than on the first day of January shall be entitled to leave with wages in the subsequent calendar year at the rates specified in sub-section (1), if— (a) in the case of a person employed below ground in a mine, he has put in attendances for not less than one-half of the total number of days during the remainder of the calendar year; and (b) in any other case, he has put in attendances for not less than two-thirds of the total number of days during the remainder of the calendar year. (4) Any leave not taken by a person to which he is entitled in any one calendar year under sub-section (1) or sub-section (3) shall be added to the leave to be allowed to him under sub-section (1) during the succeeding calendar year: Provided that the total number of days of leave which may be accumulated by any such person shall not at any one time exceed thirty days in all: Provided further that any such person who has applied for leave with wages but has not been given such leave in accordance with sub-section (6) shall be entitled to carry forward the unavailed leave without any limit. 1. Subs. by Act 42 of 1983, s. 28, for the proviso (w.e.f. 31-5-1984). 2. Subs. by s. 29, ibid., for “sixteen days” (w.e.f. 31-5-1984). 25 ----- (5) Any such person may apply in writing to the manager of the mine not less than fifteen days before the day on which he wishes his leave to begin, for all leave or any portion thereof then allowable to him under sub-sections (1), (3) and (4): Provided that the number of times in which leave may be taken during any one calendar year shall not exceed three. (6) An application for such leave made in accordance with sub-section (5) shall not be refused unless the authority empowered to grant the leave is of opinion that owing to the exigencies of the situation the leave should be refused. (7) If a person employed in a mine wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (5). (8) If the employment of a person employed in a mine is terminated by the owner, agent or manager of the mine before he has taken the entire leave to which he is entitled up to the day of termination of his employment, or if such person having applied for and having not been granted such leave, quits his employment before he has taken the leave, the owner, agent or manager of the mine shall pay him the amount payable under section 53, in respect of the leave not taken, and such payment shall be made, where the employment of the person is terminated by the owner, agent or manager, before the expiry of the second working day after such termination, and where a person himself quits his employment, on or before the next pay day. (9) The unavailed leave of a person employed in a mine shall not be taken into consideration in computing the period of any notice required to be given before the termination of his employment. 1[(10) Where a person employed in a mine is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, he or his heirs or his nominee, as the case may be, shall be entitled to wages in lieu of leave due to him calculated at the rate specified in subsection (1), if,— (a) in the case of a person employed below ground in a mine, he has put in attendance for not less than one-half of the total number of days from the date of his employment to the date of his discharge or dismissal or quitting of employment or superannuation or death; and (b) in any other case, he has put in attendance for not less than two-thirds of the total number of days from the date of his employment to the date of his discharge or dismissal or quitting of employment or superannuation or death, and payment of such wages shall be made by the owner, agent or manager of the mine at the rate specified in section53, where the person is discharged or dismissed from service or quits employment or is superannuated, before the expiry of the second working day after such discharge, dismissal, quitting of employment or superannuation, as the case may be, and where the person employed dies while in service, within a period of two months of his death.] _Explanation.—For the purposes of_ [2][sub-sections (1),(3) and (10)] any fraction of leave of half a day or more shall be treated as one full day and fraction of less than half a day shall be omitted. **53. Wages during leave period.—For the leave allowed to a person employed in a mine under** section 52, he shall be paid at a rate equal to the daily average of his total full-time earnings for the days on which he was employed during the month immediately preceding his leave, exclusive of any over-time wages and bonus but inclusive of any dearness allowance and compensation in cash including such compensation, if any, accruing through the free issue of foodgrains and other articles as persons employed in the mine may, for the time being, be entitled to: 1. Ins. by Act 42 of 1983, s. 29 (w.e.f. 31-5-1984). 2. Subs. by Act 42 of 1983, s. 29, for “sub-sections (1) and (3)” (w.e.f. 31-5-1984). 26 ----- Provided that if no such average earnings are available, then the average shall be computed on the basis of the daily average of the total full-time earnings of all persons similarly employed for the same month. **54.Payment in advance in certain cases.—Any person employed in a mine who has been** allowed leave for not less than four days, shall, before his leave begins, be paid the wages due for the period of the leave allowed. **55.Mode of recovery of unpaid wages.—Any sum required to be paid by the owner, agent or** manager of a mine under this Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936 (4 of 1936). **56.Power to exempt mines.—Where the Central Government is satisfied that the leave rules** applicable to persons employed in any mine provide benefits which in its opinion are not less favourable than those provided for in this Chapter, it may, by order in writing and subject to such conditions as may be specified therein, exempt the mine from all or any of the provisions of this Chapter.] CHAPTER VIII REGULATIONS, RULES AND BYE-LAWS **57. Power of Central Government to make regulations.—The Central Government may, by** notification in the Official Gazette, make regulations consistent with this Act for all or any of the following purposes, namely:— (a) for prescribing the qualifications required for appointment as Chief Inspector or Inspector; (b) for prescribing and regulating the duties and powers of the Chief Inspector and of Inspectors in regard to the inspection of mines under this Act; (c) for prescribing the duties of owners, agents and managers of mines and of persons acting under them, and for prescribing the [1][qualifications (including age) of agents and managers] of mines and of persons acting under them; (d) for requiring facilities to be provided for enabling managers of mines and other persons acting under them to efficiently discharge their duties; (e) for regulating the manner of ascertaining, by examination or otherwise, the qualifications of managers of mines and persons acting under them, and the granting and renewal of certificates of competency; (f) for fixing the fees, if any, to be paid in respect of such examinations and of the grant and renewal of such certificates; (g) for determining the circumstances in which and the conditions subject to which it shall be lawful for more mines than one to be under a single manager, or for any mineor mines to be under a manager not having the prescribed qualifications ; 2[(h) for providing for inquiries to be made under this Act, including any inquiry relating to misconduct or incompetence on the part of any person holding a certificate under this Act and for the suspension or cancellation of any such certificate and for providing, wherever necessary, that the person appointed to hold an inquiry shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects;] (i) for regulating, subject to the provisions of the Indian Explosives Act, 1884 (4 of 1884), and of any rules made thereunder, the storage, conveyance and use of explosives; 1. Subs. by Act 62 of 1959, s. 31, for “qualifications of managers” (w.e.f. 16-1-1960). 2. Subs. by s. 31, ibid., for clause (h) (w.e.f. 16-1-1960). 27 ----- 1[(j) for prohibiting, restricting or regulating the employment of 2*** women in mines or in any class of mines or onparticular kinds of labour which are attended by danger to the life, safety or health of such persons and for limiting the weight of any single load that may be carried by any such person;] (k) for providing for the safety of the persons employed in a mine, their means of entrance thereinto and exit therefrom, the number of shafts or outlets to be furnished, and the fencing of shafts, pits, outlets, pathways and subsidences; (1) for prohibiting the employment in a mine either as manager or in any other specified capacity of any person except persons paid by the owner of the mine and directly answerable to the owner or manager of the mine; 3[(m) for providing for the safety of the roads and working places in mines, including the siting, maintenance and extraction or reduction of pillars or blocks of minerals and the maintenance of sufficient barriers between mine and mine; (n) for the inspection of workings and sealed off fire-areas in a mine, and for the restriction of workings in the vicinityof the sea or any lake or river or any other body of surface water, whether natural or artificial, or of any public road or building, and for requiring due precaution to be taken against the irruption or inrush of water or other liquid matter into, outbreak of fire in or premature collapse of, any workings;] (o) for providing for the ventilation of mines and the action to be taken in respect of dust, fire, and inflammable and noxious gases, including precautions against spontaneous combustion, underground fire and coal dust; 4[(p) for regulating, subject to the provisions of the Indian Electricity Act, 1910 (9 of 1910), and ofany rules made thereunder, the generation, storage, transformation, transmission and use of electricity in mines and for providing for the care and the regulation of the use of all electrical apparatus and electrical cables in mines and of all other machinery and plant therein;] (q) [5][for regulating the use of machinery in mines, for providing for the safety of persons employed on or near such machinery and on haulage roads] and for restricting the use of certain classes of locomotives underground; (r) for providing for proper lighting of mines and regulating the use of safety lamps therein and for the search of persons entering a mine in which safety lamps are in use; (s) for providing against explosions or ignitions [6][of inflammable gas or dust] or irruptions of or accumulations of water in mines and against danger arising therefrom and for prohibiting, restricting or regulating the extraction of minerals in circumstances likely to result in the premature collapse of [6][workings] or to result in or to aggravate the collapse of [6][workings] or irruptions of water or ignitions in mines; (t) [7][for prescribing under clause (g) of sub-section (1) of section 23, the types of accidents and for prescribing the notices] of accidents and dangerous occurrences and the notices, reports and returns of mineral output, persons employed and other matters provided for by regulations, to be furnished by owners, agents and managers of mines,and for prescribing the forms of such 1. Subs. by Act 62 of 1959, s. 31, for clause (j) (w.e.f. 16-1-1960). 2. The words “adolescents and” omitted by Act 42 of 1983, s. 30 (w.e.f. 31-5-1984). 3. Subs. by Act 62 of 1959, s. 31, for clauses (m) and (n) (w.e.f. 16-1-1960). 4. Subs. by s. 31, ibid., for clause (p) (w.e.f. 16-1-1960). 5. Subs.by Act 42 of 1983, s. 30, for certain words (w.e.f. 31-5-1984). 6. Ins. by Act 62 of 1959, s. 31 (w.e.f. 16-1-1960). 7. Subs. by s. 31, ibid., for “for prescribing the notices” (w.e.f. 16-1-1960). 28 ----- notices, returns and reports, the persons and authorities to whom they are to be furnished, the particulars to be contained in them, and the time within which they are to be submitted; 1[(u) 2[for requiring owners, agents and managers of mines to have fixed boundaries for the mines, for prescribing the plans and sections and field notes connected therewith to be kept by them] and the manner and places in which such plans, sections and field notes are to be kept for purposes of record and for the submission of copies thereof to the Chief Inspector; and for requiring the making of fresh surveys and plans bythem, and in the event of non-compliance, for having the survey made and plans prepared through any other agency and for the recovery of expenses thereof in the same manner as an arrear of land revenue;] (v) for regulating the procedure on the occurrence of accidents or accidental explosions or ignitions in or about mines [3][for dealing effectively with the situation]; (w) for prescribing the form of, and the particulars to be contained in, the notice to be given by the owner, agent or manager of a mine under section 16; (x) for prescribing the notice to be given by the owner, agent or manager of a mine before mining operations are commenced at or extended to any point within [4][forty-five metres] of any railway subject to the provisions of the Indian Railways Act, 1890 (9 of 1890), or of any [5][public roads or other works, as the case may be, which are maintained by the Government or any local authority]; (y) for the protection from injury, in respect of any mine when the workings are discontinued, of property vested in the Government or any local authority or railway company as defined in the Indian Railways Act, 1890 (9 of 1890); 6[(yy) for requiring protective works to be constructed by the owner, agent or manager of a mine before the mine is closed, and in the event of non-compliance, for getting such works executed by any other agency and for recovering the expenses thereof from such owner in the same manner as an arrear of land revenue;] (z) for requiring the fencing of any mine or part of a mine or any quarry, incline, shaft, pit or outlet, whether the same is being worked or not, or any dangerous or prohibited area, subsidence, haulage, tramline or pathway, where such fencing is necessary for the protection of the public; and (zz) any other matter which has to be or may be prescribed. **58.Power of Central Government to make rules.—The Central Government may, by** notification in the Official Gazette, make rules consistent with this Act for all or any of the following purposes, namely:— 7[(a) for providing the term of office and other conditions of service of, and the manner of filling vacancies among, the members of a Committee and for regulating the procedure to be followed by a committee for transacting its business;] (b) for prescribing the form of the register referred to in sub-section (3) of section 23; (c) for providing for the appointment of Courts of inquiry under section 24, for regulating the procedure and powers of such Courts, for the payment of travelling allowance to the members, and for 1. Subs. by Act 62 of 1959, s. 31, for clause (u) (w.e.f. 16-1-1960). 2. Subs. by Act 42 of 1983, s. 30, for certain words (w.e.f. 31-5-1984). 3. Ins. by s. 30, ibid. (w.e.f. 31-5-1984). 4. Subs. by s. 30, ibid., for “fifty yards” (w.e.f. 31-5-1984). 5. Subs. by Act 62 of 1959, s. 31, for certain words (w.e.f. 16-1-1960). 6. Ins. by s. 31, ibid. (w.e.f. 16-1-1960). 7. Subs. by Act 42 of 1983, s. 31, for clause (a) (w.e.f. 31-5-1984). 29 ----- the recovery of the expenses of such Courts [1][including any other expenses connected with the inquiry 2[in the same manner as an arrear of land revenue]] from the manager,owner or agent of the mine concerned; 2[(cc) for providing for inspection of mines to be carried out on behalf of the persons employed therein by a technical expert (not less than an overman in status), the facilities therefor, the frequency at which and the manner in which such inspections are to be carried out and the manner in which reports of such inspections are to be made:] (d) for requiring the maintenance in mines wherein any women are employed or were employed on any day of the preceding twelve months of suitable rooms to be reserved for the use of children under the age of six years belonging to such women, and for prescribing, either generally or with particular reference to the number of women employed in the mine the number and standards of such rooms, and the nature and extent of the amenities to be provided and the supervision to be exercised therein; (e) for requiring the maintenance at or near pit-heads of bathing places equipped with shower baths and of locker-rooms for the use of men employed in mines and of similar and separate places and rooms for the use of women in mines where women are employed, and for prescribing, either generally or with particular reference to the numbers of men and women ordinarily employed in a mine, the number and standards of such places and rooms; (f) for prescribing the standard of sanitation to be maintained and the scale of latrine and urinal accommodation to be provided at mines, the provision to be made for the supply of drinking water 3***; 1[(ff) for providing for the supply and maintenance of medical appliances and comforts and for prescribing the contents and number of first-aid boxes and cupboards, the training in first-aid work, the size and equipment of first-aid rooms and staff in charge thereof and the arrangements for conveyance of injured persons to hospitals or dispensaries; (fff) for requiring the imparting of practical instruction to, or the training of, persons employed or to be employed in mines otherwise than in a position of supervision or management and for prescribing schemes for such instruction and training;] (g) for prohibiting the possession or consumption of intoxicating drinks or drugs in a mine and the entry or presence therein of any person in a drunken state; (h) for prescribing the forms of notices required under section 36, and for requiring such notices to be posted also in specified languages; (i) for defining the persons who shall, for the purpose of section 37, be deemed to be persons holding positions of supervision or management or employed in a confidential capacity; (j) for prohibiting the employment in mines of persons or any class of persons who have not been certified by a qualified medical practitioner to have completed their fifteenth year, and for prescribing the manner and the circumstances in which such certificates may be granted and revoked; 4* - - - 1[(kk) for requiring persons employed or seeking employment at mines to submit themselves for medical examination and for prohibiting on medical grounds the employment of any person at a mine either absolutely or in a particular capacity or in particular work;] 5[(l) for prescribing the form of registers required by section 48 and the maintenance and form of registers for the purposes of Chapter VII;] 1. Ins.by Act 62 of 1959, s. 32 (w.e.f. 16-1-1960). 2. Ins. by Act 42 of 1983, s. 31 (w.e.f. 31-5-1984). 3. Certain words omitted by Act 62 of 1959, s. 32 (w.e.f. 16-1-1960). 4. Omitted by Act 42 of 1983, s. 31 (w.e.f. 31-5-1984). 5. Subs. by Act 62 of 1959, s. 32, for clause (l) (w.e.f. 16-1-1960). 30 ----- (m) for prescribing abstracts of this Act and of the regulations and rules and the language in which the abstracts and bye-laws shall be posted as required by sections 61 and 62; (n) for requiring notices, returns and reports in connection with any matters dealt with by rules to be furnished by owners, agents and managers of mines, and for prescribing the forms of such notices, returns and reports, the persons and authorities to whom they are to be furnished, the particulars to be contained in them, and the times, within which they are to be submitted; (o) for requiring the provision and maintenance in mines, wherein more than [1]*** fifty persons are ordinarily employed, of adequate and suitable shelters for taking food with provision for drinking water; (p) for requiring the provision and maintenance in any mine specified in this behalf by the Chief Inspector or Inspector, wherein more than two hundred and fifty persons are ordinarily employed, of a canteen or canteens for the use of such persons; (q) for requiring the employment in every mine wherein five hundred or more persons are ordinarily employed, of such number of welfare officers as may be specified and for prescribing the qualifications and the terms and conditions of,and the duties to be performed by, such welfare officers; 2[(r) for requiring the establishment of rescue stations for specified mines or groups of specified mines or for all mines in a specified area and for prescribing how and by whom such stations shall be established; (s) for providing for the management of rescue stations; (sa) for providing for the standards of physical fitness and other qualifications of the persons constituting rescue brigades; (sb) prescribing the places of residence of the persons constituting rescue brigades;] (t) for prescribing the position, equipment, control, maintenance and functions of [3]*** rescue stations; 4[(u) for providing for the levy and collection of a duty of excise (at a rate not exceeding twenty-five paise per tonne) on coke and coal produced in and despatched from mines specified under clause (r), the creation of a rescue stations fund for such mines, the crediting to such fund of such sums of money as the Central Government may, after due appropriation made by Parliament by law in this behalf, provide from out of the proceeds of such cess credited to the Consolidated Fund of India, the manner in which the money from such fund shall be utilised and the administration of such fund;] (v) For providing for the formation,training,composition and duties of rescue brigades [5]***; and generally for the conduct of rescue work in mines; [6]*** 7[(vv)for providing for the constitution of safety Committees for specified mine or groups of specified mines or for all mines in a specified area for promoting safety and for laying down the composition, manner of formation and functions of such safety Committees, and;] (w) generally to provide for any matter not provided for by this Act or the regulations, provision for which is required in order to give effect to this Act. 1. The words “one hundred and” omitted by Act 62 of 1959, s. 32 (w.e.f. 16-1-1960). 2. Subs. by Act 42 of 1983, s. 31, for clauses (r) and (s) (w.e.f. 31-5-1984). 3. The word “Central” omitted by s. 31, ibid. (w.e.f. 31-5-1984). 4. Subs. by s. 31, ibid., for clause (u) (w.e.f. 31-5-1984). 5. Certain words omitted by s. 31, ibid. (w.e.f. 31-5-1984). 6. The word “and” omitted by s. 31, ibid. (w.e.f. 31-5-1984). 7. Ins. by s. 31, ibid. (w.e.f. 31-5-1984). 31 ----- **59. Prior publication of regulation and rules.—(1)The power to make regulations and rules** conferred by sections 57 and 58 is subject to the condition of the regulations and rules being made after previous publication. (2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), as that after which a draft of regulations or rules proposed to be made will be taken under consideration, shall not be less than three months from the date on which the draft of the proposed regulations or rules is published for general information. 1* - - - 2[(4) No regulation or rule shall be made unless the draft thereof has been referred to the Committee constituted under sub-section (1) of section 12 and unless that Committee has had a reasonable opportunity of reporting as to the expediency of making the same and as to the suitability of its provisions.] (5) Regulations and rules shall be published in the Official Gazette and, on such publication, shall have effect as if enacted in this Act. (6) The provisions of sub-sections (1), (2) and (4) shall not apply to the first occasion on which rules referred to in clause (d) or clause (e) of section 58 are made. 3* - - - **60.Power to make regulations without previous publication.—Notwithstanding anything** contained in sub-sections (1), (2) and [4][(4)] of section 59, regulations under [5]*** section 57 may be made without previous publication and without [6]*** reference to [7][the Committee constituted under sub-section (1) of section 12], if the Central Government is satisfied that for the prevention of apprehended danger or the speedy remedy of conditions likely to cause danger it is necessary in making such regulations to dispense with the delay that would result from such publication and reference: Provided that any regulations so made [8][shall be sent to the said Committee for information and] shall not remain in force for more than [9][one year] from the making thereof. **61. Bye-laws.—(1)The owner, agent or manager of a mine may, and shall, if called upon to do so** by the Chief Inspector or Inspector, frame and submit to the Chief Inspector or Inspector a draft of such bylaws, not being inconsistent with this Act or any regulations or rules for the time being in force, [10][governing the use of any particular machinery or the adoption of a particular method of working in the mine] as such owner, agent or manager may deem necessary to prevent accidents and provide for the safety, convenience and discipline of the persons employed in the mine. (2) If any such owner, agent or manager— (a) fails to submit within two months a draft of bye-laws after being called upon to do so by the Chief Inspector or Inspector, or 1. Omitted by Act 62 of 1959, s. 33 (w.e.f. 16-1-1960). 2. Subs. by Act 42 of 1983, s. 32, for sub-section (4) (w.e.f.31-5-1984). 3. Omitted by s.32, ibid. (w.e.f.31-5-1984). 4. Subs. by Act 62 of 1959, s. 34, for “(3)” (w.e.f. 16-1-1960). 5. The words, brackets and letters “clause (i) and clauses (k) to (s) excluding clause (1) of” omitted by s. 34, _ibid._ (w.e.f. 16-1-1960). 6. The word “previous” omitted by s. 34, ibid. (w.e.f. 16-1-1960). 7. Subs. by Act 42 of 1983, s. 33, for “Mining Boards” (w.e.f. 31-5-1984). 8. Ins. by s. 33, ibid. (w.e.f. 31-5-1984). 9. Subs. by Act 62 of 1959, s. 34, for “two years” (w.e.f. 16-1-1960). 10. Subs. by Act 42 of 1983, s. 34, for certain words (w.e.f. 31-5-1984). 32 ----- (b) submits a draft of bye-laws which is not in the opinion of the Chief Inspector or Inspector sufficient, the Chief Inspector or Inspector may— (i) propose a draft of such bye-laws as appear to him to be sufficient, or (ii) propose such amendments in any draft submitted to him by the owner, agent or manager as will, in his opinion, render it sufficient, and shall send such draft bye-laws or draft amendments to the owner, agent or manager as the case may be, for consideration. (3) If within a period of two months from the date on which any draft bye-laws or draft amendments are sent by the Chief Inspector or Inspector to the owner, agent or manager under the provisions of sub-section (2), the Chief Inspector or Inspector and the owner, agent or manager are unable to agree as to the terms of the bye-laws to be made under sub-section (1), the Chief Inspector or Inspector shall refer the draft bye-laws for settlement to the [1][Committee constituted under subsection (1) of section 12]. (4) (a) When such draft bye-laws have been agreed to by the owner, agent or manager and the Chief Inspector or Inspector, or, when they are unable to agree, have been settled by the [1][Committee constituted under sub-section (1) of section 12] a copy of the draft bye-laws shall be sent by the Chief Inspector or Inspector to the Central Government for approval. (b) The Central Government may make such modification of the draft bye-laws as it thinks fit. (c)Before the Central Government approves the draft bye-laws, whether with or without modifications, there shall be published, in such manner as the Central Government may think best adapted for informing the persons affected, notice of the proposal to make the bye-laws and of the place where copies of the draft bye-laws may be obtained, and of the time (which shall not be less than thirty days) within which any objections with reference to the draft by-laws, made by or on behalf of persons affected should be sent to the Central Government. (d) Every objection shall be in writing and shall state— (i) the specific grounds of objections, and (ii) the omissions, additions or modifications asked for. (e) The Central Government shall consider any objection made within the required time by or on behalf of persons appearing to it to be affected, and may approve the bye-laws either in the form in which they were published or after making such amendments thereto as it thinks fit. (5) The bye-laws, when so approved by the Central Government, shall have effect as if enacted in this Act, and the owner, agent or manager of the mine shall cause a copy of the bye-laws, in English and in such other language or languages as may be prescribed, to be posted up in some conspicuous place at or near the mine, where the bye-laws may be conveniently read or seen by the persons employed; and as often as the same become defaced, obliterated or destroyed, shall cause them to be renewed with all reasonable despatch. (6) The Central Government may, by order in writing rescind, in whole or in part, any bye-law so made, and thereupon such bye-law shall cease to have effect accordingly. 2[61A.Laying regulations, rules and bye-laws before parliament.—Every regulation made under section 57, every rule made under section 58 and every bye-law made under section 61 shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive 1. Subs. by Act 42 of 1983, s. 34, for certain words (w.e.f. 31-5-1984). 2. Ins. by s. 35, ibid. (w.e.f. 31-5-1984). 33 ----- sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation, rule or bye-law or both Houses agree that the regulation, rule or bye-law should not be made, the regulation, rule or byelaw shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation, rule or bye-law, as the case may be.] **62.Posting up of abstracts from Act, regulations,etc.—There shall be kept posted up at or near** every Mine in English and in such other language or languages as may be prescribed, the prescribed abstracts of the Act and of the regulations and rules. CHAPTER IX PENALTIES AND PROCEDURE **63.Obstruction.—(1)Whoever obstructs the Chief Inspector, an Inspector, or any person** authorised under section 8 in the discharge of his dutiesunder this Act, or refuses or wilfully neglects to afford the Chief Inspector, Inspector or such person any reasonable facility for making any entry, inspection, examination or inquiry authorised by or under this Act in relation to any mine, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. (2) Whoever refuses to produce on the demand of the Chief Inspector or Inspector any registers or other documents kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has reason to believe to be likely to prevent any person from appearing before or being examined by an inspecting officer acting in pursuance of his duties under this Act, shall be punishable with fine which may extend to three hundred rupees. **64. Falsification of records, etc.—Whoever—** (a) counterfeits, or knowingly makes a false statement in, any certificate, or any official copy of a certificate, granted under this Act, or (b) knowingly uses as true any such counterfeit or false certificate, or (c) makes or produces or uses any false declaration, statement or evidence knowing the same to be false, for the purpose of obtaining for himself or for any other person a certificate, or the renewal of a certificate, under this Act, or any employment in a mine, or 1[(d) falsifies any plan, section, register or record, the maintenance of which is required by or under this Act or produces before any authority such false plan, section, register or record, knowing the same to be false, or] (e) makes, gives or delivers any plan, return, notice, record or report containing a statement, entry or detail which is not to the best of his knowledge or belief true, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to [2][one thousand rupees], or with both. **65.Use of false certificates of fitness.—Whoever knowingly uses or attempts to use as a** certificate of fitness granted to himself under [3][section 43] a certificate granted to another person under that section, or, having been granted a certificate of fitness to himself under that section, knowingly allows it to be used, or allows an attempt to use it to be made by another person, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to [4][two hundred] rupees, or with both. 1. Subs. by Act 62 of 1959, s. 35, for clause (d) (w.e.f. 16-1-1960). 2. Subs. by s. 35, ibid., for “five hundred rupees” (w.e.f. 16-1- 1960). 3. Subs. by Act 42 of 1983, s.36, for “section 40” (w.e.f. 31-5-1984). 4. Subs. by Act 62 of 1959, s. 36, for “fifty” (w.e.f. 16-1-1960). 34 ----- **66.Omission to furnish plans, etc.—Any person who, without reasonable excuse the burden of** proving which shall lie upon him, omits to make or furnish in the prescribed form or manner or at or within the prescribed time any plan, [1][section,] return, notice, register, record or report required by or under this Act to be made or furnished shall be punishable with fine which may extend to [2][one thousand] rupees. **67.Contravention of provisions regarding employment of labour.—Whoever, save as** permitted by section 38, contravenes any provision of this Act or of any regulation, rule or bye-law or of any order made thereunder prohibiting, restricting or regulating the employment or presence of persons in or about a mine shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to [3][one thousand] rupees, or with both [4]***. 5[68. Penalty for employment of persons below eighteen years of age.—If a person below eighteen years of age is employed in a mine in contravention of section 40, the owner, agent or manager of such mine shall be punishable with fine which may extend to five hundred rupees.] **69.Failure to appoint manager.—Whoever in contravention of the provisions of section 17, fails** to appoint a manager shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to [6][two thousand and five hundred] rupees, or with both [7]*** 7*** **70. Notice of accidents.—(1)Whoever in contravention of the provision of sub-section (1)of** section 23 fails to give notice of any accidental occurrence or to post a copy of the notice on the special notice board referred to in that sub-section and to keep it therefor the period specified shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. (2)Whoever in contravention of a direction made by the Central Government under sub-section (3) of section 23 fails to record in the prescribed register or to give notice of any accidental occurrence shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. **71.Owner, etc.,to report to Chief Inspector in certain cases.— Where the owner, agent or** manager of a mine, as the case may be, has taken proceedings under this Act against any person employed in or about a mine in respect of an offence under this Act, he shall within twenty-one days from the date of the judgment or order of the court report the result thereof to the Chief Inspector. **72.Obligation of persons employed in a mine.—No person employed in a mine shall—** (a) wilfully interfere with or misuse any appliance, convenience or other thing provided in a mine for the purpose of securing the health, safety or welfare of the persons employed therein; (b) wilfully and without reasonable cause do anything likely to endanger himself or others; (c) wilfully neglect to make use of any appliance or other thing provided in the mine for the purpose of securing the health or safety of the persons employed therein. 8[72A.Special Provision for contravention of certain regulations.—Whoever contravenes any provision of any regulation or of any bye-law or of, any order made thereunder, relating to matters specified in clauses (d), (i), (m), (n), (o), (p), (r), (s) and (u) of section 57 shall be punishable with 1. Ins. by Act 62 of 1959, s. 37 (w.e.f. 16-1-1960). 2. Subs. by s. 37, ibid., for “two hundred” (w.e.f. 16-1-1960). 3. Subs. by s. 38, ibid., for “five hundred” (w.e.f. 16-1-1960). 4. Certain words omitted by s. 38, ibid. (w.e.f. 16-1-1960). 5. Subs. by Act 42 of 1983, s. 37, for section 68 (w.e.f. 31-5-1984). 6. Subs. by Act 62 of 1959, s. 39, for “five hundred” (w.e.f. 16-1-1960). 7. Certain words omitted by s. 39, ibid. (w.e.f. 16-1-1960]. 8. Subs. by s. 40, ibid., for sections 73 and 74 (w.e.f. 16-1-1960). 35 ----- imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both. **72B. Special provision for contravention of orders under section 22.—Whoever continues to** work a mine in contravention of any order issued under sub-section (lA), sub-section (2) or subsection (3)of section 22 [1][or under section (2) of section 22A] shall be punishable with imprisonment for a term which may extend two years, and shall also be liable to fine which may extend to five thousand rupees: 1[Provided that in the absence of special and adequate reasons to the contrary to be recorded in writing in the judgment of the court such fine shall not be less than two thousand rupees.] **72C. Special provision for contravention of law with dangerous results.—(1)Whoever** contravenes any provision of this Act or of any regulation, rule or bye-law or of any order made thereunder [other than an order made under sub-section (lA) or sub-section (2) or sub-section (3) of section 22 [2][or under sub-section (2)of section 22A]], shall be punishable— (a) if such contravention results in loss of life, with imprisonment which may extend to two years, or with fine which may extend to five thousand rupees, or with both; or (b) if such contravention results in serious bodily injury, with imprisonment which may extend to one year, or with fine which may extend to three thousand rupees, or with both; or (c) if such contravention otherwise causes injury or danger to persons employed in the mine or other persons in or about the mine, with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both: 2[Provided that in the absence of special and adequate reasons to the contrary to be recorded in writing in the judgment of the court, such fine in the case of a contravention referred to in clause (a) shall not be less than three thousand rupees.] (2) Where a person having been convicted under this section is again convicted thereunder, he shall be punishable with double the punishment provided by sub-section (1). (3) Any court imposing or confirming in appeal, revision or otherwise a sentence of fine passed under this section may, when passing judgment, order the whole or any part of the fine recovered to be paid as compensation to the person injured or, in the case of his death, to his legal representative: Provided that at if the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal has been presented, before the decision of the appeal. **73.General provision for disobedience of orders.—Whoever contravenes any provision of this** Act or of any regulation, rule or bye-law or of any order made thereunder for the contravention of which no penalty is hereinbefore provided, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. **74. Enhanced penalty after previous conviction.—If any person who has been convicted for an** offence punishable under any of the foregoing provisions (other than sections 72B and 72C) is again convicted for an offence committed within two years of the previous conviction and involving a contravention of the same provision, he shall be punishable for each subsequent conviction with double the punishment to which he would have been liable for the first contravention of such provision.] **75. Prosecution of owner, agent or manager.—No prosecution shall be instituted against any** owner, agent or manager for any offence under this Act except at the instance of the Chief Inspector or of the district magistrate or of an Inspector authorised in this behalf by general or special order in writing by the Chief Inspector: 1.Ins. by Act 42 of 1983, s. 38 (w.e.f.31-5-1984). 2. Ins. by s.39, ibid. (w.e.f.31-5-1984). 36 ----- 1[Provided that the Chief Inspector or the district magistrate or the Inspector as so authorised shall, before instituting such prosecution, satisfy himself that the owner, agent or manager had failed to exercise all due diligence to prevent the commission of such offence.] 2[Provided further that] in respect of an offence committed in the course of the technical direction and management of a mine, the district magistrate shall not institute any prosecution against an owner, agent or manager without the previous approval of the Chief Inspector. 3[76.Determination of owner in certain cases.—Where the owner of a mine is a firm or other association of individuals, all, or any of the partners or members thereof or where the owner of a mine is a company, all or any of the directors thereof or where the owner of a mine is a Government or any local authority, all or any of the officers or persons authorised by such Government or local authority, as the case may be, to manage the affairs of the mine, may be prosecuted and punished under this Act for any offence for which the owner of a mine is punishable: 4[Provided that where a firm, association or company has given notice in writing to the Chief Inspector that it has nominated,— (a) in the case of a firm, any of its partners or managers; (b) in the case of an association, any of its members or managers; (c) in the case of a company, any of its directors or managers, who is resident, in each case in any place to which this Act extends and who is in each case either in fact in charge of the management of, or holds the largest number of shares in such firm, association or company, to assume the responsibility of the owner of the mine for the purposes of this Act, such partner, member, director or manager, as the case may be, shall, so long as he continues to so reside and be in charge or hold the largest number of shares as aforesaid, be deemed to be the owner of the mine for the purposes of this Act unless a notice in writing cancelling his nomination or stating that he has ceased to be a partner, member, director or manager, as the may be, is received by the Chief Inspector. _Explanation.—Where a firm, association or company has different establishments or branches or_ different units in any establishment or branch, different persons may be nominated under this proviso in relation to different establishments or branches or units and the person so nominated shall, with respect only to the establishment, branch or unit in relation to which he has been nominated, be deemed to be the owner of the mine. ]] **77.Exemption of owner,agent or manager from liability in certain cases.—Where the owner,** agent or manager of a mine, accused of an offence under this Act, alleges that another person is the actual offender, he shall be entitled, upon complaint made by him in this behalf [5][and on his furnishing the known address of the actual offender] and on giving to the prosecutor not less than three clear days notice in writing of his intention so to do, to have that other person brought before the court on the date appointed for the hearing of the case; and if, after the commission of the offence has been proved, the owner, agent or manager of the mine, as the case may be, proves to the satisfaction of the Court— (a) that he has used due diligence to enforce the execution of the relevant provision of this Act, and (b) that the other person committed the offence in question without his knowledge, consent or connivance, 1. Ins. by Act 42 of 1983, s. 40 (w.e.f. 31-5-1984). 2. Subs. by s. 40, ibid., for “Provided that” (w.e.f. 31-5-1984). 3. Subs. by Act 62 of 1959, s. 41, for section 76 (w.e.f. 16-1-1960). 4. Subs. by Act 42 of 1983, s. 41, for the proviso (w.e.f. 31-5-1984). 5. Ins. by Act 62 of 1959, s. 42 (w.e.f. 16-1-1960). 37 ----- the said other person shall be convicted of the offence and shall be liable to the like punishment as if he were the owner, agent or manager of the mine, and the owner, agent or manager, as the case may be, shall be acquitted; Provided that— (a) the owner, agent or manager of the mine, as the case may be, may be examined on oath and his evidence and that of any witness whom he calls in support shall be subject to crossexamination by or on behalf of the person he alleges as the actual offender and by the prosecutor; (b) if in spite of due diligence the person alleged as the actual offender cannot be brought before the court on the date appointed for the hearing of the case, the court shall adjourn the hearing thereof from time to time so however that the total period of such adjournments does not exceed three months, and if by the end of the said period the person alleged as the actual offender cannot be brought before the court, the court shall proceed to hear the case against the owner, agent or manager, as the case may be. **78. Power of Court to make orders.—(1) Where the owner, agent or manager of a mine is** convicted of an offence punishable under this Act, the court may, in addition to awarding him any punishment, by order in writing, require him within a period specified in the order (which may be extended by the court from time to time on application made in this behalf) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed. (2)Where an order is made under sub-section (1), the owner, agent or manager of the mine, as the case may be, shall not be liable under this Act in respect of the continuance of the offence during the period or extended period, if any, but if on the expiry of such period or extended period the order of the court has not been fully complied with, the owner, agent or manager, as the case may be, shall be deemed to have committed a further offence and shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or with both. **79.Limitation of prosecutions.—No Court shall take cognizance of any offence under this Act,** unless complaint thereof has been made— (i) within six months of the date on which the offence is alleged to have been committed, or (ii) within six months of the date on which the alleged commission of the offence came to the knowledge of the Inspector,or 1[(iia) in any case in which the accused is or was a public servant and previous sanction of the Central Government or of the State Government or of any other authority is necessary for taking cognizance of the offence under any law for the time being in force, within three months of the date on which such sanction is received by the Chief Inspector, or] (iii) in any case where a Court of inquiry has been appointed by the Central Government under section 24, within [2][one year] after the date of the publication of the report referred to in sub-section (4) of that section, whichever is later. 3[Explanation.—For the purposes of this section,— (a) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues; (b) where for the performance of any act time has been extended under this Act, the period of limitation shall be computed from the expiry of the extended period.] 1. Ins. by Act 42 of 1983, s. 42 (w.e.f. 31-5-1984). 2. Subs. by s. 42, ibid., for “six months” (w.e.f. 31-5-1984). 3. The Explanation added by Act 62 of 1959, s. 43 (w.e.f. 16-1-1960). 38 ----- **80.Cognizance of offences.—No Court inferior to that of a [1][Metropolitan Magistrate or Judicial** Magistrate of the first class] shall try any offence under this Act which is alleged to have been committed by any owner, agent or manager of a mine or any offence which is by this Act made punishable with imprisonment. **80A.[Special provision regarding fine.]Omitted by the Mines (Amendment) Act,** 1983 (42 of 1983), s. 44 (w.e.f. 31-5-1984). **81.Reference to Mining Board or Committee in lieu of prosecution in certain cases.—(1) If** the Court trying any case instituted at the instance of the Chief Inspector or of the district magistrate or of an Inspector under this Act is of opinion that the case is one which should, in lieu of a prosecution, be referred to [2]*** a Committee it may stay the criminal proceedings and report the matter to the Central Government with a view to such reference being made. (2) On receipt of a report under sub-section (1), the Central Government may refer the case to 2*** a Committee, or may direct the Court to proceed with the trial. CHAPTER X MISCELLANEOUS **82.Decision of question whether a mine is under this Act.—If any question arises as to whether** any excavation or working [3][or premises in or adjacent to and belonging to a mine, on which any process ancillary to the getting, dressing or preparation for sale of minerals or of coke is being carried on] is a mine within the meaning of this Act, the Central Government may decide the question, and a certificate signed by a Secretary to the Central Government shall be conclusive on the point. **83. Power to exempt from operation of Act.—[4][(1)]The Central Government may, by** notification in the Official Gazette, exempt either absolutely or subject to any specified conditions any local area or any mine or group or class of mines or any part of a mine or any class of persons from the operation of [5][all or any of the provisions of this Act or the regulations, rules or bye-laws.] Provided that no local area or mine or group or class of mines shall be exempted from the provisions of [6][sections 40 and 45] unless it is also exempted from the operation of all the other provisions of this Act. 7[(2) The Central Government may, by general or special order and subject to such restrictions as it may think fit to impose, authorise the Chief Inspector or any other authority to exempt, subject to any specified conditions, any mine or part thereof from the operation of any of the provisions of the 8[regulations rules or bye-laws] if the Chief Inspector or such authority is of opinion that the conditions in any mine or part thereof are such as to render compliance with such provision unnecessary or impracticable.] **84.Power to alter or rescind orders.—[9][(1)] The Central Government may reverse or modify** any order passed under this Act. 1. Subs. by Act 42 of 1983, s. 43, for “presidency magistrate or magistrate of the first class” (w.e.f. 31-5-1984). 2. The words “a Mining Board or” omitted by s. 45, ibid. (w.e.f. 31-5-1984). 3. Ins. by Act 62 of 1959, s. 45 (w.e.f. 16-1-1960). 4. Section 83 renumbered as sub-section (1) thereof by s. 46, ibid. (w.e.f. 16-1-1960). 5. Subs. by Act 42 of 1983, s. 46, for “all or any of the provisions of this Act” (w.e.f. 31-5-1984). 6. Subs. by s. 46, ibid., for “section 45” (w.e.f. 31-5-1984). 7. Ins. by Act 62 of 1959, s. 46 (w.e.f. 16-1-1960). 8. Subs. by Act 42 of 1983, s. 46, for “regulations or rules under this Act” (w.e.f. 31-5-1984). 9. Section 84 renumbered as sub-section (1) thereof by s. 47, ibid. (w.e.f. 31-5-1984). 39 ----- 1[(2)The Chief Inspector may, for reasons to be recorded in writing, reverse or modify any order passed by him under the Act or under any regulation, rule or bye-law. (3) No order prejudicial to the owner, agent or manager of a mine shall be made under this section unless such owner, agent or manager has been given a reasonable opportunity of making representation.] **85.Application of Act to mines belonging to Government.—This Act shall** [2][also] apply to mines belonging to the Government. 3[85A.Persons required to give notice, etc., legally bound to do so.— Every person required to give any notice or to furnish any information to any authority under this Act shall be legally bound to do so within the meaning of section 176 of the Indian Penal Code (45 of 1860).] 4[85B.Signing of returns, notices, etc.—All returns and notices required to be furnished or given given or communications sent by or on behalf of the owner of a mine in connection with the provisions of this Act or any regulation, rule, bye-law or any order made thereunder to whom power in this behalf has been delegated by the owner by a power of attorney. **85C.No fee or charge to be realised for facilities and conveniences.—No fee or charge shall be** realised from any person employed in a mine in respect of any protective arrangements or facilities to be provided, or any equipment or appliances to be supplied under the provisions of this Act.] **86.Application of certain provisions of Act 63 of 1948 to mines.—The Central Government** may, by notification in the Official Gazette, direct that the provisions of Chapters III and IV of the Factories Act, 1948 (63 of 1948) shall, subject to such exceptions and restrictions as may be specified in the notification, apply to all mines and the precincts thereof. **87.Protection of action taken in good faith.—No suit, prosecution or other legal proceeding** whatever shall lie against any person for anything which is in good faith done or intended to be done under this Act. **88. [Repeal of Act 4 of 1923.] Rep. by the Repealing and AmendingAct, 1957 (36 of 1957), s. 2** _and the First Schedule._ 1. Ins. by Act 42 of 1983, s. 47 (w.e.f. 31-5-1984). 2. Ins. by Act 62 of 1959, s. 47 (w.e.f. 16-1-1960). 3. Ins. by s. 48, ibid. (w.e.f. 16-1-1960). 4. Ins. by Act 42 of 1983, s. 48 (w.e.f. 31-5-1984). 40 -----

21-Mar-1952

37

The Cinematograph Act, 1952

https://www.indiacode.nic.in/bitstream/123456789/2170/5/a1952-37.pdf

central

# THE CINEMATOGRAPH ACT, 1952 ______ ARRANGMENT OF SECTIONS ______ PART I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 2A. [Omitted]. PART II CERTIFICATION OF FILMS FOR PUBLIC EXHIBITION 3. Board of film Certification. 4. Examination of films. 5. Advisory panels. 5A. Certification of films. 5B. Principles of guidance in certifying films. 5C. Appeals. 5D. [Omitted.] 5DD. [Omitted.] 5E. Suspension and revocation of certificate. 5F. Review of orders by Central Government. 6. Revisional powers of the Central Government. 6A. Information and documents to be given to distributors and exhibitors with respect to certified films. 6AA. Prohibition of unauthorized recording. 6AB. Prohibition of unauthorized exhibition of films. 6B. [Omitted.] 7. Penalties for contraventions of this Part. 7A. Power of seizure. 7B. Delegation of powers by Board. 7C. Power to direct exhibition of films for examination. 7D. Vacancies, etc., not to invalidate proceeding. 7E. Members of the Board and advisory panels to be public servants. 7F. Bar of legal proceedings. 1 ----- SECTIONS 8. Power to make rules. 9. Power to exempt. PART III REGULATION OF EXHIBITIONS BY MEANS OF CINEMATOGRAPHS 10. Cinematograph exhibitions to be licensed. 11. Licensing authority. 12. Restrictions on powers of licensing authority. 13. Power of Central Government or local authority to suspend exhibition of films in certain cases. 14. Penalties for contravention of this Part. 15. Power to revoke or suspend licence. 16. Power to make rules. 17. Power to exempt. PART IV REPEAL 18. Repeal. 2 ----- # THE CINEMATOGRAPH ACT, 1952 ACT NO. 37 OF 1952[1] [21st March, 1952.] # An Act to make provision for the certification of cinematograph films for exhibition and for regulating exhibitions by means of cinematographs. BE it enacted by Parliament as follows:— PART I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Cinematograph** Act, 1952. (2) Parts I, II and IV extends to the whole of India [2]* * * and Part III extends to [3][the Union territories] only. (3) This Act shall come into force on such date[4] as the Central Government may, by notification in the Official Gazette, appoint: **5* * * * *** **STATE AMENDMENTS** **Ladakh (UT).—** Section 1.—In sub-section (3), omit the proviso. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “adult” means a person who has completed his eighteenth year; 6[(b) “Board” means the Board of Film Certification constituted by the Central Government under section 3;] 7[(bb) “certificate” means the certificate granted by the Board under section 5A;] (c) “cinematograph” includes any apparatus for the representation of moving pictures or series of pictures; (d) “district magistrate”, in relation to a presidency-town, means the Commissioner of Police; 1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Schedule, Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule. Parts I and II of the Act shall come into force in the State of Jammu and Kashmir (w.e.f. 1-5-1974): _vide notification_ No. G.S.R. 183(E), dated 23-4-1974. Part III of the Act shall come into force in the Union territory of Arunachal Pradesh on (w.e.f. 1-10-1984): _vide_ notification No. S.O. 757(E), dated 29-10-1984. 2. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1973, s. 2. 3. Subs. by Act 3 of 1959, s. 2, for “Part C States”. 4. 28th July, 1952, Information and Broadcasting Ministry's Notification No. S.R.O. 1066, dated the 10th June, 1952, see Gazette of India, 1952, Part II, s. 3. 5. The Proviso omitted by Act 12 of 2023, s. 3 (w.e.f. 11-8-2023). 6. Subs. by Act 49 of 1981, s. 2, for clause (b) (w.e.f. 1-6-1983). 7. Ins. by s. 2, ibid. (w.e.f. 1-6-1983). 3 ----- 1[(dd) “film” means a cinematograph film;] 2[(ddd) “infringing copy” shall have the same meaning as assigned to it in sub-clause (ii) of clause (m) of section 2 of the Copyright Act, 1957 (14 of 1957);] (e) “place” includes a house, building, tent and any description of transport, whether by sea, land or air; (f) “prescribed” means prescribed by rules made under this Act; 3[(g) “regional officer” means a regional officer appointed by the Central Government under section 5 and includes an additional regional officer and an assistant regional officer; 4* - - - *] 5[(i) “UA marker” means an age-based indicator for a film which has received or is intended to receive a “UA” Certificate under section 4 and such indicator may be “UA 7+” or “UA 13+” or “UA 16+”: Provided that where the Central Government is satisfied that it is necessary or expedient so to do in public interest, it may, by an order published in the Official Gazette and for the reasons to be recorded in writing, declare such other indicators.] # 2A. [Construction of references to any law not in force or any functionary not in existence in the _State of Jammu and Kashmir.]—Omitted by the Jammu and Kashmir Reorganization (Adaptation of_ _Central Laws) Order, 2020, vide notification No. S.O._ 1123(E) dated (18-3-2020) _and Vide Union_ _Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O._ 3774(E), dated (23-10-2020). PART II CERTIFICATION OF FILMS FOR PUBLIC EXHIBITION 6[3. Board of film Certification.—(1) For the purpose of sanctioning films for public exhibition, the Central Government may, by notification in the Official Gazette, constitute a Board to be called the 7[Board of Film Certification] which shall consist of a Chairman and 8[not less than twelve and not more than twenty-five] other members appointed by the Central Government. (2) The Chairman of the Board shall receive such salary and allowances as may be determined by the Central Government, and the other members shall receive such allowances or fees for attending the meetings of the Board as may be prescribed. (3) The other terms and conditions of service of the members of the Board shall be such as may be prescribed.] **9[4. Examination of films.—(1) Any person desiring to exhibit any film shall make an application to** the Board for a certificate in such form and manner as may be prescribed. (2) The Board may, after examining the film in such manner as may be prescribed,— (i) sanction the film for unrestricted public exhibition: 1. Ins. by Act 3 of 1959, s. 3. 2. Ins. by Act 12 of 2023, s. 4 (w.e.f. 11-8-2023). 3. Ins. by Act 49 of 1981, s. 2 (w.e.f. 1-6-1983). 4. Clause (h) omitted by Act 33 of 2021, s. 9 (w.e.f.4-4-2021). 5. Ins. by Act 12 of 2023, s. 4 (w.e.f. 11-8-2023). 6. Subs. by Act 3 of 1959, s. 4, for sections 3 to 6. 7. Subs. by Act 49 of 1981, s. 3, for “Board of Film Censors” (w.e.f. 1-6-1983). 8. Subs. by s. 3, ibid., for “not more than nine” (w.e.f. 1-6-1983). 9. Subs. by Act 12 of 2023, s. 5, for section 4 (w.e.f. 11-8-2023). 4 ----- Provided that, having regard to any material in the film, if the Board is of the opinion that viewing of such film by any child between seven to eighteen years of age is subject to guidance of parents or lawful guardian, then the Board may sanction the film for unrestricted public exhibition with an endorsement to that effect containing UA marker. _Explanation.—For the removal of doubts, it is hereby clarified that—_ (a) the expression “seven” denotes completion of seven years of age and the expression “eighteen” denotes before attaining the age of eighteen years; (b) an endorsement by the Board shall enable the parents and lawful guardian of the child to consider whether such child should view such a film, and shall not be enforced by any person other than the parents or lawful guardian of the child; (ii) sanction the film for public exhibition restricted to adults; (iii) sanction the film for public exhibition restricted to members of any profession or any class of persons having regard to the nature, content and theme of the film; (iv) direct the applicant to carry out such excisions or modifications in the film as it may deem necessary before sanctioning the film for public exhibition under clauses (i), (ii) and (iii); or (v) refuse to sanction the film for public exhibition: Provided that no action under this section shall be taken by the Board, unless the applicant has been given an opportunity of being heard in the matter. (3) Any person desiring to exhibit on television or such other media as may be prescribed, any film which has been sanctioned by the Board under clause (ii) or clause (iii) of sub-section (2), may make an application to the Board in such form and manner as may be prescribed, and the Board may, for this purpose, sanction the film with a separate certificate, after directing the applicant to carry out such excisions or modifications in the film as it may think fit.] **5. Advisory panels.—(1) For the purpose of enabling the Board to efficiently discharge its functions** under this Act, the Central Government may establish at such regional centers as it thinks fit, advisory panels each of which shall consist of such number of persons, being persons qualified in the opinion of the Central Government to judge the effect of films on the public, as the Central Government may think fit to appoint thereto. (2) At each regional center there shall be as many regional officers as the Central Government may think fit to appoint, and rules made in this behalf may provide for the association of regional officers in the examination of films. (3) The Board may consult in such manner as may be prescribed, any advisory panel in respect of any film for which an application for a certificate has been made. (4) It shall be the duty of every such advisory panel whether acting as a body or in committees as may be provided in the rules made in this behalf to examine the film and to make such recommendations to the Board as it thinks fit. (5) The members of the advisory panel shall not be entitled to any salary but shall receive such fees or allowances as may be prescribed. **5A. Certification of films.—[1][(1) If, after examining a film or having it examined in the prescribed** manner, the Board considers that— 1. Subs. by Act 49 of 1981, s. 5, for sub-section (1) (w.e.f. 1-6-1983). 5 ----- (a) the film is suitable for unrestricted public exhibition, or, as the case may be, for unrestricted public exhibition with an endorsement of the nature mentioned in the proviso to clause (i) of sub-section (1) of section 4, it shall grant to the person applying for a certificate in respect of the film a “U” certificate or, as the case may be, a [1][‘‘UA’’ Certificate with any UA marker]; or (b) the film is not suitable for unrestricted public exhibition, but is suitable for public exhibition restricted to adults or, as the case may be, is suitable for public exhibition restricted to members of any profession or any class of persons, it shall grant to the person applying for a certificate in respect of the film an “A” certificate or, as the case may be, a “S” certificate, and cause the film to be so marked in the prescribed manner: Provided that the applicant for the certificate, any distributor or exhibitor or any other person to whom the rights in the film have passed shall not be liable for punishment under any law relating to obscenity in respect of any matter contained in the film for which certificate has been granted under clause (a) or clause (b).] (2) A certificate granted or an order refusing to grant a certificate in respect of any film shall be published in the Gazette of India. (3) Subject to the other provisions contained in this Act, a certificate granted by the Board under this section shall be valid throughout India [2]***. **5B. Principles of guidance in certifying films.—(1) A film shall not be certified for public** exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of [3][the sovereignty and integrity of India] the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of any offence. (2) Subject to the provisions contained in sub-section (1), the Central Government may issue such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under this Act in sanctioning films for public exhibition. 4[5C. Appeals.—(1) Any person applying for a certificate in respect of a film who is aggrieved by any order of the Board— (a) refusing to grant a certificate; or (b) granting only an “A” certificate; or (c) granting only a “S” certificate; or (d) granting only a [1][‘‘UA’’ Certificate with any UA marker]; or (e) directing the applicant to carry out any excisions or modifications, may, within thirty days from the date of such order, prefer an appeal to the [5][High Court]: Provided that the [5][High Court] may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the aforesaid period of thirty days, allow such appeal to be admitted within a further period of thirty days. 1. Subs. by Act 12 of 2023, s. 2, for ‘ “UA” certificate’ (w.e.f. 11-8-2023). 2. The words “for a period of ten years” omitted by Act 12 of 2023, s. 6 (w.e.f. 11-8-2023). 3. Ins. by Act 49 of 1981, s. 6 (w.e.f. 1-6-1983). 4. Subs. by s. 7, ibid., for section 5C (w.e.f. 1-6-1983). 5. Subs. by Act 33 of 2021, s. 9, for “Tribunal” (w.e.f. 4-4-2021). 6 ----- 1* - - - **5D. [Constitution of Appellate Tribunal].—Omitted by the Tribunal Reforms Act, 2021 (33 of 2021),** _s. 9 (w.e.f. 4-4-2021)._ **5DD. [Qualifications, terms and conditions of service of Chairman and Member].—Omitted by** _s. 9, ibid., (w.e.f. 4-4-2021)._ **5E. Suspension and revocation of certificate.—(1) Notwithstanding anything contained in** sub-section (2) of section 6, the Central Government may, by notification in the Official Gazette, suspend a certificate granted under this Part, for such period as it thinks fit or may revoke such certificate if it is satisfied that— (i) the film in respect of which the certificate was granted, was being exhibited in a form other than the one in which it was certified; or (ii) the film or any part thereof is being exhibited in contravention of the provisions of this Part or the rules made thereunder. (2) Where a notification under sub-section (1) has been published, the Central Government may require the applicant for certificate or any other person to whom the rights in the film have passed, or both, to deliver up the certificate and all duplicate certificates, if any, granted in respect of the film to the Board or to any person or authority specified in the said notification. (3) No action under this section shall be taken except after giving an opportunity to the person concerned for representing his views in the matter. (4) During the period in which a certificate remains suspended under this section, the film shall be deemed to be an uncertified film. **5F. Review of orders by Central Government.—(1) Where an applicant for a certificate or any** other person to whom the rights in the film have passed, is aggrieved by any order of the Central Government under section 5E, he may, within sixty days of the date of publication of the notification in the Official Gazette, make an application to the Central Government for review of the order, setting out in such application the grounds on which he considers such review to be necessary: Provided that the Central Government may, if it is satisfied that the applicant for a certificate or that other person was prevented by sufficient cause from filing an application for review within the aforesaid period of sixty days, allow such application to be filed within a further period of sixty days. (2) On receipt of the application under sub-section (1), the Central Government may, after giving the aggrieved person a reasonable opportunity of being heard, and after making such further inquiry, as it may consider necessary, pass such order as it thinks fit, confirming, modifying or reversing its decision and the Board shall dispose of the matter in conformity with such order.] **6. Revisional powers of the Central Government.—[2]***** (2) [3][Subject to the provisions of this Act], the Central Government may, by notification in the Official Gazette, direct that— (a) a film which has been granted a certificate shall be deemed to be an uncertified film in the whole or any part of India; or 1. Sub-section (2) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021). 2. Sub-section (1) omitted by Act 12 of 2023, s. 7 (w.e.f. 11-8-2023). 3. Subs. by s. 7, ibid., for “Without prejudice to the powers conferred on it under sub-section (1)” (w.e.f. 11-8-2023). 7 ----- (b) a film which has been granted a “U” certificate [1][or a [2][‘‘UA’’ Certificate with any UA marker] or a “S” certificate] shall be deemed to be a film in respect of which an “A” certificate has been granted; or (c) the exhibition of any film be suspended for such period as may be specified in the direction: Provided that no direction issued under clause (c) shall remain in force for more than two months from the date of the notification. (3) No action shall be taken under clause (a) or clause (b) of sub-section (2) except after giving an opportunity to the person concerned for representing his views in the matter. (4) During the period in which a film remains suspended under clause (c) of sub-section (2), the film shall be deemed to be an uncertified film.] 3[6A. Information and documents to be given to distributors and exhibitors with respect to **certified films.—Any person who delivers any certified film to any distributor or exhibitor shall, in such** manner as may be prescribed, notify to the distributor or exhibitor, as the case may be, the title, the length of the film, the number and the nature of the certificate granted in respect thereof and the conditions, if any, subject to which it has been so granted, and any other particulars respecting the film which may be prescribed.] **4[6AA. Prohibition of unauthorised recording.—No person shall use any audio-visual recording device in a** place licensed to exhibit films with the intention of making or transmitting or attempting to make or transmit or abetting the making or transmission of an infringing copy of such film or a part thereof. _Explanation.—For the purposes of this section, the expression “audio-visual recording device” means a digital_ or analogue photographic or video camera, or any other technology or device capable of enabling the recording or transmission of a copyrighted cinematographic film or any part thereof, regardless of whether audio-visual recording is the sole or primary purpose of the device. **6AB. Prohibition of unauthorised exhibition of films.— No person shall use or abet the use of an infringing** copy of any film to exhibit to the public for profit— (a) at a place of exhibition which has not been licensed under this Act or the rules made thereunder; or (b) in a manner that amounts to the infringement of copyright under the provisions of the Copyright Act, 1957 (14 of 1957) or any other law for the time being in force.] **6B. [Offences to be cognizable]—Omitted by the Cinematograph (Amendment)** _Act, 1984,_ _s. 2_ (w.e.f. 27-8-1984). **7. Penalties for contraventions of this Part.—[5][(1) If any person—** (a) without lawful authority (the burden of proving which shall be on such person) alters or tampers in any way any film after it has been certified, he shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than ten lakh rupees, or with both; (b) exhibits or permits to be exhibited in any place, any (i) which has not been certified by the Board; (ii) which, when exhibited does not display the prescribed mark of the Board; (iii) which, when exhibited displays a mark of the Board which has since been altered or tampered with, after the mark has been affixed, he shall be punishable with imprisonment for a term 1. Subs. by Act 49 of 1981, s. 9, for “may at any stage” (w.e.f. 1-6-1983). 2. Subs. by Act 12 of 2023, s. 2, for ‘ “UA” certificate’ (w.e.f. 11-8-2023). 3. Ins. by Act 19 of 1953, s. 3 (w.e.f. 1-6-1983). 4. Ins. by Act 12 of 2023, s. 8 (w.e.f. 11-8-2023). 5. Subs. by Act 18 of 2023, s. 2 and the Schedule, for sub-section (1) (w.e.f. 1-9-2023). 8 ----- which may extend to three years or with fine which may extend to ten lakh rupees, or with both and in the case of a continuing offence with a further fine which may extend to one lakh rupees for each day during which the offence continues; (c) exhibits or permits to be exhibited in any place, a video film in contravention of the provisions of clause (a) or clause (b), he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten lakh rupees, or with both, and in the case of a continuing offence with a further fine which may extend to one lakh rupees for each day during which the offence continues; (d) exhibits or permits to be exhibited any film, which has been certified by the Board as ‘‘A’’ within the meaning of this Act to any minor, such person shall be liable to penalty not exceeding ten thousand rupees per person for every such exhibition, levied by the authorised officer in such manner as may be prescribed; (e) exhibits or permits to be exhibited any film, which has been certified by the Board as ‘‘S’’ within the meaning of this Act, to a person who is not a member of such profession or class, shall be liable to penalty not exceeding ten thousand rupees per person for every such exhibition, levied by the authorised officer in such manner as may be prescribed; (f) fails to comply with the provisions contained in section 6A or with any order made by the Central Government or by the Board in the exercise of any of the powers or functions conferred on it by this Act or the rules made thereunder, he shall be liable to penalty not exceeding five lakh rupees, levied by the authorised officer and in such manner as may be prescribed: Provided that notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate, or any Judicial Magistrate of the First Class specially empowered by the State Government in this behalf, to pass a sentence of fine exceeding five thousand rupees on any person convicted of any offence punishable under this Part under clauses (a) to (c): Provided further that no distributor or exhibitor or owner or employee of a cinema house shall be liable to punishment for contravention of any condition of endorsement of caution that has been certified as "UA" under this Part. 1[(1A) Save as otherwise provided in section 52 of the Copyright Act, 1957 (14 of 1957), if any person contravenes the provisions of section 6AA or section 6AB, he shall be punishable with imprisonment for a term which shall not be less than three months, but may extend to three years and with a fine which shall not be less than three lakh rupees but may extend to five per cent. of the audited gross production cost. (1B) Notwithstanding anything contained in this section— (i) a person aggrieved by a contravention under section 6AA or section 6AB shall not be prevented from taking suitable action for an infringement under section 51 of the Copyright Act, 1957 (14 of 1957) or from taking suitable action for computer related offences under section 66 of the Information Technology Act, 2000 (21 of 2000) or any other relevant laws for the time being in force; (ii) the appropriate Government or its agencies shall not be prevented from taking suitable action against an intermediary as defined under clause (w) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000), where such intermediary acts in the manner as set out under sub-section (3) of section 79 of the said Act or any other law for the time being in force. 1. Ins. by Act 12 of 2023, s. 9 (w.e.f. 11-8-2023). 9 ----- _Explanation.—For the purposes of this sub-section, the expression “appropriate Government”_ shall have the same meaning as assigned to it in clause (e) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).] (2) If any person is convicted of an offence punishable under this section committed by him in respect of any film, the convicting court may further direct that the film shall be forfeited to the Government. (3) The exhibition of a film, in respect of which an “A” certificate [1][or a “S” certificate or a 2[‘‘UA’’ Certificate with any UA marker]] has been granted, to children below the age of three years accompanying their parents or guardians shall not be deemed to be an offence within the meaning of this section. 3[(4) Whoever aggrieved by any imposed under clauses (d) to (f) of sub-section (1) or section 14, may prefer an appeal to such appellate authority within such period and in such form and manner as may be prescribed.] 4[7A. Power of seizure.—(1) Where a film in respect of which no certificate has been granted under this Act is exhibited, or a film certified as suitable for public exhibition restricted to adults is exhibited to any person who is not an adult or a film is exhibited in contravention of any of the other provisions contained in this Act or of any order made by the Central Government [5][, the [6][High Court]] or the Board in the exercise of any of the powers conferred on it, any police officer may, [7]*** enter any place in which he has reason to believe that the film has been or is being or is likely to be exhibited, search it and seize the film. (2) All searches under this Act shall be carried out in accordance with the provisions of the [8][Code of Criminal Procedure, 1973 (2 of 1974)], relating to searches. **7B. Delegation of powers by Board.—[9][(1)] The Central Government may, by general or special** order, direct that any power, authority or jurisdiction exercisable by the Board under this Act shall, [10][in relation to the certification of the films under this Part] and subject to such condition, if any, as may be specified in the order, be exercisable also by the Chairman or any other member of the Board, and anything done or action taken by the Chairman or other member specified in the order shall be deemed to be a thing done or action taken by the Board. 11[(2) The Central Government may, by order and subject to such conditions and restrictions as may be prescribed, authorise the regional officers to issue provisional certificates.] **7C. Power to direct exhibition of films for examination.—For the purpose of exercising any of the** powers conferred on it by this Act, the Central Government [12][,the [6][High Court] ] or the Board may require any film to be exhibited before it or before [13][any person or authority] specified by it in this behalf. 1. Ins. by Act 49 of 1981, s. 11 (w.e.f. 1-6-1983). 2. Subs. by Act 12 of 2023, s. 2, for ‘ “UA” certificate’ (w.e.f. 11-8-2023). 3. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023). 4. Ins. by Act 3 of 1959, s. 5. 5. Ins. by Act 49 of 1981, s. 12 (w.e.f. 1-6-1983). 6. Subs. by Act 33 of 2021, s. 9, for “Tribunal” (w.e.f. 4-4-2021). 7. Certain words omitted by Act 49 of 1981, s. 12 (w.e.f. 1-6-1983). 8. Subs. by s. 12, ibid., for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 1-6-1983). 9. Section 7B re-numbered as sub-section (1) thereof by s. 13, ibid. (w.e.f. 1-6-1983). 10. Subs. by s. 13, ibid., for “in relation to such matters” (w.e.f. 1-6-1983). 11. Ins. by s. 13, ibid. (w.e.f. 1-6-1983). 12. Ins. by s. 14, ibid. (w.e.f. 1-6-1983). 13. Subs. by s. 14, ibid., for “any person” (w.e.f. 1-6-1983). 10 ----- **7D. Vacancies, etc., not to invalidate proceeding.—No act or proceeding of [1]***, the Board or of** any advisory panel shall be deemed to be invalid by reason only of a vacancy in, or any defect in, the constitution of [2*** ]the Board or panel, as the case may be. **7E. Members of the Board and advisory panels to be public servants.—All members of [1]*** the** Board and of any advisory panel shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **7F. Bar of legal proceedings.—No suit or other legal proceeding shall lie against [3][the Central** Government, [1]*** the Board], advisory panel or any officer or member of [4][the Central Government, [1]*** the Board or] advisory panel, as the case may be, in respect of anything which is in good faith done or intended to be done under this Act.] **8. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for the purpose of carrying into effect the provisions of this Part. 5[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for— (a) the allowances or fees payable to the members of the Board; (b) the terms and conditions of service of the members of the Board; 6 [(c) the form and manner of making an application to the Board for a certificate under sub-section (1) of section 4; (ca) the manner of examination of film under sub-section (2) of section 4; (cb) the media for exhibition of film and the form and manner of making an application to the Board in this regard under sub-section (3) of section 4;] 7[(cc) the authorised officer and the manner of levy of penalty by him in terms of clauses (d) to (f) of sub-section (1) of section 7; (cd) the period, form and manner of preferring appeal and appellate authority under sub-section (4) of section 7;] (d) the association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under section 7B to issue provisional certificates and the period of validity of such certificates; (e) the manner in which the Board may consult any advisory panel in respect of any film; (f) the allowances or fees payable to the members of advisory panel; (g) the marking of the films; 8* - - - *; 1. The words “the Tribunal” omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021). 2. Subs. by s. 12, ibid., for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 1-6-1983) 3. Subs. by Act 49 of 1981, s. 17, for “the Central Government, the Board” (w.e.f. 1-6-1983). 4. Subs. by s. 17, ibid., for “the Central Government, Board or” (w.e.f. 1-6-1983). 5. Subs. by Act 49 of 1981, s. 18, for sub-section (2) (w.e.f. 1-6-1983). 6. Subs. by Act 12 of 2023, s. 10 for clause (c) (w.e.f. 11-8-2023). 7. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023). 8. Clauses (h), (i), (j) and (k) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021). 11 ----- (l) the conditions (including conditions relating to the length of films in general or any class of films, in particular) subject to which any certificate may be granted, or the circumstances in which any certificate shall be refused; (m) any other matter which is required to be or may be prescribed.] 1[(3) Every rule made by the Central Government under this Part shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **9. Power to exempt.—The Central Government may, by order in writing exempt, subject to such** conditions and restrictions, if any, as it may impose, the exhibition of any film or class of films from any of the provisions of this Part or of any rules made thereunder. PART III REGULATION OF EXHIBITIONS BY MEANS OF CINEMATOGRAPHS **10. Cinematograph exhibitions to be licensed.—Save as otherwise provided in this Part, no person** shall give an exhibition by means of a cinematograph elsewhere than in a place licensed under this Part or otherwise than in compliance with any conditions and restrictions imposed by such licence. **11. Licensing authority.—The authority having power to grant licences under this Part (hereinafter** referred to as the licensing authority) shall be the district magistrate: Provided that the State Government may, by notification in the Official Gazette, constitute, for the whole or any part of a [2][Union territory], such other authority as it may specify in the notification to be the licensing authority for the purposes of this Part. **12. Restrictions on powers of licensing authority.—(1) The licensing authority shall not grant a** licence under this Part, unless it is satisfied that— (a) the rules made under this Part have been substantially complied with, and (b) adequate precautions have been taken in the place, in respect of which the licence is to be given, to provide for the safety of persons attending exhibitions therein. (2) Subject to the foregoing provisions of this section and to the control of the State Government, the licensing authority may grant licences under this Part to such persons as that authority thinks fit and on such terms and conditions and subject to such restrictions as it may determine. (3) Any person aggrieved by the decision of a licensing authority refusing to grant a licence under this Part may, within such time as may be prescribed, appeal to the State Government or to such officer as the State Government may specify in this behalf and the State Government or the officer, as the case may be, may make such order in the case as it or he thinks fit. (4) The Central Government may, from time to time, issue directions to licensees generally or to any licensee in particular for the purpose of regulating the exhibition of any film or class of films, so that scientific films, films intended for educational purposes, films dealing with news and current events, documentary films or indigenous films secure an adequate opportunity of being exhibited, and where any 1. Subs. by Act 25 of 1973, s. 4, for sub-section (3). 2. Subs. by Act 58 of 1960, s. 3 and Schedule II, for “Part C State”. 12 ----- such directions have been issued those directions shall be deemed to be additional conditions and restrictions subject to which the licence has been granted. **13. Power of Central Government or local authority to suspend exhibition of films in certain** **cases.—(1) The Lieutenant-Governor or, as the case may be, the Chief Commissioner, in respect of** the [1][whole or any part of a Union territory], and the District Magistrate in respect of the district within his jurisdiction, may, if he is of opinion that any film which is being publicly exhibited is likely to cause a breach of the peace, by order, suspend the exhibition of the film and during such suspension the film shall be deemed to be an uncertified film in the State, part or district, as the case may be. (2) Where an order under sub-section (1) has been issued by the Chief Commissioner or a District Magistrate, as the case may be, a copy thereof, together with a statement of reasons therefore, shall forthwith be forwarded by the person making the same to the Central Government, and the Central Government may either confirm or discharge the order. (3) An order made under this section shall remain in force for a period of two months from the date thereof, but the Central Government may, if it is of opinion that the order should continue in force, direct that the period of suspension shall be extended by such further period as it thinks fit. **14. Penalties for contravention of this Part.—If the owner or person in charge of a cinematograph** uses the same or allows it to be used, or if the owner or occupier of any place permits that place to be used in contravention of the provisions of this Part or of the rule made thereunder, or of the conditions and restrictions upon or subject to which any licence has been granted under this Part, he shall be [2][liable to penalty of one lakh rupees and, in the case of a continuing contravention, with a further penalty which may extend to ten thousand rupees for each day during which the contravention continues]. 3[15. Power to revoke or suspend licence.—(1) Where the holder of a licence has been convicted of an offence under clauses (a) to (c) of sub-section (1) of section 7, the licence may be revoked by the licensing authority. (2) Where the holder of a licence has been imposed penalty for contravention under clauses (d) to (f) of sub-section (1) of section 7 or section 14, the licence may be suspended by the licensing authority for a period not exceeding thirty days: Provided that in cases of more than three contraventions over a period of three years, the licensing authority, may, for the reasons to be recorded in writing, by order, revoke the licence: Provided further that no order under this section shall be made without giving the holder of the licence a reasonable opportunity of being heard.] **16. Power to make rules.—[4][(1)] The Central Government may, by notification in the Official** Gazette, make rules— (a) prescribing the terms, conditions and restrictions, if any, subject to which licences may be granted under this Part; (b) providing for the regulation of cinematograph exhibitions for securing the public safety; (c) prescribing the time within which and the conditions subject to which an appeal under sub-section (3) of section 12 may be preferred. 1. Subs. by Act 58 of 1960, s. 3 and Schedule II, for “whole Part C State or any part thereof”. 2. Subs. by Act 18 of 2023, s. 2 and the Schedule for certain words (w.e.f. 1-9-2023). 3. Subs. by s. 2 and the Schedule, ibid., for section 15 (w.e.f. 1-9-2023). 4. Section 16 re-numbered as sub-section (1) by Act 49 of 1981, s. 19 (w.e.f. 1-6-1983). 13 ----- 1[(2) Every rule made by the Central Government under this Part shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **17. Power to exempt.—The Central Government may, by order in writing exempt, subject to such** conditions and restrictions as it may impose, any cinematograph exhibition or class of cinematograph exhibitions from any of the provisions of this Part or of any rules made thereunder. PART IV REPEAL **18. Repeal.—The Cinematograph Act, 1918 (2 of 1918) is hereby repealed:** Provided that in relation to Part A States and Part B States the repeal shall have effect only in so far as the said Act relates to the sanctioning of cinematograph films for exhibition. 1. Ins. by Act 49 of 1981, s. 19 (w.e.f. 1-6-1983). 14 -----

9-Aug-1952

53

The Notaries Act, 1952

https://www.indiacode.nic.in/bitstream/123456789/2172/1/a1952-53.pdf

central

# THE NOTARIES ACT, 1952 _________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Power to appoint notaries. 4. Registers. 5. Entry of names in the Register and issue or renewal of certificates of practice. 6. Annual publication of lists of notaries. 7. Seal of notaries. 8. Functions of notaries. 9. Bar of practice without certificate. 10. Removal of names from Register. 11. Construction of references to notaries public in other laws. 12. Penalty for falsely representing to be a notary, etc. 13. Cognizance of offence. 14. Reciprocal arrangements for recognition of notarial acts done by foreign notaries. 15. Power to make rules. 16. [Repealed.] 1 ----- # THE NOTARIES ACT, 1952 ACT NO. 53 OF 1952[1] An Act to regulate the profession of notaries. BE it enacted by Parliament as follows:— [9th August, 1952.] **1. Short title, extent and commencement.—(1) This Act may be called the Notaries Act, 1952.** (2) It extends to the whole of India [2]* * *. (3) It shall come into force on such date[3] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** 4* - - - (b) “instrument” includes every document by which any right or liability is, or purports to be, created, transferred, modified, limited, extended, suspended, extinguished or recorded; 5[(c) “legal practitioner” means an advocate entered in any roll under the provisions of the Advocates Act, 1961 (25 of 1961);] (d) “notary” means a person appointed as such under this Act: Provided that for a period of two years from the commencement of this Act it shall include also a person who, before such commencement was appointed a notary public [6][under] the Negotiable Instruments Act, 1881 (26 of 1881), [7]* * * and is, immediately before such commencement, in practice in [8][any part of India: Provided further that in relation to the State of Jammu and Kashmir* the said period of two years shall be computed from the date on which this Act comes into force in that State.] (e) “prescribed” means prescribed by rules made under this Act; (f) “Register” means a Register of Notaries maintained by the Government under section 4; 9[(g) “State Government”, in relation to a Union territory, means the administrator thereof.] **3. Power to appoint notaries.—The Central Government, for the whole or any part of India, and any** State Government, for the whole or any part of the State, may appoint as notaries any legal practitioners or other persons who possess such qualifications as may be prescribed. **4. Registers.—(1) The Central Government and every State Government shall maintain, in such form** as may be prescribed, a Register of the notaries appointed by that Government and entitled to practice as such under this Act. (2) Every such Register shall include the following particulars about the notary whose name is entered therein, namely:— (a) his full name, date of birth, residential and professional address; 1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Schedule, Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Schedule I; Pondicherry by Act 26 of 1968, s. 3 and Schedule and the State of Sikkim by S.O. No. 213(E), dated 16-5-1975, Gazette of India, Extraordinary, 1975, Part II, s. 3(ii) (w.e.f. 16-5-1975). 2. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968). 3. 14th February, 1956: vide notification No. S.R.O. 317, dated 10th February, 1956, see Gazette of India, Extraordinary, Part II, s. 3. 4. Clause (a) omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968). 5. Subs. by Act 36 of 1999, s. 2, for clause (c) (w.e.f. 17-12-1999). 6. Subs. by Act 25 of 1968, s. 2 and the Schedule, for “either under” (w.e.f. 15-8-1968). 7. The words “or by Master of Faculties in England” omitted by s. 2 and the Schedule, ibid. (w.e.f. 15-8-1968). 8. Subs. by s. 2 and the Schedule, ibid., for “any part of India” (w.e.f. 15-8-1968). 9. Subs. by the A.O. (No. 3), 1956, for clause (g). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 2 ----- (b) the date on which his name is entered in the Register; (c) his qualifications; and (d) any other particulars which may be prescribed. **5. Entry of names in the Register and issue or renewal of certificates of practice.—(1) Every** notary who intends to practise as such [1][may] on payment to the Government appointing him of the prescribed fee, if any, be entitled— (a) to have his name entered in the Register maintained by that Government under section 4, and (b) to a certificate authorising him to practise for a period of [2][five years] from the date on which the certificate is issued to him. 3[(2) The Government appointing the notary, may, on receipt of an application and the prescribed fee, renew the certificates of practice of any notary for a period of five years at a time.] **6. Annual publication of lists of notaries.—The Central Government and every State Government** shall, during the month of January each year, publish in the Official Gazette a list of notaries appointed by that Government and in practice at the beginning of that year together with such details pertaining to them as may be prescribed. **7. Seal of notaries.—Every notary shall have and use, as occasion may arise, a seal of such form and** design as may be prescribed. **8. Functions of notaries.—(1) A notary may do all or any of the following acts by virtue of his** office, namely:— (a) verify, authenticate, certify or attest the execution of any instrument; (b) present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security; (c) note or protest the dishonour by non-acceptance or non-payment of any promissory note, hundi or bill of exchange or protest for better security or prepare acts of honour under the Negotiable Instruments Act, 1881 (26 of 1881), or serve notice of such note or protest; (d) note and draw up ship's protest, boat's protest or protest relating to demurrage and other commercial matters; (e) administer oath to, or take affidavit from, any person; (f) prepare bottomry and respondentia bonds, charter parties and other mercantile documents; (g) prepare, attest or authenticate any instrument intended to take effect in any country or place outside India in such form and language as may conform to the law of the place where such deed is intended to operate; (h) translate, and verify the translation of, any document from one language into another; 4[(ha) act as a Commissioner to record evidence in any civil or criminal trial if so directed by any court or authority; (hb) act as an arbitrator, mediator or conciliator, if so required;] (i) any other act which may be prescribed. (2) No act specified in sub-section (1) shall be deemed to be a notarial act except when it is done by a notary under his signature and official seal. 1. Subs. by Act 36 of 1999, s. 3, for “shall” (w.e.f. 17-12-1999). 2. Subs. by s. 3, ibid., for “three years” (w.e.f. 17-12-1999). 3. Subs. by s. 3, ibid., for sub-section (2) (w.e.f. 17-12-1999). 4. Ins. by s. 4, ibid. (w.e.f. 17-12-1999). 3 ----- **9. Bar of practice without certificate.—(1) Subject to the provisions of this section, no person shall** practise as a notary or do any notarial act under the official seal of a notary unless he holds a certificate of practice in force issued to him under section 5: Provided that nothing in this sub-section shall apply to the presentation of any promissory note, hundi or bill of exchange for acceptance or payment by the clerk of a notary acting on behalf of such notary. (2) Nothing contained in sub-section (1) shall, until the expiry of two years from the commencement of this Act, apply to any such person as is referred to in the proviso to clause (d) of section 2. 1[Provided that in relation to the State of Jammu and Kashmir* the said period of two years shall be computed from the date on which this Act comes into force in that State.] **10. Removal of names from Register.—The Government appointing any notary may, by order,** remove from the Register maintained by it under section 4 the name of the notary if he— (a) makes a request to that effect; or (b) has not paid any prescribed fee required to be paid by him; or (c) is an undischarged insolvent; or (d) has been found, upon inquiry in the prescribed manner, to be guilty of such professional or other misconduct as, in the opinion of the Government, renders his unfit to practise as a notary; [2][or] 3[(e) is convicted by any court for an offence involving moral turpitude; or (f) does not get his certificate of practice renewed.] **11. Construction of references to notaries public in other laws.—Any reference to a notary public** in any other law shall be construed as a reference to a notary entitled to practice under this Act. **12. Penalty for falsely representing to be a notary, etc.—Any person who—** (a) falsely represents that he is a notary without being appointed as such, or (b) practises as a notary or does any notarial act in contravention of section 9, shall be punishable with imprisonment for a term which may extend to [3][one year], or with fine, or with both. **13. Cognizance of offence.—(1) No Court shall take cognizance of any offence committed by a** notary in the exercise or purported exercise of his functions under this Act save upon complaint in writing made by an officer authorised by the Central Government or a State Government by general or special order in this behalf. (2) No Magistrate other than a Presidency Magistrate or a Magistrate of the first class shall try an offence punishable under this Act. **14. Reciprocal arrangements for recognition of notarial acts done by foreign notaries.—If the** Central Government is satisfied that by the law or practice of any country or place outside India, the notarial acts done by notaries within India are recognised for all or any limited purposes in that country or place, the Central Government may, by notification in the Official Gazette, declare that the notarial acts lawfully done by notaries within such country or place shall be recognised within India for all purposes or, as the case may be, for such limited purposes as may be specified in the notification. **15. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— 1. Ins. by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968). 2. Ins. by Act 36 of 1999, s. 5, for “or” (w.e.f. 17-12-1999). 3. Subs. by s. 6, ibid., for “three months” (w.e.f. 17-12-1999). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 4 ----- (a) the qualifications of a notary, the form and manner in which applications for appointment as a notary may be made and the disposal of such applications; (b) the certificates, testimonials or proofs as to character, integrity, ability and competence which any person applying for appointment as a notary may be required to furnish; 1[(c) the fees payable for appointment as a notary and for the issue and renewal of a certificate of practice, area of practice or enlargement of area of practice and exemption whether wholly or in part, from such fees in specified classes of cases;] (d) the fees payable to a notary for doing any notarial act; (e) the form of Registers and the particulars to be entered therein; (f) the form and design of the seal of a notary; (g) the manner in which inquiries into allegations of professional or other misconduct of notaries may be made; (h) the acts which a notary may do in addition to those specified in section 8 and the manner in which a notary may perform his functions; (i) any other matter which has to be, or may be, prescribed. 2[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **16. [Amendment of Act 26 of 1881.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2** _and Schedule I._ 1. Subs. by Act 36 of 1999, s. 7, for clause (c) (w.e.f. 17-12-1999). 2. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984). 5 -----

12-Aug-1952

58

The Salaries and Allowances of Ministers Act, 1952

https://www.indiacode.nic.in/bitstream/123456789/2129/1/A1952_58.pdf

central

# THE SALARIES AND ALLOWANCES OF MINISTERS ACT, 1952 ________ ARRANGEMENT OF SECTIONS ___________ SECTIONS 1. Short title. 2. Definition. 3. Salaries and daily constituency allowances. 4. Residence of Ministers. 5. Sumptuary allowance to Ministers. 6. Travelling and daily allowances to Ministers. 7. Medical treatment, etc., to Ministers. 8. Advances to Ministers for purchase of motor-cars. 9. Ministers not to draw salary or allowances as Members of Parliament. 10. Notification respecting appointment, etc., of Ministers to be conclusive evidence thereof. 10A. Exemption from liability to pay income-tax on certain perquisites received by a Minister. 11. Power to make rules. 12. Regularisation of certain payments. 13. [Repealed.]. 1 ----- # THE SALARIES AND ALLOWANCES OF MINISTERS ACT, 1952 ACT NO. 58 OF 1952 [12th August, 1952.] # An Act to provide for the salaries and allowances of Ministers. BE it enacted by Parliament as follows:— **1. Short title.—This Act may be called the Salaries and Allowances of Ministers Act, 1952.** **2. Definition.—In this Act, “Minister” means a member of the Council of Ministers, by whatever** name called, and includes a Deputy Minister. 1[3. Salaries and daily constituency allowances.—(1) Each Minister shall be entitled to receive a salary per mensem, and an allowance for each day during the whole of his term as such Minister at the same rates as are specified in section 3 of the Salaries, Allowances and Pension of Members of Parliament Act, 1954 (30 of 1954) with respect to members of Parliament. (2) Each Minister shall be entitled to receive a constituency allowance at the same rate as is specified under section 8 of the said Act with respect to members of Parliament.] **4. Residence of Ministers.—[2][(1)] Each Minister shall be entitled without payment of rent to the use** of a furnished residence throughout his term of office and for a period of [3][one month] immediately thereafter, and no charge shall fall on the Minister personally in respect of the maintenance of such residence. 4[(2) In the event of death of the Minister, his family shall be entitled to the use of the furnished residence occupied by the Minister— (a) for a period of one month immediately after his death, without payment of rent and no charge shall fall on the family of the Minister in respect of the maintenance of such residence, and (b) for a further period of one month, on payment of rent at such rates as may be prescribed by rules made in this behalf by the Central Government and also charges in respect of electricity and water consumed in that residence during such further period.] _Explanation.—For the purposes of this section, “residence” includes the staff quarters and other_ buildings appurtenant thereto, and the garden thereof, and “maintenance” in relation to a residence includes the payment of local rates and taxes and the provision of electricity and water. 5[5. Sumptuary allowance to Ministers.—6[(1)] There shall be paid a sumptuary allowance to each Minister at the following rates, namely:— (a) the Prime Minister Rupees three thousand per mensem; (b) every other Minister who is a member of the Cabinet Rupees two thousand per mensem; (c) a Minister of State Rupees one thousand per mensem; (d) a Deputy Minister Rupees six hundred per mensem.] 1. Subs. by Act 76 of 1985, s. 2, for section 3 (w.e.f. 26-12-1985). 2. Section 4 renumbered as sub-section (1) of that section by Act 47 of 1969, s. 2 (w.e.f. 1-11-1966). 3. Subs. by s. 2, ibid., for “fifteen days” (w.e.f. 1-11-1966). 4. Ins. by s. 2, ibid. (w.e.f. 1-11-1966). 5. Subs. by Act 44 of 2000, s. 2, for section 5 (w.e.f. 17-9-2001). 6. Section 5 numbered as sub-section (1) thereof by Act 18 of 2020, s. 2 (w.e.f. 9-4-2020). 2 ----- 1[(2) Notwithstanding anything contained in sub-section (1), the sumptuary allowance payable to each Minister under that sub-section shall be reduced by thirty per cent. for a period of one year commencing from the 1st April, 2020, to meet the exigencies arising out of Corona Virus (COVID-19) pandemic.] **6. Travelling and daily allowances to Ministers.—(1) Subject to any rules made in this behalf by** the Central Government, a Minister shall be entitled to— (a) travelling allowances for himself and the members of his family and for the transport of his and his family’s effects— (i) in respect of the journey to Delhi from his usual place of residence outside Delhi for assuming office, and (ii) in respect of the journey from Delhi to his usual place of residence outside Delhi on relinquishing office; and (b) travelling and daily allowances in respect of tours undertaken by him in the discharge of his official duties, whether by sea, land or air. 2[3[(1A) A Minister shall be entitled to an amount equal to the fare for a single journey performed by him, during each year, within India, either alone or along with spouse or legitimate or step children, residing with and wholly dependent on him, or any number of companions or relatives, at the same rates at which travelling allowance is payable to such Minister under clause (b) of sub-section (1) in respect of tours referred to in that clause, subject to a maximum of forty-eight such fares per year: Provided that the spouse or legitimate or step children residing with and wholly dependent on the Minister, as the case may be, may undertake such journey alone.]] (2) Any travelling allowance under this section may be paid in cash or free official transport provided in lieu thereof. **7. Medical treatment, etc., to Ministers.—Subject to any rules made in this behalf by the Central** Government, a Minister and the members of his family shall be entitled free of charge to accommodation in hospitals maintained by the Government and also to medical treatment. **8. Advances to Ministers for purchase of motor-cars.—There may be paid to any Minister by way** of a repayable advance such sum of money as may be determined by rules made in this behalf for the purchase of a motor-car in order that he may be able to discharge conveniently and efficiently the duties of his office. **9. Ministers not to draw salary or allowances as Members of Parliament.—No person in receipt** of a salary or allowance under this Act shall be entitled to receive any sum out of funds provided by Parliament by way of salary or allowance in respect of his membership of either House of Parliament. **10. Notification respecting appointment, etc., of Ministers to be conclusive evidence thereof.—** The date on which any person became or ceased to be a Minister shall be published in the Official Gazette, and any such notification shall be conclusive evidence of the fact that he became, or ceased to be, a Minister on that date for all the purposes of this Act. 4[10A. Exemption from liability to pay income-tax on certain perquisites received by a **Minister.—Notwithstanding anything contained in the Income-tax Act, 1961 (43 of 1961), the value of** rent free furnished residence (including maintenance thereof) provided to a Minister under sub-section (1) of section 4 shall not be included in the computation of his income chargeable under the head “Salaries” under section 15 of the Income-tax Act, 1961 (43 of 1961).] 1. Ins. by Act 18 of 2020, s. 2 (w.e.f. 9-4-2020). 2. Ins. by Act 76 of 1985, s. 4 (w.e.f. 26-12-1985). 3. Subs. by Act 2 of 2010, s. 2, for sub-section (1A) (w.e.f. 5-2-2010). 4. Ins. by Act 76 of 1985, s. 5 (w.e.f. 26-12-1985). 3 ----- 1[11. Power to make rules.—(1) The Central Government may make rules to carry out the purposes of this Act. (2) Every rule made under this Act after the commencement of the Salaries and Allowances of Ministers (Amendment) Act, 1977 shall be laid before each House of Parliament and no such rule shall come into force until it has been approved, whether with or without modifications, by each House of Parliament and published by the Central Government in the Official Gazette.] **12. Regularisation of certain payments.—All salaries paid or payable for the period commencing** on the 14th day of May, 1952, and ending with the commencement of this Act to Ministers described as Ministers of Cabinet rank (but not Members of the Cabinet), all charges incurred before the commencement of this Act in respect of the accommodation provided in any hospital maintained by the Central Government for or on the medical treatment of any Minister or any member of his family and all payments made before such commencement by way of travelling or daily allowances to any Deputy Minister; shall be deemed to have been properly paid, payable or incurred or made. **13. [Repeal of Act 53 of 1947.]—Rep. by the Repealing and Amending Act, 1957** (36 of 1957), s. 2 _and_ _the First Schedule (w.e.f. 7-9-1957)._ 1. Subs. by Act 37 of 1977, s. 2, for section 11 (w.e.f. 9-12-1977). 4 -----

14-Aug-1952

60

The Commissions of Inquiry Act, 1952

https://www.indiacode.nic.in/bitstream/123456789/1508/1/AAA1952___60.pdf

central

# THE COMMISSIONS OF INQUIRY ACT, 1952 ________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 2A. [Omitted.] 3. Appointment of Commission. 4. Powers of Commission. 5. Additional powers of Commission. 5A. Power of Commission to utilise the services of certain officers and investigation agencies for conducting investigation pertaining to inquiry. 5B. Power of Commission to appoint assessors. 6. Statements made by persons to the Commission. 6A. Persons not obliged to disclose secret process of manufacture of goods in certain cases. 7. Commission to cease to exist when so notified. 8. Procedure to be followed by the Commission. 8A. Inquiry not to be interrupted by reason of vacancy or change in the constitution of the Commission. 8B. Persons likely to be prejudicially affected to be heard. 8C. Right of cross-examination and representation by legal practitioner. 9. Protection of action taken in good faith. 10. Members, etc., to be public servants. 10A. Penalty for acts calculated to bring the Commission or any member thereof into disrepute. 11. Act to apply to other inquiring authorities in certain cases. 12. Power to make rules. 1 ----- # THE COMMISSIONS OF INQUIRY ACT, 1952 ACT NO. 60 OF 1952[1] [14th August, 1952.] # An Act to provide for the appointment of Commissions of Inquiry and for vesting such Commissions with certain powers. BE it enacted by Parliament as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Commissions of** Inquiry Act, 1952. 2[(2) It extends to the whole of India: 3* - - - *] (3) It shall come into force on such date[4] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appropriate Government” means— (i) the Central Government, in relation to a Commission appointed by it to make an inquiry into any matter relatable to any of the entries enumerated in List I or List II or List III in the Seventh Schedule to the Constitution; and (ii) the State Government, in relation to a Commission appointed by it to make an inquiry into any matter relatable to any of the entries enumerated in List II or List III in the Seventh Schedule to the Constitution: 5* - - - (b) “Commission” means a Commission of Inquiry appointed under section 3; (c) “prescribed” means prescribed by rules made under this Act. 1. This Act has been extended to— Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Schedule (w.e.f. 1-2-1965). Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Schedule I. Pondicherry (w.e.f. 1-10-1963) by Reg. 7 of 1963, s. 3 and Schedule I. 2. Subs by Act 79 of 1971, s. 2, for sub-section (2). 3. The proviso omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 4. 1st October, 1952, _vide Notification No. S.R.O. 1670, dated the 30th September, 1952,_ _see Gazette of India,_ Extraordinary, Part II, s. 3. This Act, as amended by Act 79 of 1971, came into force in the State of Jammu and Kashmir on 6-3-1972 and in the districts of Kohima and Mokokchung in the State of Nagaland on 15-2-1972, vide notification No. 94(E), dated 4-3-1972 and 74(E), dated 14-2-1972, respectively, issued under s. 15 of Act 79 of 1972. 5. The Proviso omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and _vide Union Territory of Ladakh Reorganisation (Adaptation of_ Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020). 2 ----- **2A. [Construction of references to laws not in force in the State of Jammu and Kashmir*.]—** _omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide_ _notification No. S.O. 1123(E), dated (18-3-2020) and_ _vide Union Territory of Ladakh Reorganisation_ _(Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020).]_ **3. Appointment of Commission.—(1) The appropriate Government may, if it is of opinion that it** is necessary so to do, and shall if a resolution in this behalf is passed by [1][each House of Parliament or, as the case may be, the Legislature of the State], by notification in the Official Gazette, appoint a Commission of Inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the Commission so appointed shall make the inquiry and perform the functions accordingly: Provided that where any such Commission has been appointed to inquire into any matter— (a) by the Central Government, no State Government shall, except with the approval of the Central Government, appoint another Commission to inquire into the same matter for so long as the Commission appointed by the Central Government is functioning; (b) by a State Government, the Central Government shall not appoint another Commission to inquire into the same matter for so long as the Commission appointed by the State Government is functioning, unless the Central Government is of opinion that the scope of the inquiry should be extended to two or more States. (2) The Commission may consist of one or more members appointed by the appropriate Government, and where the Commission consists of more than one member, one of them may be appointed as the Chairman thereof. 2[(3) The appropriate Government may, at any stage of an inquiry by the Commission fill any vacancy which may have arisen in the office of a member of the Commission (whether consisting of one or more than one member). (4) The appropriate Government shall cause to be laid before [2][each House of Parliament or, as the case may be, the Legislature of the State], the report, if any, of the Commission on the inquiry made by the Commission under sub-section (1) together with a memorandum of the action taken thereon, within a period of six months of the submission of the report by the Commission to the appropriate Government.] 3* * * * * **4. Powers of Commission.—The Commission shall have the powers of a civil court, while trying** a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— (a) [4][summoning and enforcing the attendance of any person from any part of India] and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; (f) any other matter which may be prescribed. 1. Subs. by Act 19 of 1990, s. 2, for certain words. 2. Ins. by Act 79 of 1971, s. 5. 3. Sub-sections (5) and (6) omitted by Act 19 of 1990, s. 2. 4. Subs. by Act 79 of 1971, s. 6, for certain words. *. _Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of_ Jammu and Kashmir and the Union territory of Ladakh. 3 ----- **5. Additional powers of Commission.—(1) Where the appropriate Government is of opinion** that, having regard to the nature of the inquiry to be made and other circumstances of the case, all or any of the provisions of sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) should be made applicable to a Commission, the appropriate Government may, by notification in the Official Gazette, direct that all or such of the said provisions as may be specified in the notification shall apply to that Commission and on the issue of such a notification, the said provisions shall apply accordingly. (2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry [1][and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code (45 of 1860)]. (3) The Commission or any officer, not below the rank of a Gazetted Officer, specially authorised in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any books of account or other documents relating to the subject matter of the inquiry may be found, and may seize any books of account or documents or take extracts or copies therefrom, subject to the provisions of section 102 and section 103 of the Code of Criminal Procedure, 1898 (5 of 1898), in so far as they may be applicable. (4) The Commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1898 (5 of 1898), forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the Code of Criminal Procedure, 1898. (5) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860). 2[5A. Power of Commission to utilise the services of certain officers and investigation **agencies for conducting investigation pertaining to inquiry.—(1) The Commission may, for the** purpose of conducting any investigation pertaining to the inquiry, utilise the services,— (a) in the case of a Commission appointed by the Central Government, of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be; or (b) in the case of a Commission appointed by the State Government, of any officer or investigation agency of the State Government or Central Government with the concurrence of the State Government or the Central Government, as the case may be. (2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under sub-section (1) may, subject to the direction and control of the Commission,— (a) summon and enforce the attendance of any person and examine him; (b) require the discovery and production of any document; and (c) requisition any public record or copy thereof from any office. 1. Ins. by Act 79 of 1971, s. 7. 2. Ins. by s. 8, ibid. 4 ----- (3) The provisions of section 6 shall apply in relation to any statement made by a person before any officer or agency whose services are utilised under sub section (1) as they apply in relation to any statement made by a person in the course of giving evidence before the Commission. (4) The officer or agency, whose services are utilised under sub-section (1), shall investigate into any matter pertaining to the inquiry and submit a report thereon (hereafter in this section referred to as the investigation report) to the Commission within such period as may be specified by the Commission in this behalf. (5) The Commission shall satisfy itself about the correctness of the facts stated and the conclusions, if any, arrived at in the investigation report submitted to it under sub-section (4), and for this purpose the Commission may make such inquiry (including the examination of the person or persons who conducted or assisted in the investigation) as it thinks fit.] 1[5B. Power of Commission to appoint assessors.—The Commission may, for the purpose of conducting any inquiry, appoint persons having special knowledge of any matter connected with the inquiry as assessors, to assist and advise the Commission in the inquiry and the assessors shall be entitled to such travelling and other expenses as may be prescribed.] **6. Statements made by persons to the Commission.—No statement made by a person in the** course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: Provided that the statement— (a) is made in reply to a question which he is required by the Commission to answer, or (b) is relevant to the subject matter of the inquiry. 2[6A. Persons not obliged to disclose secret process of manufacture of goods in certain **cases.—Except in cases where a Commission is expressly required to inquire into the process of** manufacture of any goods, nothing in this Act shall be deemed to compel any person giving evidence before the Commission to disclose any secret process of manufacture thereof.] 3[7. Commission to cease to exist when so notified.—(1) The appropriate Government may, by notification in the Official Gazette, declare that— (a) a Commission (other than a Commission appointed in pursuance of a resolution passed by 4[each House of Parliament or, as the case may be, the Legislature of the State] shall cease to exist, if it is of opinion that the continued existence of the Commission is unnecessary; (b) a Commission appointed in pursuance of a resolution passed by [4][each House of Parliament or, as the case may be, the Legislature of the State] shall cease to exist if a resolution for the discontinuance of the Commission is passed by [4][each House of Parliament or, as the case may be, the Legislature of the State]. (2) Every notification issued under sub-section (1) shall specify the date from which the Commission shall cease to exist and on the issue of such notification, the Commission shall cease to exist with effect from the date specified therein.] **8. Procedure to be followed by the Commission.—The Commission shall, subject to any rules** that may be made in this behalf, have power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private) [5]* * *. 6[8A. Inquiry not to be interrupted by reason of vacancy or change in the constitution of the **Commission.—(1) Where the Commission consists of two or more members, it may act** 1. Ins. by Act 63 of 1988, s. 2. 2. Ins. by Act 79 of 1971, s. 9. 3. Subs. by s. 10, ibid., for section 7. 4. Subs. by Act 19 of 1990, s. 3, for certain words. 5. Certain words omitted by Act 79 of 1971, s. 11. 6. Ins. by s. 12, ibid. 5 ----- notwithstanding the absence of the Chairman or any other member or any vacancy among its members. (2) Where during the course of an inquiry before a Commission, a change has taken place in the constitution of the Commission by reason of any vacancy having been filled or by any other reason, it shall not be necessary for the Commission to commence the inquiry a fresh and the inquiry may be continued from the stage at which the change took place. **8B. Persons likely to be prejudicially affected to be heard.—If, at any stage of the inquiry, the** Commission,— (a) considers it necessary to inquire into the conduct of any person; or (b) is of opinion that the reputation of any person is likely to be prejudicially affected by the inquiry, the Commission shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence: Provided that nothing in this section shall apply where the credit of a witness is being impeached. **8C. Right of cross-examination and representation by legal practitioner.—The appropriate** Government, every person referred to in section 8B and, with the permission of the Commission, any other person whose evidence is recorded by the Commission,— (a) may cross-examine a witness other than a witness produced by it or him; (b) may address the Commission; and (c) may be represented before the Commission by a legal practitioner or, with the permission of the Commission, by any other person.] **9. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against** the appropriate Government, the Commission or any member thereof, or any person acting under the direction either of the appropriate Government or of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder or in respect of the publication, by or under the authority of the appropriate Government or the Commission, of any report, paper or proceedings. **10. Members, etc., to be public servants.—Every member of the Commission and every officer** appointed or authorised by the Commission in exercise of functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 1[10A. Penalty for acts calculated to bring the Commission or any member thereof into **disrepute.—(1) If any person, by words either spoken or intended to be read, makes or publishes any** statement or does any other act, which is calculated to bring the Commission or any member thereof into disrepute, he shall be punishable with simple imprisonment for a term which may extend to six months, or with fine, or with both. 2[(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), when an offence under sub-section (1) is alleged to have been committed, the High Court may take cognizance of such offence, without the case being committed to it, upon a complaint in writing, made by a member of a Commission or an officer of the Commission authorised by it in this behalf. (3) Every complaint referred to it in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him. (4) No High Court shall take cognizance of an offence under sub-section (1) unless the complaint is made within six months from the date on which the offence is alleged to have been committed. 1. Ins. by Act 79 of 1971, s. 13. 2. Subs. by Act 63 of 1988, s. 3, for sub-section (2). 6 ----- (5) A High Court taking cognizance of an offence under sub-section (1) shall try the case in accordance with the procedure for the trial of warrant cases instituted otherwise than on a police report before a court of a Magistrate: Provided that the personal attendance of a member of a Commission as a complainant or otherwise is not required in such trial. (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) an appeal shall lie as a matter of right from any judgment of the High Court to the Supreme Court, both on facts and on law. (7) Every appeal to the Supreme Court under sub-section (6) shall be preferred within a period of thirty days from the date of the judgment appealed from: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days.]] **11. Act to apply to other inquiring authorities in certain cases.—Where any authority (by** whatever name called), other than a Commission appointed under section 3, has been or is set up under any resolution or order of the appropriate Government for the purpose of making an inquiry into any definite matter of public importance and that Government is of opinion that all or any of the provisions of this Act should be made applicable to that authority, that Government may, subject to the prohibition contained in the proviso to sub section (1) of section 3, by notification in the Official Gazette, direct that the said provisions of this Act shall apply to that authority, and on the issue of such a notification, that authority shall be deemed to be a Commission appointed under section 3 for the purposes of this Act. **12. Power to make rules.—(1) The appropriate Government may, by notification in the Official** Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the term of office and the conditions of service of the members of the Commission; (b) the manner in which inquiries may be held under this Act and the procedure to be followed by the Commission in respect of the proceedings before it; (c) the powers of civil court which may be vested in the Commission; 1[(cc) the travelling and other expenses payable to assessors appointed under section 5B, and to person summoned by the Commission to give evidence or to produce documents before it;] (d) any other matter which has to be, or may be, prescribed. 2[(3) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or [3][in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 4[(4) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before the State Legislature.] _____ 1. Ins. by Act 63 of 1988, s. 4 (w.e.f. 10-12-1988). 2. Ins. by Act 79 of 1971, s. 14. 3. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f. 15-5-1986). 4. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-5-1986). 7 -----

22-Aug-1952

63

The State Armed Police Forces (Extension of Laws) Act, 1952

https://www.indiacode.nic.in/bitstream/123456789/19246/1/a1952-63.pdf

central

# THE STATE ARMED POLICE FORCES (EXTENSION OF LAWS) ACT, 1952 ___________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and extent. 2. Definition. 3. Extension of disciplinary laws of any State to members of the armed police force of that State when serving outside that State. 4. Power to add to, or omit from, the Schedule. SCHEDULE. 1 ----- # THE STATE ARMED POLICE FORCES (EXTENSION OF LAWS) ACT, 1952 ACT NO. LXIII OF 1952 [22nd August, 1952.] An Act to provide for the extension of disciplinary laws in force in any State relating to the armed police force of that State to members of the said force when serving outside that State. BE it enacted by Parliament as follows:— **1. Short title and extent.—(1) This Act may be called the State Armed Police Forces (Extension of** Laws) Act, 1952. (2) It extends to the whole of India [1]***. **2. Definition.—In this Act, "armed police force" means any police force constituted by any of the** enactments specified in the Schedule for the time being in force. **3. Extension of disciplinary laws of any State to members of the armed police force of that State** **when serving outside that State.—Where any detachment of an armed police force of a State is serving** in any part of any other State, whether independently or by being attached to the police force of that other State, then, notwithstanding anything contained in section 3 of the Police Act, 1888 (III of 1888), every member of the said detachment, while discharging the functions of a police officer in that other State, shall continue to be subject to the same laws in respect of discipline and liabilities as would have been applicable to him, if he had been discharging those functions within the State to which the said force belongs. **4. Power to add to, or omit from, the Schedule.—The Central Government may, by notification in** the Official Gazette, add to, or omit from, the Schedule any enactment and on the publication of such a notification, the Schedule shall be deemed to be amended accordingly. 1. Omitted by Act 62 of 1952, s. 2 and the Schedule, for “except the State of Jammu and Kashmir” (w.e.f. 1-11-1956). 2 ----- **SCHEDULE** (See section 2 and 4) 1. The Bengal Military Police Act, 1892 (V of 1892). 2. The Eastern Frontier Rifles (Bengal Battalion) Act, 1920 (Bengal Act No. II of 1920). 3. The Bombay State Reserve Police Force Act, 1951 (Bombay Act No. XXXVIII of 1951). 4. The Central Provinces and Berar Special Armed Constabulary Act, 1942 (C.P. and Berar Act No. VII of 1942). 5. The Madhya Bharat Special Armed Force Act, Samvat 2007 (Madhya Bharat Act No.75 of 1950). 6. The Orissa Military Police Act, 1946 (Orissa Act No. VII of 1946). 7. The Rajasthan Armed Constabulary Act, 1950 (Rajasthan Act No. XII of 1950). 8. The United Provinces Provincial Armed Constabulary Act, 1948 (U.P. Act No. XL of 1948). 3 -----

22-Aug-1952

62

The Reserve and Auxiliary Air Forces Act, 1952

https://www.indiacode.nic.in/bitstream/123456789/2161/1/195262.pdf

central

# THE RESERVE AND AUXILIARY AIR FORCES ACT, 1952 ____________ # ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Appointment of competent authority. CHAPTER II REGULAR AIR FORCE RESERVE 4. Constitution of Regular Air Force Reserve. 5. Recruitment to the Regular Air Force Reserve. 6. Classes of person in the Regular Air Force Reserve. 7. Period of service. 8. Termination of service in the Reserve. CHAPTER III AIR DEFENCE RESERVE 9. Constitution of Air Defence Reserve. 10. Classes of persons in the Air Defence Reserve. 11. Obligation to register. 12. Liability to be called up for inquiry. 13. Calling-up for inquiry. 14. Medical examination. 15. Registration of persons considered fit for enrolment. 16. Calling up for service. 17. Period of service. CHAPTER IV AUXILIARY AIR FORCE 18. Constitution of Auxiliary Air Force. 19. Classes of persons in the Auxiliary Air Force. 20. Officers of the Auxiliary Air Force. 21. Persons eligible for enrolment. 22. Period of service. 23. Termination of service. 24. Advisory Committees. 1 ----- CHAPTER V LIABILITY AND DISCIPLINE OF MEMBERS OF RESERVE AND AUXILIARY AIR FORCES SECTIONS 25. Liability to be called up for service. 26. Application of Air Force Act, 1950. CHAPTER VI MISCELLANEOUS 27. Reinstatement in civil employ of persons required to perform service under this Act. 28. Preservation of certain rights of persons called up for service. 29. Pay and allowances. 30. Penalties. 31. Service of notice. 32. Competent authority to be public servant. 33. Power of Central Government to grant exemptions. 34. Power to make rules. 35. [Repealed.] 36. [Repealed.] 2 ----- # THE RESERVE AND AUXILIARY AIR FORCES ACT, 1952 ACT NO. 62 OF 1952[1] [22nd August, 1952.] # An Act to provide for the constitution and regulation of certain Air Force Reserve and also an Auxiliary Air Force and for matters connected therewith. BE it enacted by Parliament as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement. —(1) This Act may be called the Reserve and Auxiliary** Air Forces Act, 1952. (2) It extends to the whole of India. (3) This Chapter shall come into force at once, and the remaining provisions shall come into force on such date[2] as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Air Force Reserve” means any of the Air Force Reserves raised and maintained under this Act; (b) “competent authority” means an air officer or a committee consisting of two or more air officers appointed under section 3; (c) “prescribed” means prescribed by rules made under this Act; (d) all other words and expressions used herein and defined in the Air Force Act, 1950 (15 of 1950) and not hereinbefore defined shall have the meanings respectively assigned to them by that Act. **3. Appointment of competent authority.—The Central Government may, by notification in the** Official Gazette, appoint an air officer[3] or a committee consisting of two or more air officers to perform all or any of the functions of the competent authority under this Act for such area as may be specified in the notification. CHAPTER II REGULAR AIR FORCE RESERVE **4. Constitution of Regular Air Force Reserve.—The Central Government may raise and maintain** in the manner hereafter in this Chapter provided an Air Force Reserve to be designated the Regular Air Force Reserve which shall consist solely of persons transferred or appointed to it under section 5. **5. Recruitment to the Regular Air Force Reserve.—(1) The competent authority may, by general** or special order, transfer to the Regular Air Force Reserve— (a) any officer or airman of the Air Force who under the terms and conditions of his service is liable to serve in any Air Force Reserve if and when constituted; 1. This Act has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule (w.e.f. 1-7-1965); and comes into force in Pondicherry vide Reg. 7 of 1963, s. 3 and the First Schedule (w.e.f. 1-10-1963); and the State of Sikkim vide Notification No. S.R.O. 25(E), dated 20-4-1976 (w.e.f. 1-5-1976). 2. Chapters II and III and provisions of Chapters V and VI except so far as they relate to the Auxiliary Air Force came into force on the 15th August, 1955, _vide S.R.O. 332, dated the 20th August, 1955, Gazette of India, Part II, sec. 4. Chapter IV and_ provisions of Chapters V and VI relating to the Auxiliary Air Force came into force on the 15th October, 1955, vide S.R.O. 395, dated the 15th October, 1955, Gazette of India, Part II, sec. 4. 3. The Deputy Chief of Air Staff, vide S.R.O. 321, dated the 20th August, 1955, Gazette of India, Part II, sec. 4. 3 ----- (b) any officer or airman of the Air Force whose commission or engagement in the Air Force has been terminated before the commencement of this Act and who under the terms of his commission or engagement was liable to serve in any Air Force Reserve if and when constituted; (c) any officer or airman who has served in the Air Force and has retired therefrom; and any officer or airman so transferred shall be deemed to be a member of the said Reserve. (2) The competent authority may, in such circumstances and subject to such conditions as may be prescribed, by special order, appoint to the Regular Air Force Reserve any member of the Air Defence Reserve or the Auxiliary Air Force raised and maintained under this Act, and where any such member is so appointed, he shall cease to be a member of the Air Defence Reserve or the Auxiliary Air Force, as the case may be, and shall as from the date of such appointment be deemed to be a member of the Regular Air Force Reserve. (3) The competent authority may, for reasons which in its opinion are sufficient, cancel any order made under sub-section (1) or sub-section (2) and on the cancellation of such order the person in respect of whom the order had been made shall cease to be a member of the Regular Air Force Reserve. **6. Classes of persons in the Regular Air Force Reserve.—Members of the Regular Air Force** Reserve shall be divided into the following classes, namely:— (a) general duties officers; (b) ground duties officers, and (c) airmen, and every officer shall be entitled on transfer or appointment to the Reserve to hold the same rank as that which he last held in the Air Force, or the Air Defence Reserve or the Auxiliary Air Force, as the case may be, before such transfer or appointment. **7. Period of service.—(1) Every member of the Regular Air Force Reserve shall be liable to serve in** the Reserve— (a) if he is transferred to the Reserve under sub-section (1) of section 5, for the period of his Reserve liability; and (b) if he is appointed to the Reserve under sub-section (2) of section 5, for the remainder of the period for which he was liable to serve in the Air Defence Reserve or the Auxiliary Air Force, as the case may be: Provided that the competent authority may require any such member to serve in the Reserve for such further period or periods not exceeding in the aggregate five years as it may think fit. _Explanation I.—For the purposes of this sub-section, “period of Reserve liability” in relation to any_ member of the Regular Air Force Reserve means the period for which under the terms and conditions of his service in the Air Force he was liable to serve in any Air Force Reserve if and when constituted. _Explanation II.—In computing the period of Reserve liability in relation to any member of the_ Regular Air Force Reserve whose commission or engagement in the Air Force was terminated before the commencement of this Act, the period which has elapsed between such termination and the date of such commencement shall be included. (2) Notwithstanding anything contained in sub-section (1), no person shall be liable to serve in the Reserve after attaining the prescribed age. **8. Termination of service in the Reserve.—Every member of the Regular Air Force Reserve shall,** on completion of the period of his service therein, cease to be a member of the Reserve. CHAPTER III AIR DEFENCE RESERVE **9. Constitution of Air Defence Reserve.—The Central Government may raise and maintain in the** manner hereafter in this Chapter provided an Air Force Reserve to be designated the Air Defence Reserve which shall consist of persons deemed under the provisions of section 16 to be enrolled therein. 4 ----- **10. Classes of persons in the Air Defence Reserve.—Members of the Air Defence Reserve shall be** divided into the following classes, namely:— (a) general duties officers; (b) ground duties officers; and (c) airmen. **11. Obligation to register.—(1) Every citizen of India who—** (a) holds or has held a public transport pilot’s licence (“B” Licence) issued under the Indian Aircraft Rules, 1937, or (b) has had not less than two hundred hours’ experience of solo flying, including not less than thirty landings, or (c) holds or has held a first class navigator's licence issued under the Indian Aircraft Rules, 1937, or (d) has had at least four years’ aviation experience during which at least six hundred hours shall have been spent in the air, not less than one hundred hours of such experience being experience of navigation in the air, or (e) holds or has held a first class radio telegraph operator’s licence issued under Indian Aircraft Rules, 1937, or (f) holds or has held a radio telephone operator’s licence issued under Indian Aircraft Rules, 1937, or (g) holds or has held a licence as ground engineer in any of the categories A, B, C, D or X issued under the Indian Aircraft Rules, 1937, or (h) is or was at any time employed in connection with any aerodrome or in connection with the control and movement of aircraft, in such capacity as may be prescribed, shall within the prescribed period correctly fill up, or cause to be filled up, to the best of his knowledge and belief the prescribed form, and sign and lodge it with the competent authority nearest to his usual place of residence or business: Provided that nothing contained in this sub-section shall apply— (i) to any person belonging to any of the classes specified in clauses (a) to (f), if he has attained the age of thirty-seven years; or (ii) to any person belonging to any of the classes specified in clauses (g) and (h), if he has attained the age of fifty years. (2) Without prejudice to the provisions contained in sub-section (1), the competent authority may, if it is satisfied that the provisions of that sub-section apply to any person, by order in writing, require that person to furnish within such time such particulars as may be specified in the order and such person shall within the specified time furnish correctly to the best of his knowledge and belief the said particulars to the said authority in such form and manner as may be prescribed. **12. Liability to be called up for inquiry.—Every person to whom the provisions of section 11 are** applicable shall be liable to be called up for inquiry under section 13,— (a) if he belongs to any of the classes specified in clauses (a) to (f) of sub-section (1) of section 11, until he has completed his thirty-seventh year, and (b) if he belongs to any of the classes specified in clauses (g) and (h) of the said sub-section, until he has completed his fiftieth year. **13. Calling-up for inquiry.—The competent authority may cause to be served on any person for the** time being liable to be called up for inquiry under section 12 a written notice stating that he is called up for inquiry regarding his fitness for service in the Air Defence Reserve and requiring him to present 5 ----- himself to such person and at such place and at such time as may be specified in the notice and to submit himself to inquiry by the said person. **14. Medical examination.—Every person called up for inquiry under section 13 shall, if and when** required by the competent authority, present himself for examination before such medical officer as may be directed by that authority and, for the purposes of such examination, shall comply with the directions of the medical officer. **15. Registration of persons considered fit for enrolment.—If, after such inquiry and medical** examination as aforesaid, the competent authority considers a person fit for enrolment in the Air Defence Reserve, it shall inform him accordingly and enter his name and other prescribed particulars in a register maintained in such form and manner as may be prescribed. **16. Calling up for service.—The competent authority may cause to be served on any person whose** name is entered in the register maintained in pursuance of section 15 a written notice stating that he is called up for service in the Air Defence Reserve and requiring him to present himself at such place and time and to such authority as may be specified in the notice; and the person upon whom the notice is served shall be deemed to be enrolled in the Reserve as from the day so specified. **17. Period of service.—(1) Every person deemed to be enrolled in the Air Defence Reserve shall be** liable for service— (a) if he belongs to any of the classes specified in clauses (a) to (f) of sub-section (1) of section 11, until he has completed his forty-second year; (b) if he belongs to any of the classes specified in clauses (g) and (h) of the said sub-section, until he has completed his fifty-fifth year. (2) Every such person, on attaining the age specified in sub-section (1), shall cease to be a member of the Air Defence Reserve. CHAPTER IV AUXILIARY AIR FORCE **18. Constitution of Auxiliary Air Force.—(1) The Central Government may raise and maintain in** the manner hereafter in this Chapter provided an Air Force to be designated the Auxiliary Air Force. (2) The Central Government may constitute such number of squadrons and units of the Auxiliary Air Force as it thinks fit and may disband or reconstitute any squadron or unit. **19. Classes of persons in the Auxiliary Air Force.—Members of the Auxiliary Air Force shall be** divided into the following classes, namely:— (a) general duties officers; (b) ground duties officers; and (c) airmen. **20. Officers of the Auxiliary Air Force.—The President may grant to such person as he thinks fit a** commission as an officer in the Auxiliary Air Force with designation of rank corresponding to that of any commissioned officer in the Air Force. **21. Persons eligible for enrolment.—Any citizen of India may offer himself for enrolment in the** Auxiliary Air Force and may, if he satisfies the prescribed conditions, be so enrolled on such terms as may be prescribed. **22. Period of service.—Every officer and every enrolled person shall, subject to any rules that may** be made in this behalf under this Act, be required to serve in the Auxiliary Air Force for a period of five years from the date of his appointment or enrolment but may, after the completion of his period of service, volunteer to serve therein for further periods each of not more than five years’ duration. 6 ----- **23. Termination of service.—The service of any officer or enrolled person in the Auxiliary Air** Force may, at any time before the completion of his period of service, be terminated by such authority and under such conditions as may be prescribed. **24. Advisory Committees.—(1) The Central Government shall, as soon as may be after the** commencement of this Act, constitute— (a) for the whole of India, a Central Advisory Committee; (b) for each State, a State Advisory Committee; and (c) for every unit of the Auxiliary Air Force, a Unit Advisory Committee. (2) It shall be the duty of the Central Advisory Committee to advise the Central Government on matters connected with the Auxiliary Air Force generally, of the State Advisory Committee to advise the Central Government on matters connected with the formation of squadrons or units in the State and squadrons or units already stationed in the State. (3) The duties, powers and procedure of Advisory Committees and in particular the matters in respect of which the Advisory Committees may be called upon to give advice shall be such as may be prescribed. CHAPTER V LIABILITY AND DISCIPLINE OF MEMBERS OF RESERVE AND AUXILIARY AIR FORCES **25. Liability to be called up for service.—Every member of an Air Force Reserve or the Auxiliary** Air Force shall, during the period of his service, be liable to be called up— (a) for training for such period as may be prescribed and for medical examination, (b) for service in aid of the civil power, (c) for Air Force service in India or abroad. **26. Application of Air Force Act, 1950.—Every member of an Air Force Reserve or the Auxiliary** Air Force shall, when called up for training, medical examination or for service under this Act, be subject to the Air Force Act, 1950 (45 of 1950), and the rules made thereunder in the same manner as a person belonging to the Air Force and holding the same rank is subject to the said Act and rules and shall continue to be so subject until duly released from such training, medical examination or service, as the case may be. CHAPTER VI MISCELLANEOUS **27. Reinstatement in civil employ of persons required to perform service under this Act.—(1) It** shall be the duty of every employer by whom a person called up under section 25 is employed to grant him such leave as may be necessary and to reinstate him in his employment on the termination of the period during which he has been so called up in an occupation and under conditions not less favourable to him than those which would have been applicable to him had he not been so called up: Provided that if the employer refuses to reinstate such person or denies his liability to reinstate such person, or if for any reason the reinstatement of such person is represented by the employer to be impracticable, either party may refer the matter to the prescribed authority and that authority shall, after considering all matters which may be put before him and after making such further inquiry into the matter as may be prescribed, pass an order— (a) exempting the employer from the provisions of this section, or (b) requiring him to re-employ such person on such terms as that authority thinks suitable, or (c) requiring him to pay to such person by way of compensation for failure or inability to re-employ a sum not exceeding an amount equal to six months' remuneration at the rate at which his last remuneration was payable to him by the employer. 7 ----- (2) If any employer fails to obey the order of any such authority as is referred to in the proviso to sub-section (1), he shall be punishable with fine which may extend to one thousand rupees, and the court by which an employer is convicted under this section shall order him (if he has not already been so required by the said authority) to pay to the person whom he has failed to re-employ a sum equal to six months’ remuneration at the rate at which his last remuneration was payable to him by the employer, and any amount so required to be paid either by the said authority or by the court shall be recoverable as if it were a fine imposed by such court. (3) In any proceeding under this section it shall be a defence for an employer to prove that the person formerly employed did not apply to the employer for reinstatement within a period of two months from the termination of the period during which he was called up under section 25. (4) The duty imposed by sub-section (1) upon an employer to grant leave to a person such as is described in that sub-section or to reinstate him in his employment shall attach to an employer who, before such person is actually called up under section 25, terminates his employment in circumstances such as to indicate an intention to evade the duty imposed by that sub-section and such intention shall be presumed until the contrary is proved if the termination takes place after the issue of an order relating to that person under section 25. **28. Preservation of certain rights of persons called up for service.—When any person called up** under section 25 has any rights under any provident fund or superannuation fund or other scheme for the benefit of employees maintained in connection with the employment he relinquishes, he shall continue, during the period for which he has been so called up and if he is reinstated, until such reinstatement under the provisions of this Act, to have in respect of such fund or scheme such rights as may be prescribed. **29. Pay and allowances.—(1) Every member of an Air Force Reserve or the Auxiliary Air Force** shall, during the period of training or active service, receive such pay and allowances as are admissible to an officer or airman, as the case may be, in the corresponding rank, branch or trade of the Air Force. (2) Where any such member was in any employment immediately before he is called up for training under section 25, the employer shall, during the period of the training, be liable to pay to him the difference, if any, between the pay and allowances which he would have received from the employer if he had not been called up for such training and the pay and allowances which he receives as such member while under training. (3) If any employer refuses or fails to pay to any such member the difference in pay and allowances as provided in sub-section (2), such difference in pay and allowances may, on application by the member to the prescribed authority, be recovered from the employer in such manner as may be prescribed. **30. Penalties.—(1) If any person refuses or without lawful excuse (the burden of proving which shall** lie upon such person) neglects to comply fully with the requirements of sub-section (1) of section 11 or of any order made under sub-section (2) of that section or with the requirements of section 14, he shall be punishable with fine which may extend to five hundred rupees. (2) If any person wilfully fails to comply with any notice issued under section 13 or section 16, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both. **31. Service of notice.—Any notice or order to be served on any person for the purposes of this Act** may be sent by post to that person at his last known address or may be served upon him in such other manner as may be prescribed. **32. Competent authority to be public servant.—For the purposes of this Act every competent** authority and where the competent authority consists of a committee of two or more air officers, every member of the committee shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). **33. Power of Central Government to grant exemptions.—The Central Government may, for** special reasons and subject to such conditions as may be prescribed, by order exempt any person from any obligation or liability under this Act or any particular provision thereof. 8 ----- **34. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the composition and strength of any Air Force Reserve; (b) the circumstances in which and the conditions subject to which any officer or airman may be transferred or appointed to the Regular Air Force Reserve under section 5; (c) the age beyond which persons shall not be liable to serve in the Regular Air Force Reserve; (d) the form and manner in which the particulars required by sub-section (2) of section 11 shall be furnished; (e) the form and manner in which registers shall be maintained in pursuance of section 15, the particulars to be entered therein, and the correction or revision of such particulars from time to time; (f) the pay or allowances payable to persons called up for inquiry or medical examination under this Act; (g) the terms and conditions subject to which a person may be enrolled as a member of the Auxiliary Air Force; (h) the authority by which and the conditions subject to which the service of any officer or enrolled person in the Auxiliary Air Force may be terminated; (i) the constitution and the duties, powers and procedure of Advisory Committees to be constituted under section 24; (j) the period and manner of training of members of any Air Force Reserve and the Auxiliary Air Force; (k) the manner in which and the conditions subject to which the rank of any member of an Air Force Reserve may be determined; (l) the constitution of the authority for the purpose of section 27 and the manner in which such authority may conduct any inquiry under this Act; (m) the authority to which an application under sub-section (3) of section 29 may be made and the manner in which the difference in the pay and allowances may be recovered under that sub-section; (n) the manner in which any notice or order issued or made under this Act may be served; (o) the conditions subject to which any person may be exempted from any obligation or liability under this Act or any particular provision thereof; (p) any other matter which under this Act is to be, or may be prescribed. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to fifty rupees. 1[(4) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 1. Subs. by Act 4 of 1986, s. 2 and the Schedule. (w.e.f. 15-5-1986). 9 ----- 35. [Amendment of sections 2, 4 and 31, Act 45 of 1950.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and the First Schedule. 36. [Repeal of Act 36 of 1939.] Rep. by s. 2 and the First Schedule, ibid. 10 -----

26-Dec-1952

74

The Forward Contracts (Regulation) Act, 1952

https://www.indiacode.nic.in/bitstream/123456789/2163/1/195274.pdf

central

# THE FORWARD CONTRACTS (REGULATION) ACT, 1952 ______ # ARRANGEMENT OF SECTIONS _____ CHAPTER I PPRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II THE FORWARD MARKETS COMMISSION 3. Establishment and constitution of the Forward Markets Commission. 4. Functions of the Commission. 4A. Powers of the Commission. CHAPTER III RECOGNISED ASSOCIATIONS 5. Application for recognition of associations. 6. Grant of recognition to association. 7. Withdrawal of recognition. 8. Power of Central Government to call for periodical returns or direct inquiries to be made. 9. Furnishing of annual reports to the Central Government by recognised associations. 9A. Power of recognised association to make rules respecting grouping of members, restricting voting rights, etc., in special cases. 10. Power of Central Government to direct rules to be made or to make rules. 11. Power of recognised association to make bye-laws. 12. Power of Central Government to make or amend bye-laws of recognised associations. 12A. Application of amendment of bye-laws to existing forward contracts. 12B. Power of Commission to suspend member of recognised association or to prohibit him from trading. 13. Power of Central Government to supersede governing body of recognised association. 14. Power to suspend business of recognised association. CHAPTER IIIA REGISTERED ASSOCIATIONS 14A. Certificate of registration to be obtained by all associations. 14B. Grant or refusal of certificate of registration. 14C. Application of sections 8 and 12B to registered associations. CHAPTER IV FORWARD CONTRACTS AND OPTIONS IN GOODS 15. Forward contracts in notified goods illegal or void in certain circumstances. 16. Consequences of notification under section 15. 17. Power to prohibit forward contracts in certain cases. 1 ----- SECTIONS 18. Special provisions respecting certain kinds of forward contracts. 19. Prohibition of options in goods. CHAPTER V PENALTIES AND PROCEDURE 20. Penalties. 21. Penalty for owning or keeping place used for entering into forward contracts in goods. 21A. Power of court to order forfeiture of property. 22. Offences by companies. 22A. Power to search and seize books of account or other documents. 22B. Presumptions to be drawn in certain cases. 23. Certain offences to be cognizable. 24. Jurisdiction to try offences under this Act. CHAPTER VI MISCELLANEOUS 25. Advisory committee. 26. Power to delegate. 27. Power to exempt. 27A. Protection of action taken in good faith . 28. Power to make rules. 28A. Savings of recognised associations. 29. Repeals and savings. 29A. Repeal and savings. 29B. Transfer and vesting of undertaking of Commission. 2 ----- # THE FORWARD CONTRACTS (REGULATION) ACT, 1952 # ACT NO. 74 OF 1952 [26th December, 1952.] # An Act to provide for the regulation of certain matters relating to forward contracts, the prohibition of options in goods and for matters connected therewith. BE it enacted by Parliament as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may he called The Forward Contracts** (Regulation) Act, 1952[1]. (2) It extends to the whole of India; [2]*** (3) Chapter I shall come into force at once, and the remaining provisions shall come into force on such date[3] or dates as the Central Government may, by notification in the Official Gazette, appoint, and different dates may he appointed for different provisions of this Act, for different States or areas, and for different goods or classes of good. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “association” means any body of individuals, whether incorporated or not, constituted for the purpose of regulating and controlling the business of the sale or purchase of any goods; (b) “Commission” means the Forward Markets Commission established under section 3; (c) “forward contract” means a contract for the delivery of goods [4]*** and which is not a ready delivery contract; (d) “goods” means every kind of movable property other than actionable claims, money and securities; (e) “Government security” means a Government security as defined in the Public Debt Act, 1944 (18 of 1944); (f) “non-transferable specific delivery contract” means a specific delivery contract, the rights or liabilities under which or under any delivery order, railway receipt, bill of lading, warehouse receipt or any other document of title relating thereto are not transferable; (g) “option in goods” means an agreement, by whatever name called, for the purchase or sale of a right to buy or sell, or a right to buy and sell, goods in future, and includes a _teji, a_ _mandi, a_ _teji-mandi, a galli, a put, a call or a put and call in goods;_ (h) “prescribed” means prescribed by rules made under this Act; (i) “ready delivery contract” means a contract which provides for the delivery of goods and the payment of a price therefor, either immediately or within such period not exceeding eleven days after 1. This Act has been extended to:— (i) Pondicherry (with modification), _vide notification No. S.O. 3865, dated 29-12-1962,_ _see_ Gazette of India, Part II, sec. 3(ii). (ii) Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule: and (iii) Goa, Daman and Diu (with modification), vide notification No. G.S.R. 962, dated 24-6-1967, see Gazette of India, Part II, sec. 3(i). 2. The words “except the State of Jammu and Kashmir” omitted by Act 62 of 1960, s. 2 (w.e.f. 28-12-1960). 3. Chapters II and VI were brought into force in the whole of India except the State of Jammu and Kashmir on the 24th August, 1953, vide notification No. S. R.O. 1618, dated the 24th August, 1953; see Gazette of India, Part II, sec. 3. Provisions of this Act except Chapter I came into force in the State of Jammu and Kashmir on the 22nd September, 1962, _vide notification No. S.O. 2895, dated the 15th September, 1962, see Gazette of India, Part II, sec. 3(ii)._ 4. The words “at a future date” omitted by Act 53 of 1971, s. 2 (w.e.f. 11-10-1971). 3 ----- the date of the contract and subject to such conditions as the Central Government may, by notification in the Official Gazette, specify in respect of any goods, the period under such contract not being capable of extension by the mutual consent of the parties thereto or otherwise; 1[Provided that where any such contract is performed either wholly, or in part,— (1) by tendering of the documents of title to the goods covered by the contract by any party thereto (not being a commission agent or a bank) who has acquired ownership of the said documents by purchase, exchange or otherwise, to any other person (including a commission agent but not including a bank); or (2) by the realisation of any sum of money, being the difference between the contract rate and the settlement rate or clearing rate or the rate of any offsetting contract; or (3) by any other means whatsoever, and as a result of which the actual tendering of the goods covered by the contract or the payment of the full price therefor is dispensed with, then, such contract shall not be deemed to be a ready delivery contract. _Explanation.—For the purpose of this clause,—_ (i) “bank” includes any banking company as defined in the Banking Regulation Act, 1949 (10 of 1949), a co-operative bank as defined in the Reserve Bank of India Act, 1934 (2 of 1934), the Slate Bank of India and any of its subsidiaries and any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970); (ii) “commission agent” means a person who, in the ordinary course of business, makes contract for the sale or purchase of goods for others for a remuneration (whether known as commission or otherwise) which is determined in the contract itself or determinate from the terms of the contract, in either case, only with reference to the quantity of goods or to the price therefor as stipulated in the contract.] 2[(j) “recognised association” means an association to which recognition for the time being has been granted by the Central Government under section 6 in respect of goods or classes of goods specified in such recognition; (jj) “registered association” means an association to which for the time being a certificate of registration has been granted by the Commission under section 14B;] (k) “rules”, with reference to the rules relating in general to the constitution and management of an association, includes in the case of an incorporated association its memorandum and articles of association; (l) “securities” includes shares, scrips, stocks, bonds, debentures, debenture-stocks or other marketable securities of a like nature in or of any incorporated company or other body corporate and also Government securities; (m) “specific delivery contract” means a forward contract which provides for the actual delivery of specific qualities or types of goods during a specified future period at a price fixed thereby or to be fixed in the manner thereby agreed and in which the names of both the buyer and the seller are mentioned; (n) “transferable specific delivery contract” means a specific delivery contract which is not a non-transferable specific delivery contract, [3][and which is subject to such conditions relating to its transferability as the Central Government may, by notification in the Official Gazette, specify in this behalf.] 1. Added by Act 53 of 1971, s. 2 (w.e.f. 11-10-1971). 2. Subs. by Act 62 of 1960, s. 3, for Clause (j) (w.e.f. 28-12-1960). 3. Added by s. 3, ibid. (w.e.f. 28-12-1960). 4 ----- CHAPTER II THE FORWARD MARKETS COMMISSION **3. Establishment and constitution of the Forward Markets Commission.—(1) The Central** Government may, by notification in the Official Gazette establish a Commission to be called the Forward Markets Commission for the purpose of exercising such functions and discharging such duties as may be assigned to the Commission by or under this Act. (2) The Commission shall consist of not less than two, [1][but not exceeding four], members appointed by the Central Government [2][one of them being nominated by the Central Government to be the Chairman thereof; and the Chairman and the other member or members shall be either whole-time or part-time as the Central Government may direct]: 3[Provided that the members to be so appointed shall be persons of ability, integrity and standing who have shown capacity in dealing with problems relating to commerce or commodity markets, or in administration or who have special knowledge or practical experience in any matter which renders them suitable for appointment on the Commission.] (3) No person shall be qualified for appointment as, or for continuing to be, a member of the Commission if he has, directly or indirectly, any such financial or other interest as is likely to affect prejudicially his functions as a member of the Commission, and every member shall, whenever required by the Central Government so to do, furnish to it such information as it may require for the purpose of securing compliance with the provisions of this sub-section. (4) No member of the Commission shall hold office for a period of more than three years from the date of his appointment, and a member relinquishing his office on the expiry of his term shall be eligible for reappointment. (5) The other terms and conditions of service of members of the Commission shall be such as may be prescribed. **4. Functions of the Commission.—The functions of the Commission shall be—** (a) to advise the Central Government in respect of the recognition of, or the withdrawal of recognition from, any association or in respect of any other matter arising out of the administration of this Act; 4[(b) to keep forward markets under observation and to take such action in relation to them as it may consider necessary, in exercise of the powers assigned to it by or under this Act;] (c) to collect and whenever the Commission thinks it necessary publish information regarding the trading conditions in respect of goods to which any of the provisions of this Act is made applicable, including information regarding supply, demand and prices, and to submit to the Central Government periodical reports on the operation of this Act and on the working of forward markets relating to such goods; (d) to make recommendations generally with a view to improving the organisation and working of forward markets; (e) to undertake the inspection of the accounts and other documents of [5][any recognised association or registered association or any member of such association] whenever it considers it necessary; and (f) to perform such other duties and exercise such other powers as may be assigned to the Commission by or under this Act, or as may be prescribed. 1. Subs. by Act 62 of 1960, s. 4, for “but not exceeding three” (w.e.f. 28-12-1960). 2. Subs. by Act 46 of 1953, s. 2, for certain words (w.e.f. 23-12-1953). 3. The proviso subs. by Act 62 of 1960, s. 4 (w.e.f. 28-12-1960). 4. Subs. by s. 5, ibid., for clause (b) (w.e.f. 28-12-1960). 5. Subs. by s. 5, ibid., for “any recognised association” (w.e.f. 28-12-1960). 5 ----- **1[4A. Powers of the Commission.—(1) The Commission shall in the performance of its functions,** have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any office; (e) any matter which may be prescribed. (2) The Commission shall have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, any matter under the consideration of the Commission and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 of the Indian Penal Code (45 of 1860). (3) The Commission shall be deemed to be a Civil Court and when any offence described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1898 (5 of 1898), forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 482 of the said Code. (4) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860). _Explanation.—For the purposes of enforcing attendance of witnesses, the local limits of the_ Commission’s jurisdiction shall be the limits of the territory of India.] CHAPTER III RECOGNISED ASSOCIATIONS **5. Application for recognition of associations.—(1) Any association concerned with the regulation** and control of forward contracts which is desirous of being recognised for the purposes of this Act may make an application in the prescribed manner to the Central Government. (2) Every application made under sub-section (1) shall contain such particulars as may be prescribed and shall be accompanied by a copy of the bye-laws for the regulation and control of forward contracts and also a copy of the rules relating in general to the constitution of the association, and in particular, to— (a) the governing body of such association, its constitution and powers of management and the manner in which its business is to be transacted; (b) the powers and duties of the office-bearers of the association; (c) the admission into the association of various classes of members, the qualifications of members, and the exclusion, suspension, expulsion and readmission of members therefrom or there into; (d) the procedure for registration of partnerships as members of the association and the nomination and appointment of authorised representatives and clerks. **6. Grant of recognition to association.—(1) If the Central Government, after making such inquiry as** may be necessary in this behalf and after obtaining such further information, if any, as it may require, is satisfied that it would be in the interest of the trade and also in the public interest to grant recognition to the association which has made an application under section 5, it may grant recognition to the association 1. Ins. by Act 62 of 1960, s. 6 (w.e.f. 28-12-1960). 6 ----- in such form and subject to such conditions as may be prescribed or specified, and shall specify in such recognition the goods or classes of goods with respect to which forward contracts may be entered into between members of such association or through or with any such member. (2) Before granting recognition under sub-section (1), the Central Government may, by order direct,— (a) that there shall be no limitation on the number of members of the association or that there shall be such limitation on the number of members as may be specified; (b) that the association shall provide for the appointment by the Central Government of a person, whether a member of the association or not, as its representative on, and of not more than three persons representing interests not directly represented through membership of the association as member or members of, the governing body of such association, and may require the association to incorporate in its rules any such direction and the conditions, if any, accompanying it. (3) No rules of a recognised association shall be amended except with the approval of the Central Government. (4) Every grant of recognition under this section shall be published in the Gazette of India and also in the Official Gazette of the State in which the principal office of the recognised association is situate, and such recognition shall have effect as from the date of its publication in the Gazette of India. **7. Withdrawal of recognition.—If the Central Government is of opinion that any recognition** granted to an association under the provisions of this Act should, in the interest of the trade or in the public interest, be withdrawn, the Central Government may, after giving a reasonable opportunity to the association to be heard in the matter withdraw, by notification in the Official Gazette, the recognition granted to the said association: Provided that no such withdrawal shall affect the validity of any contract entered into or made before the date of the notification, and the Central Government may make such provision as it deems fit in the notification of withdrawal or in any subsequent notification similarly published for the due performance of any contracts outstanding on that date. **8. Power of Central Government to call for periodical returns or direct inquiries to be** **made.—[1][(1) Every recognised association and every member thereof shall furnish to the Central** Government such periodical returns relating to its affairs, or the affairs of its members, as the case may be, as may be prescribed.] (2) Without prejudice to the provisions contained in sub-section (1), where the Central Government considers it expedient so to do, it may, by order in writing,— (a) call upon a recognised association [2][or a member thereof] to furnish in writing such information or explanation relating to its affairs or the affairs of any of its members [2][or his affairs, as the case may be] as the Central Government may require, or (b) appoint one or more persons to make an inquiry in relation to the affairs of such association or the affairs of any of its members and submit a report of the result of such inquiry to the Central Government within such time as may be specified in the order or, in the alternative, direct the inquiry to be made, and the report to be submitted, by the governing body of such association acting jointly with one or more representatives of the Central Government; and (c) direct the Commission to inspect the accounts and other documents of any recognised association or of any of its members and submit its report thereon to the Central Government. (3) Where an inquiry in relation to the affairs of a recognised association or the affairs of any of its members has been undertaken under sub-section (2)— (a) every director, manager, secretary or other officer of such association, 1. Subs. by Act 62 of 1960, s. 7, for sub-section (1) (w.e.f. 28-12-1960). 2. Ins. by s. 7, ibid. (w.e.f. 28-12-1960). 7 ----- (b) every member of such association, (c) if the member of the association is a firm, every partner, manager, secretary or other officer of the firm, and (d) every other person or body of persons who had dealings in the course of business with any of the persons mentioned in clauses (a), (b) and (c), shall be bound to produce before the authority making the inquiry, all such books, accounts, correspondence and other documents in his custody or power relating to, or having a bearing on the subject-matter of, such inquiry and also to furnish the authority with any such statement or information relating thereto as may be required of him, within such time as may be specified. 1[(4) Every recognised association and every member thereof shall maintain such books of account and other documents as the Commission may specify and the books of account and other documents so specified shall be preserved for such period not exceeding three years as the Commission may specify and shall be subject to inspection at all reasonable times by the Commission.] **9. Furnishing of annual reports to the Central Government by recognised associations.—[2][(1)** Every recognised association shall furnish to the Commission three copies of its annual report.] (2) Such annual report shall contain such particulars as may be prescribed. **3[9A. Power of recognised association to make rules respecting grouping of members,** **restricting voting rights, etc., in special cases.—(1) A recognised association may make rules or amend** any rules made by it to provide for all or any of the following matters namely,— 4[(a) the admission of a firm or a Hindu undivided family as a member,] 5[(b)] the grouping of the members of the association according to functional or local interests, the reservation of seats on its governing body for members belonging to each group and appointment of members to such reserved seats— (i) by election exclusively by the members of the association from among persons chosen by the members belonging to the group concerned; (ii) by election by all the members of the association; (iii) by election by all the members belonging to the group concerned for the purpose; [5[(c)] the restriction of voting rights in respect of any matter placed before the association at any](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=73436&iActID=1880#f2) meeting to those members only who, by reason of their functional or local interests, are actually interested in such matter, [5[(d)] the regulation of voting rights in respect of any matter placed before the association at any](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=73436&iActID=1880#f2) meeting so that each member may be entitled to have one vote only, irrespective of his share of the paid-up equity capital of the association; [5[(e)] the restriction on the right of a member to appoint another person as his proxy to attend and](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=73436&iActID=1880#f2) vote at a meeting of the association; 6[(f)] the retirement at every annual general meeting of all directors or such number or proportion of their total number as may be specified in the rules;] 5[(g)] such incidental, consequential and supplementary matters as may be necessary to give effect to any of the matters specified in [7][clauses (a) to (f).] (2) No rules of a recognised association made or amended in relation to any matter referred to in 8[clauses (a) to (g)] of sub-section (1) shall have effect until they have been approved by the Central Government and published by that Government in the Official Gazette and, in approving the rules so 1. Ins. by Act 62 of 1960, s. 7 (w.e.f. 28-12-1960). 2. Subs. by s. 8, ibid., for sub-section (1) (w.e.f. 28-12-1960). 3. Ins. by Act 32 of 1957, s. 2, for section 9A (w.e.f. 17-9-1957) 4. Ins. by s. 2, ibid. (w.e.f. 17-9-1957). 5. Clauses (a), (b), (c), (d) and (e) re-lettered as clauses (b), (c), (d), (e) and (g) Act by 62 of 1960, s. 9 (w.e.f. 28-12-1960). 6. Ins. by s. 9, ibid. (we.f. 28-12-1960). 7. Subs. by s. 9, ibid., for “clauses (a), (b), (c) and (d)” (w.e.f. 28-12-1960). 8. Subs. by s. 9, ibid., for “clauses (a) to (e)” (w.e.f. 28-12-1960). 8 ----- made or amended, the Central Government may make such modifications therein as it thinks fit, and on such publication, the rules as approved by the Central Government shall be deemed to have been validly made, notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956). (3) Where, before the commencement of the Forward Contracts (Regulation) Amendment Act, 1957 (3 of 1957), any rules have been made or amended in relation to any matter referred to in [1][clauses (b) to (e) and (g)] of sub-section (1), the rules so made or amended shall not be deemed to be invalid or ever to have been invalid merely by reason of the fact that the rules so made or amended are repugnant to any of the provisions of the Companies Act, 1956 (1 of 1956).] **10. Power of Central Government to direct rules to be made or to make rules.—(1) Whenever** the Central Government considers it expedient so to do, it may, by order in writing, direct any recognised association to make any rules or to amend any rules made by the recognised association within such period as it may specify in this behalf. (2) If any recognised association, against whom an order is issued by the Central Government under sub-section (1), fails or neglects to comply with such order within the specified period, the Central Government may make the rules or amend the rules made by the recognised association, as the case may be, either in the form specified in the order or with such modification thereof as the Central Government may think fit. 2[(3) Where, in pursuance of sub-section (2), any rules have been made or amended, the rules so made or amended shall be published in the Gazette of India, and shall, thereupon, have effect notwithstanding anything to the contrary contained in the Companies Act, 1956, or any other law for the time being in force, as if they had been made or amended by the recognised association concerned.] **11. Power of recognised association to make bye-laws.—(1) Any recognised association may,** subject to the previous approval of the Central Government, make bye-laws for the regulation and control of forward contracts. (2) In particular, and without prejudice to the generality of the foregoing power, such bye-laws may provide for— (a) the opening and closing of markets and the regulation of the hours of trade; (b) a clearing house for the periodical settlement of contracts and differences thereunder, the delivery of, and payment for, goods, the passing on of delivery orders and for the regulation and maintenance of such clearing house; (c) the number and classes of contracts in respect of which settlements shall be made or differences paid through the clearing house; (d) fixing, altering or postponing days for settlement; (e) determining and declaring market rates, including opening, closing, highest and lowest rates for goods; (f) the terms, conditions and incidents of contracts including the prescription of margin requirements, if any, and conditions relating thereto, and the forms of contracts in writing; (g) regulating the entering into, making, performance, rescission and termination of contracts, including contracts between members or between a commission agent and his constituent, or between a broker and his constituent, or between a member of the recognised association and a person who is not a member, and the consequences of default or insolvency on the part of a seller or buyer or intermediary, the consequences of a breach or omission by a seller or buyer and the responsibility of commission agents and brokers who are not parties to such contracts; (h) the admission and prohibition of specified classes or types of goods or of dealings in goods by a member of the recognised association; 1. Subs. by Act 62 of 1960, s. 9, for “clauses (a) to (e)” (w.e.f. 281-12-1960). 2. Subs. by s. 10, ibid., for sub-section (3) (w.e.f. 28-12-1960). 9 ----- (i) the method and procedure for the settlement of claims or disputes including the settlement thereof by arbitration; (j) the levy and recovery of fees, fines and penalties; (k) the regulation of the course of business between parties to contracts in any capacity; (l) the fixing of a scale of brokerage and other charges; (m) the making, comparing, settling and closing of bargains; (n) the regulation of fluctuations in rates and prices; (o) the emergencies in trade which may arise and the exercise of powers in such emergencies including the power to fix maximum and minimum prices; (p) the regulation of dealings by members for their own account; (q) the limitations on the volume of trade done by any individual member; (r) the obligation of members to supply such information or explanation and to produce such books relating to their business as the governing body may require. (3) The bye-laws made under this section may— (a) specify the bye-laws the contravention of any of which shall make a contract entered into otherwise than in accordance with the bye-laws void under sub-section (2) of section 15; 1[(aa) specify the bye-laws the contravention of any of which shall make a forward contract entered into otherwise than in accordance with bye-laws illegal under sub-section (3A) of section 15;] (b) provide that the contravention of any of the bye-laws shall— (i) render the member concerned liable to fine; or (ii) render the member concerned liable to expulsion or suspension from the recognised association or to any other penalty of a like nature not involving the payment of money. (4) Any bye-laws made under this section shall be subject to such conditions in regard to previous publication as may be prescribed, and when approved by the Central Government, shall be published in the Gazette of India [2]***: Provided that the Central Government may, in the interest of the trade or in the public interest, by order in writing, dispense with the condition of previous publication, in any case. **12. Power of Central Government to make or amend bye-laws of recognised associations.—(1)** The Central Government may, either on a request in writing received by it in this behalf from the governing body of a recognised association, or if in its opinion it is expedient so to do, make bye-laws for all or any of the matters specified in section 11 or amend any bye-laws made by such association under that section. (2) Where, in pursuance of this section, any bye-laws have been made or amended, the bye-laws so made or amended shall be published in the Gazette of India [3][and shall thereupon have effect]. (3) Notwithstanding anything contained in this section, where the governing body of a recognised association objects to any bye-laws made or amended under this section by the Central Government on its own motion, it may, within six months of the publication thereof under sub-section (2), apply to the Central Government for a revision thereof, and the Central Government may, after giving a reasonable opportunity to the governing body of the association to be heard in the matter, revise the bye-laws so made or amended, and where any bye-laws so made or amended are revised as a result of any action taken 1. Ins. by Act 62 of 1960, s. 11 (w.e.f. 28-12-1960). 2. The words “and also in the Official Gazette of the State in which the principal office of the recognised association is situate” omitted by s. 12, ibid. (w.e.f. 28-12-1960). 3. Subs. by s. 12, ibid., for “subject to the condition of previous publication” (w.e.f. 28-12-1960). 10 ----- under this sub-section the bye-laws so revised shall be published and shall become effective as provided in sub-section (2). (4) The making or the amendment or revision of any bye-laws under this section shall in all cases be 1[subject to such conditions in regard to previous publication as may be prescribed.] Provided that the Central Government may, in the interest of the trade or in the public interest, by order in writing, dispense with the condition of previous publication in any case. **2[12A. Application of amendment of bye-laws to existing forward contracts.—Any amendment of** a bye-law under section 11 other than an amendment made in pursuance of clause (a) or clause (aa) of sub-section (3) of that section or under section 12 also apply to all forward contracts entered into before the date of its approval by the Central Government or before the date of its publication in the Gazette of India, as the case may be, and remaining to be performed on or after the said date. **12B. Power of Commission to suspend member of recognised association or to prohibit him** **from trading.—(1) If, in the interest of trade or in the public interest, the Commission considers it** necessary to suspend a member from his membership of any recognised association or to prohibit such members from entering into any forward contract for the sale or purchase in his own name or through another member of a recognised association of any goods or class of goods, then, notwithstanding anything contained in any law for the time being in force or in the rules or bye-laws of a recognised association, the Commission may, after giving an opportunity of being heard, by order suspend his membership of any association or prohibit him from entering into any such contract. (2) An order under sub-section (1) shall specify the period for which the suspension or prohibition is to have effect and such period may be extended from time to time but so as not to exceed three years in the aggregate. (3) No order made under sub-section (1) in respect of any member of a recognised association shall affect the validity of anyforward contract entered into or made by, with or through such member on or before the date of such order and remaining to be performed on or after the said date; but the Commission may make such provision as it deems fit in such order or in any subsequent order for the closing out of any such forward contract.] **13. Power of Central Government to supersede governing body of recognised association.—(1)** Without prejudice to any other powers vested in the Central Government under this Act, where the Central Government is of opinion that the governing body of any recognised association should be superseded, then, notwithstanding anything contained in this Act or in any other law for the time being in force, the Central Government may, after giving a reasonable opportunity to the governing body of the recognised association concerned to show cause why it should not be superseded, by notification in the Official Gazette, declare the governing body of such association to be superseded for such period not exceeding six months as may be specified in the notification, and may appoint any person or persons to exercise and perform all the powers and duties of the governing body, and where more persons than one are appointed may appoint one of such persons to be the chairman and another of such persons to be the vice-chairman. (2) On the publication of a notification in the Official Gazette under sub-section (1), the following consequences shall ensue, namely:— (a) the members of the governing body which has been superseded shall, as from the date of the notification of supersession cease to hold office as such members; (b) the person or persons appointed under sub-section (1) may exercise and perform all the powers and duties of the governing body which has been superseded; (c) all such property of the recognised association as the person or persons appointed under sub-section (1) may, by order in writing, specify in this behalf as being necessary for the purpose of enabling him or them to carry out the purposes of this Act, shall vest in such person or persons. 1. Subs. by Act 62 of 1960, s. 12, for “subject to the condition of previous publication” (w.e.f. 28-12-1960). 2. Ins. by s. 13, ibid. (w.e.f. 28-12-1960). 11 ----- (3) Notwithstanding anything to the contrary contained in any law or the rules or bye-laws of the association whose governing body is superseded under sub-section (1), the person or persons appointed under that sub-section shall hold office for such period as may be specified in the notification published under that sub-section, and the Central Government may, from time to time, by like notification vary such period. (4) On the determination of the period of office of any person or persons appointed under this section the recognised association shall forthwith reconstitute a governing body in accordance with its rules: Provided that until a governing body is so reconstituted, the person or persons appointed under sub-section (1) shall, notwithstanding anything contained in sub-section (1), continue to exercise and perform their powers and duties. (5) On the reconstitution of a governing body under sub-section (4), all the property of the recognised association which had vested in, or was in the possession of, the person or persons appointed under sub-section (1) shall vest or revest, as the case may be, in the governing body so reconstituted. **14. Power to suspend business of recognised associations.—If in the interest of the trade or in the** public interest the Central Government considers it expedient so to do, it may, by notification in the Official Gazette, direct a recognise association to suspend such of its business for such period not exceeding seven days and subject to such conditions as may be specified in the notification, and may if, in the opinion of the Central Government, the interest of the trade or the public interest to requires by like notification extend the said period from time to time: Provided that where the period of suspension is likely to exceed one month, no notification extending the suspension beyond such period shall be issued, unless the governing body of the recognised association has been given an opportunity of being heard in the matter. 1[CHAPTER IIIA REGISTERED ASSOCIATIONS **14A. Certificate of registration to be obtained by all associations.—(1) No association concerned** with regulation and control of business relating to forward contracts shall, after the commencement of the Forward Contracts (Regulation) Amendment Act, 1960 (62 of 1960) (hereinafter referred to as such commencement) carry on such business except under, and in accordance with, the conditions of a certificate of registration granted under this Act by the Commission. (2) Every association referred to in sub-section (1) which is in existence at such commencement, before the expiry of six months from such commencement, and every association referred to in sub-section (1) which is not in existence at such commencement, before commencing such business, shall make an application for a certificate of registration to the Commission in such form and containing such particulars as may be prescribed: Provided that the Commission may in its discretion extend from time to time the period of six months aforesaid up to one year in the aggregate. (3) Nothing in this section shall be deemed— (a) to prohibit an association in existence at such commencement from carrying on its business until the disposal of the application made by it under sub-section (2); or (b) to require a recognised association in existence at such commencement to make an application under sub-section (2); and every such association shall, as soon as may he after such commencement, be granted free of cost by the Commission a certificate of registration. **14B. Grant or refusal of certificate of registration.—On receipt of an application under section** 14A, the Commission, after making such inquiry as it considers necessary in this behalf, may by order in writing grant a certificate of registration or refuse to grant it: 1. Ins. by Act 62 of 1960, s. 14 (w.e.f. 281-12-1960). 12 ----- Provided that before refusing to grant such certificate, the association shall be given an opportunity of being heard in the matter. **14C. Application of section 8 and 12B to registered association.—The provisions of sections 8 and** 12B shall apply in relation to a registered association as they apply in relation to a recognised association with the substitution of— (i) references to the registered association, for references to the recognised association; and (ii) the words “two years” for the words “three years” in sub-section (2) of section 12B.] CHAPTER IV FORWARD CONTRACTS AND OPTIONS IN GOODS **15. Forward contracts in notified goods illegal or void in certain circumstances.—(1) The** Central Government may, by notification in the Official Gazette, declare this section to apply to such goods or class of goods and in such areas as may be specified in the notification, and thereupon, subject to the provisions contained in section 18, every forward contract for the sale or purchase of any goods specified in the notification which is entered into in the area specified therein otherwise than between members of a recognised association or through or with any such member shall be illegal. (2) Any forward contract in goods entered into in pursuance of sub-section (1) which is in contravention of any of the bye-laws specified in this behalf under clause (a) of sub-section (3) of section 11 shall be void— (i) as respects the rights of any member of the recognised association who has entered into such contract in contravention of any, such bye-law, and also (ii) as respects the rights of any other person who has knowingly participated in the transaction entailing such contravention. (3) Nothing in sub-section (2) shall affect the right of any person other than a member of the recognised association to enforce any such contract or to recover any sum under or in respect of such contract: Provided that such person had no knowledge that such transaction was in contravention of any of the bye-laws specified under clause (a) of sub-section (3) of section 11. 1[(3A) Any forward contract in goods entered into in pursuance of sub-section (1) which at the date of the contract is in contravention of any of the bye-laws specified in this behalf under clause (aa) of sub-section (3) of section 11 shall be illegal.] (4) No member of a recognised association shall, in respect of any goods specified in the notification under sub-section (1), enter into any contract on his own account with any person other than a member of the recognised association, unless he has secured the consent or authority of such person and discloses in the note, memorandum or agreement of sale or purchase that he has bought or sold the goods, as the case may be, on his own account: Provided that where the member has secured the consent or authority of such person otherwise than in writing he shall secure a written confirmation by such person of such consent or authority within three days from the date of such contract : Provided further that in respect of any outstanding contract entered into by a member with a person other than a member of the recognised association, no consent or authority of such person shall be necessary for closing out in accordance with the bye-laws the outstanding contract, if the member discloses in the note, memorandum or agreement of sale or purchase in respect of such closing out that he has bought or sold the goods, as the case may be, on his own account. **16. Consequences of notification under section 15.—Where a notification has been issued under** section 15, then notwithstanding anything contained in any other law for the time being in force or in any 1. Ins. by Act 62 of 1960, s. 15 (w.e.f. 28-12-1960). 13 ----- custom, usage or practice of the trade or the terms of any contract or the bye-laws of any association concerned relating to any contract,— (a) every forward contract for the sale or purchase of any goods specified in the notification, 1[entered into on or before the date of the notification] and remaining to be performed after the said date and which is not in conformity with the provisions of section 15, shall be deemed to be closed out at such rate as the Central Government may fix in this behalf, and different rates may be fixed for different classes of such contracts; (b) all differences arising out of any contract so deemed to be closed out shall be payable on the basis of the rate fixed under clause (a) and the seller shall not be bound to give and the buyer shall not be bound to take delivery of the goods. **17. Power to prohibit forward contracts in certain cases.—(1) The Central Government may, by** notification in the Official Gazette, declare that no person shall, save with the permission of the Central Government, enter into any forward contract for the sale or purchase of any goods or class of goods specified in the notification and to which the provisions of section 15 have not been made applicable, except to the extent and in the manner, if any, as may be specified in the notification. (2) All forward contracts in contravention of the provisions of sub-section (1) entered into after the date of publication of the notification thereunder shall be illegal. (3) Where a notification has been issued under sub-section (1), the provisions of Section 16 shall, in the absence of anything to the contrary in the notification, apply to all forward contracts for the sale or [purchase of any goods specified in the notification [1][entered into on or before the date of the notification]](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=73451&iActID=1880#f1) and remaining to be performed after the said date as they apply to all forward contracts for the sale: or purchase of any goods specified in the notification under section 15. **18. Special provisions respecting certain kinds of forward contracts.—(1) Nothing contained in** Chapter III or Chapter IV shall apply to non-transferable specific delivery contracts for the sale or purchase of any goods: Provided that no person shall organise or assist in organising or be a member of any association in any area to which the provisions of section 15 have been made applicable (other than a recognised association) which provides facilities for the performance of any non-transferable specific delivery contract by any party thereto without having to make or to receive actual delivery to or from the other party to the contract or to or from any other party named in the contract. (2) Where in respect of any area the provisions of section 15 have been made applicable in relation to forward contracts for the sale or purchase of any goods or class of goods, the Central Government may, by a like notification, declare that in the said area or any part thereof as may be specified in the notification all or any of the provisions of Chapter III or Chapter IV shall not apply to transferable specific delivery contracts for the sale or purchase of the said goods or class of goods either generally, or to any class of such contracts in particular. (3) Notwithstanding anything contained in sub-section (1), if the Central Government is of opinion that in the interest of the trade or in the public interest it is expedient to regulate and control nontransferable specific delivery contracts in any area, it may, by notification in the Official Gazette, declare that all or any of the provisions of Chapters III and IV shall apply to such class or classes of nontransferable specific delivery contracts in such area and in respect of such goods or class of goods as may be specified in the notification, and may also specify the manner in which and the extent to which all or any of the said provisions shall so apply. **19. Prohibition of options in goods.—(1) Notwithstanding anything contained in this Act or in any** other law for the time being in force, all options in goods entered into after the date on which this section comes into force shall be illegal. 1. Subs. by Act 62 of 1960, s. 16, for “entered into before the date of the notification” (w.e.f. 28-12-1960). 14 ----- (2) Any option in goods which has been entered into before the date on which this section comes into force and which remains to be performed, whether wholly or in part, after the said date, shall, to that extent, become void. CHAPTER V PENALTIES AND PROCEDURE **1[20. Penalties.—Any person who—** (a) (i) in any return, statement or other document required by or under this Act, makes a statement which is false in any material particular, knowing it to be false, or willfully omits to make a material statement; or (ii) without reasonable excuse (the burden of proving which shall be on him) fails to furnish any return, statement or other document or any information or to answer any question or to comply with any requisition made under this Act or any rules made thereunder; or (iii) enters into any forward contract during the period of suspension of business of a recognised association in pursuance of a notification under section 14; or (b) is a member of any association, other than a recognised association, to which a certificate of registration has not been granted under this Act; or (c) publishes or circulates information relating to the rate at which any forward contract has been entered into in contravention of any of the bye-laws of a recognised association; or (d) organises, or assists in organising, or is a member of, any association in contravention of the provisions contained in the proviso to sub-section (1) of section 18; or (e) enters into any forward contract or any option in goods in contravention of any of the provisions contained in sub-section (1) or sub-section (3A) or sub-section (4) of section 15, section 17 or section 19, shall, on conviction, be punishable— (i) for a first offence, with imprisonment which may extend to one year, or with a fine of not less than one thousand rupees, or with both; (ii) for a second or subsequent offence under clause (d), or under clause (e) [other than an offence in respect of a contravention of the provisions of sub-section (4) of section 15], with imprisonment which may extend to one year and also with fine: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, the imprisonment shall not be less than one month and the fine shall not be less than one thousand rupees.] **21. Penalty for owning or keeping place used for entering into forward contracts in** **goods.—Any person who—** (a) owns or keeps a place other man that of a recognised association, which is used for the purpose of entering into or making or performing, whether wholly or in part, any forward contracts in contravention of any of the provisions of this Act and knowingly permits such place to be used for such purposes, or (b) without the permission of Central Government, organises, or assists in organising, or becomes a member of, any association, other than a recognised association, for the purpose of assisting in entering into or making or performing, whether wholly or in part, any forward contracts in contravention of any of the provisions of this Act, or (c) manages, controls or assists in keeping any place other man that of a recognised association, which is used for the purpose of entering into or making or performing, whether wholly or in part, any forward contracts in contravention of any of the provisions of this Act or at which such forward 1. Subs. by Act 62 of 1960, s. 17, for section 20 (w.e.f. 28-12-1960). 15 ----- contracts are recorded or adjusted, or rights or liabilities arising out of such forward contracts are adjusted, regulated or enforced in any manner whatsoever, or (d) not being a member of a recognised association, willfully represents to, or induces, any person to believe that he is a member of a recognised association or that forward contracts can be entered into or made or performed, whether wholly or in part, under this Act through him, or (e) not being a member of a recognised association or his agent authorised as such under the rules or by-laws of such association, canvasses, advertises or touts in any manner, either for himself or on behalf of any other person, for any business connected with forward contracts in contravention of any of the provisions of this Act, or (f) joins, gathers, or assists in gathering at any place, other than the place of business specified in the bye-laws of a recognised association, any person or persons for making bids or offers or for entering into or making or performing, whether wholly or in part, any forward contracts in contravention of any of the provisions of this Act, or (g) makes, publishes or circulates any statement or information which is false and which he either knows or believes to be false, affecting or tending to affect the course of business in forward contracts in respect of goods to which the provisions of section 15 have been made applicable, [1][or] 1[(h) manipulates or attempts to manipulate prices in respect of forward contracts for the sale or purchase of any goods specified in any notification under section 15, in any area specified in that notification,] 2[shall, on conviction, be punishable— (i) for a first offence, with imprisonment which may extend to two years, or with fine of not less than one thousand rupees, or with both; (ii) for a second or subsequent offence, with imprisonment which may extend to two years and also with fine: provided that in the absence of special and adequate reasons to the contrary to be entioned in the judgment of the court, the imprisonment shall not be less than one month and the fine shall not be less than one thousand rupees.] **3[21A. Power of court to order forfeiture of property.—Any court trying an offence punishable** under section 20 or section 21 may, if it thinks fit and in addition to any sentence which it may impose for such offence, direct that any money, goods or other property in respect of which the offence has been committed, shall be forfeited to the Central Government. _Explanation.—For the purposes of this section, property in respect of which an offence has been_ committed, shall include deposits in a bank where the said property is converted into such deposits.] **22. Offences by companies.—(1) Where an offence has been committed by a company, every person** who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any gross negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 1. Ins. by Act 62 of 1960, s. 18 (w.e.f. 28-12-1960). 2. Subs. by s. 18, ibid., for certain words (w.e.f. 28-12-1960). 3. Ins. by s. 19, ibid. (w.e.f. 28-12-1960). 16 ----- _Explanation.—For the purposes of this section—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. **1[22A. Power to search and seize books of account or other documents.—(1) Any presidency** magistrate or a magistrate of the first class may, by warrant, authorise any police officer not below the rank of sub-inspector to enter upon and search any place where books of account or other documents relating to forward contracts or options in goods entered into contravention of the provisions of this Act, may be or may be reasonably suspected to be, and such police officer may seize any such book or document, if in his opinion, it relates to any such forward contract or option in goods. (2) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall, so far as may be, apply to any search or seizure made under sub-section (1) as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code. **22B. Presumptions to be drawn in certain cases.—(1) Where any books of account or other** documents are seized from any place and there are entries therein making reference to quantity, quotations, rates, months of delivery, receipt or payment of differences or sale or purchase of goods or option in goods, such books of account or other documents shall be admitted in evidence without witnesses having to appear to prove the same; and such entries shall be _prima facie evidence of the_ matters, transactions and accounts purported to be therein recorded. (2) In any trial for an offence punishable under section 21, it shall be presumed, until the contrary is proved, that the place in which the books of account or other documents referred to in sub-section (1) were seized, was used, and that the persons found therein were present, for the purpose of committing the said offence.] **23. Certain offences to be cognizable.—Notwithstanding anything contained in the Code of** Criminal Procedure, 1898 (5 of 1898), [2][the following offences shall be deemed to be cognizable within the meaning of that Code, namely:— (a) an offence falling under sub-clause (ii) of clause (a) of section 20 in so far as it relates to the failure to comply with any requisition made under sub-section (3) of section 8; (b) an offence falling under clause (d) of section 20; (c) an offence falling under clause (e) of section 20 other than a contravention of the provisions of sub-section (3A) or sub-section (4) of section 15; (d) an offence falling under section 21.] **24. Jurisdiction to try offences under this Act.—No court inferior to that of a presidency magistrate** or a magistrate of the first class shall take cognizance of or try any offence punishable under this Act. CHAPTER VI MISCELLANEOUS **25. Advisory committee.—For the purpose of advising the Central Government in relation to any** matter concerning the operation of this Act, the Central Government may establish an advisory committee consisting of such number of persons as may be prescribed. **26. Power to delegate.—The Central Government may, by notification in the Official Gazette, direct** that any power exercisable by it under this Act may, in such circumstances and subject to such conditions, if any, as may be specified, be exercised by such officer or authority, including any State Government or officers or authorities thereof as may be specified in the direction. 1. Ins. by Act 62 of 1960, s. 20 (w.e.f. 28-12-1960). 2. Subs. by s. 21, ibid., for certain words (w.e.f. 28-12-1960). 17 ----- **27. Power to exempt.—The Central Government may, by notification in the Official Gazette,** exempt, subject to such conditions and in such circumstances and in such areas as may be specified in the notification, any contract or class of contracts from the operation of all or any of the provisions of this Act. **1[27A. Protection of action taken in good faith.—(1) No suit or other legal proceeding shall lie in** any court against the Central Government or any member, officer or servant of the Commission for anything which is in good faith done or intended to be done under this Act, or any rule or bye-law made thereunder. (2) No suit or other legal proceeding shall lie in any court against the government body or any member, office-bearer or servant of any recognised association or against any person appointed under sub-section (1) of section 13 for anything which is in good faith done or intended to be done with the approval, or at the instance, of the Commission and in pursuance of this Act, or of any rule or bye-law made thereunder.] **28. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for the purpose of carrying into effect, the objects of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the terms and conditions of service of members of the Commission; (b) the manner in which applications for recognition may be made under section 5 and the levy of fees in respect thereof; (c) the manner in which any inquiry for the purpose of recognising any association may be made and the form in which recognition shall be granted; 2[(cc) the manner in which applications for certificates of registration may be made under section 14A and the levy of fees in respect of such applications;] (d) the particulars to be contained in the annual reports of recognised associations; (e) the manner in which the bye-laws to be made, amended or revised under this Act shall, before being so made, amended or revised be published for criticism; (f) the constitution of the advisory committee established under section 25, the terms of office of and the manner of filling vacancies among members of the committee; the interval within which meetings of the advisory committee may be held and the procedure to be followed at such meetings; and the matters which may be referred by the Central Government to the advisory committee for advice; (g) any other matter which is to be or may be prescribed. 3[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **4[28A. Savings of recognised associations.—(1) All recognised associations under the Forward** Contracts Regulation Act, shall be deemed to be recognised stock exchanges under the Securities Contracts (Regulation) Act, 1956 (42 of 1956) (herein referred to as the Securities Contracts Act): 1. Ins. by act 62 of 1960, s. 22 (w.e.f. 28-12-1960). 2. Ins. by s. 23, ibid. (w.e.f. 28-12-1960). 3. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 4. Ins. by Act 20 of 2015, s. 131 (w.e.f. 28-9-2015). 18 ----- Provided that such deemed recognised stock exchanges shall not carry out any activity other than the activities of assisting, regulating or controlling the business of buying, selling or dealing in commodity derivatives till the said deemed recognised stock exchanges are specifically permitted by the Securities and Exchange Board of India: Provided further that a person buying or selling or otherwise dealing in commodity derivatives as a commodity derivatives broker, or such other intermediary who may be associated with the commodity derivatives market, immediately before the transfer and vesting of rights and assets to the Securities and Exchange Board of India for which no registration certificate was necessary prior to such transfer, may continue to do so for a period of three months from such transfer or, if he has made an application for such registration within the said period of three months, till the disposal of such application. (2) The Securities and Exchange Board of India (herein referred to as the Security Board) may provide such deemed exchanges, adequate time to comply with the Securities Contracts Act and any regulations, rules, guidelines or like instruments made under the said Act. (3) The bye-laws, circulars, or any like instrument made by a recognised association under the Forward Contracts Act shall continue to be applicable for a period of one year from the date on which that Act is repealed, or till such time as notified by the Security Board, as if the Forward Contracts Act had not been repealed, whichever is earlier. (4) All rules, directions, guidelines, instructions, circulars, or any like instruments, made by the Commission or the Central Government applicable to recognised associations under the Forward Contracts Act shall continue to remain in force for a period of one year from the date on which that Act is repealed, or till such time as notified by the Security Board, whichever is earlier, as if the Forward Contracts Act had not been repealed. (5) In addition to the powers under the Securities Contracts Regulation Act, the Security Board and the Central Government shall exercise all powers of the Commission and the Central Government with respect to recognised associations, respectively, on such deemed exchanges, for a period of one year as if the Forward Contracts Act had not been repealed.] **1[29. Repeals and savings.—If immediately before the date on which this Act or any provision** contained therein is made applicable to any goods or classes of goods in any State, there is in force in that State any law corresponding to this Act or, as the case may be, to any provision contained therein which is applicable to those goods or classes of goods, that law shall stand repealed on the said date: Provided that the repeal shall not affect— (a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced: and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed: Provided further that, subject to the preceding proviso, anything done or any action taken (including any appointment made, notification or order issued, rule, regulation, form or bye-law framed, or recognition granted) under any such law shall be deemed to have been done or taken under the corresponding provision of this Act, and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act.] **2[29A. Repeal and savings.—(1) The Forward Contracts (Regulation) Act, 1952 (74 of 1952) is** hereby repealed. (2) On and from the date of repeal of Forward Contracts Act— 1. Ins. by Act 46 of 1953, s. 3 (w.e.f. 23-12-1953). 2. Sections 29A or 29B shall stand by ins. (date to be notified) by Act 20 of 2015, s. 132 19 ----- (a) the rules and regulations framed by the Central Government and the Commission under the Forward Contracts Act, shall stand repealed; (b) all authorities and entities established by the Central Government under the Forward Contracts Act, including the Commission and the Advisory Council established under section 25 of that Act, shall stand dissolved; (c) anything done or any action taken or purported to have been done or taken including any inspection, order, penalty, proceeding or notice made, initiated or issued or any confirmation or declaration made or any licence, permission, authorisation or exemption granted, modified or revoked, or any document or instrument executed, or any direction given under the Act repealed in sub-section (1), shall be continued or enforced by the Security Board, as if that Act had not been repealed; (d) all offences committed, and existing proceedings with respect to offences which may have been committed under the Forward Contracts Act, shall continue to be governed by the provisions of that Act, as if that Act had not been repealed; (e) a fresh proceeding related to an offence under the Forward Contracts Act, may be initiated by the Security Board under that Act within a period of three years from the date on which that Act is repealed and be proceeded with as if that Act had not been repealed; (f) no court shall take cognizance of any offence under the Forward Contracts Act from the date on which that Act is repealed, except as provided in clauses (d) and (e); (g) clauses (d), (e) and (f) shall not be held to or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal to matters not covered under these sub-sections.] **29B. Transfer and vesting of undertaking of Commission.—(1) On the date on which the Forward** Contracts Act is repealed, the undertaking shall be transferred, and vest with the Securities and Exchange Board of India. (2) If there is any existing proceeding or cause of action against the Commission in relation to the undertaking on the date on which the Forward Contracts Act is repealed, such proceeding or cause of action may be continued and enforced by or against the Security Board. (3) The concessions, privileges, benefits and exemptions including any benefits and exemptions with regard to the payment of any tax, duty and cess granted to the Commission with respect to its undertaking shall be transferred to the Security Board on the date on which the Forward Contracts Act is repealed. (4) Every employee holding any office (excluding members of the Commission) under the Commission immediately before the date on which the Forward Contracts Act is repealed, will hold office in the Central Government or the Security Board, as the Central Government may notify in the Official Gazette, for the same tenure and on the same terms and conditions of service as such employee would have held such office if the Commission had not been dissolved: Provided that where the Central Government notifies that an employee of the Commission shall continue as an employee of the Central Government under the foregoing provision, the Central Government may, at the request of the Security Board, depute such employee to the Security Board, for a period not exceeding two years from the date on which the Forward Contracts Act is repealed. (5) Within six months from the date on which the Forward Contracts Act is repealed, an employee of the Commission opting not to be an employee of the Central Government or the Security Board, as the case may be, shall communicate such decision to the Central Government or Security Board, as applicable. (6) Nothing contained in any other law in force shall entitle any employee to any compensation for the loss of office due to the repeal of the Forward Contracts Act and the consequent dissolution of the Commission, and no such claim shall be entertained by any court, tribunal or other authority. 20 ----- (7) The members of the Commission appointed by the Central Government under section 3 of the Forward Contracts Act, shall cease to hold office from the date the Forward Contracts Act is repealed. (8) The members of the Commission shall not be entitled to any compensation for the loss of office due to the repeal of the Forward Contracts Act and the consequent dissolution of the Commission or for the premature termination of any contract of management entered into by such member with the Commission, and no such claim shall be entertained by any court, tribunal or other authority. (9) The transfer and vesting of the undertaking shall not be liable to the payment of any stamp duty under the Indian Stamp Act, 1899 (2 of 1899) or any applicable stamp duties under state laws.] 21 -----

6-May-1953

16

The Scheduled Areas (Assimilation of Laws) Act, 1953

https://www.indiacode.nic.in/bitstream/123456789/2173/3/A1953-16.pdf

central

# THE SCHEDULED AREAS (ASSIMILATION OF LAWS) ACT, 1953 ____________ ARRANGEMENT OF SECTIONS ___________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Assimilation of laws. 4. Transitional provisions. 5. Savings. 6. Provision for removal of difficulties. THE SCHEDULE. 1 ----- # THE SCHEDULED AREAS (ASSIMILATION OF LAWS) ACT, 1953 ACT NO. 16 OF 1953 [6th May, 1953.] An Act to assimilate certain laws in force in the scheduled areas to the laws in force in the districts of Nowgong and Sibsagar in the State of Assam. BE it enacted by Parliament as follows:— **1. Short title and commencement.—(1) This Act may be called the Scheduled Areas (Assimilation** of Laws) Act, 1953. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act,—** (a) “appointed day” means the date appointed under sub-section (2) of section 1 for the coming into force of this Act; (b) “law” means so much of any Act, Ordinance, Regulation, rule, order or bye-law as relates to any of the matters enumerated in Lists I and III in the Seventh Schedule to the Constitution. (c) “scheduled areas” mean the areas specified in the Schedule. **3. Assimilation of laws.—(1) All laws which immediately before the appointed day extend to, or are** in force in, the scheduled areas shall on that day cease to be in force in the scheduled areas except as respects things done or omitted to be done before that day, and for the removal of doubts, it is hereby declared that section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply in relation to such cesser as it applies in relation to the repeal of an enactment by a Central Act. (2) All laws which immediately before the appointed day extend to, or are in force in, the district of Nowgong in the State of Assam shall as from that day extend to, or, as the case may be, come into force in, the areas specified in paragraph 1 of the Schedule. (3) All laws which immediately before the appointed day extend to, or are in force in, the district of Sibsagar in the State of Assam shall as from that day extend to, or, as the case may be, come into force in, the areas specified in paragraph 2 of the Schedule. **4. Transitional provisions.—Notwithstanding anything contained in section 3, the Central** Government or the Government of the State of Assam may, by order, direct that during such period, not exceeding twelve months from the appointed day, as may be specified in the order, any law which immediately before the appointed day was in force in the scheduled areas, shall be deemed to have continued to be in force therein or any specified part thereof, and may further likewise direct that any law which would have extended to, or come into force in, the scheduled areas on the appointed day, shall not be deemed to have extended thereto or come into force therein or any specified part thereof. **5. Savings.—Notwithstanding anything contained in section 3, all suits, cases and other legal** proceedings between parties all of whom belong to the Scheduled Tribes specified in item 2 of Part I—Assam, of the Schedule annexed to the Constitution (Scheduled Tribes) Order, 1950 or such other tribe or tribes, as may be specified in this behalf, shall be tried and continue to be tried under the Rules for 1. 1st September, 1953, vide notification No. S. R.O. 1624, dated 26th August, 1953, see Gazette of India, Part II, s. 3. 2 ----- the Administration of Justice and Police in the Sibsagar and Nowgong Mikir Hills Tracts as if this Act has not been passed. **6. Provision for removal of difficulties.—If any difficulty arises in relation to the transition under** section 3 from one law or group of laws to another law or group of laws, the Central Government may, by order notified in the Official Gazette, make such provision as it considers necessary for the removal of the difficulty. ______ THE SCHEDULE [See section 2(c)] 1. (a) Portion of Gobha Mauza that was originally in the Mikir Hills Tracts, including Sonaikuchi Reserved Forest. (b) Kholahat Reserved Forest. (c) Portion of Lumding Reserved Forest falling in Lanka Mauza in original Mikir Hills Tracts. (d) Portion of Lumding Mauza west of the line described below:— From the point where the eastern boundary of Namati Mauza meets the Kaki Jan, the line runs up the Kaki Jan to its source; thence in a south easterly direction in a straight line across the hill ridges to the confluence of Panpri stream with the Lanka Jan; thence up the Lanka Jan to its source; thence in a southerly direction along the eastern boundary of the Lumding Reserved Forest to the junction of Lankanasang Nadi with the Bara Langpher river, thence in a straight line due south till that line meets the southern boundary of the Lumding Mauza. (e) Dabaka Reserved Forest. (f) Suang Reserved Forest. (g) Diju Valley South Reserved Forest. (h) Bagser Reserved Forest. 2. (a) Panbari Reserved Forest. (b) Upper Daigurung Reserved Forest. (c) Lower Daigurung Reserved Forest. (d) Village lands of Ghatiani Pathar, Dokhara Pathar and Murphuloni of Mauza Marangi in original Mikir Hills Tracts. (e) Portion of Barpathar Mauza east of Dhansiririver and north-east of Garampani Kaliani Road. (f) Portion of Ghiladhari Mauza in original Mikir Hills Tracts. (g) Portion of Sarupathar Mauza east of Dhansiri river. ______ 3 -----

16-May-1953

20

The Salaries and Allowances of Officers of Parliament Act, 1953

https://www.indiacode.nic.in/bitstream/123456789/2174/4/A195320.pdf

central

# THE SALARIES AND ALLOWANCES OF OFFICERS OF PARLIAMENT ACT, 1953 __________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title and commencement. 2. Definition. 3. Salaries, etc., of officers of Parliament. 4. Residence for officers of Parliament. 5. Sumptuary allowance. 6. Travelling and daily allowances to officers of Parliament. 7. Medical facilities to officers of Parliament. 7A. Family pension, etc., to spouse of Speaker dying in office. 8. Advances to officers of Parliament for purchase of motor-cars. 9. Officers of Parliament not to draw salary or allowances as Members of Parliament. 10. Notification respecting appointment, etc., of officers of Parliament to be conclusive evidence thereof. 10A. Exemption from liability to pay income-tax on daily allowance received by the Chairman and certain perquisites received by an officer of Parliament. 11. Power to make rules. 1 ----- # THE SALARIES AND ALLOWANCES OF OFFICERS OF PARLIAMENT ACT, 1953 ACT NO. 20 OF 1953 [16th May, 1953.] # An Act to provide for the salaries and allowances of certain officers of Parliament. BE it enacted by Parliament as follows:— **1. Short title and commencement.—(1) This Act may be called the Salaries and Allowances of** Officers of Parliament Act, 1953. (2) It shall be deemed to have come into force on the first day of May, 1953. **2. Definition.—In this Act “officer of Parliament” means any of the following officers, namely, the** Chairman and Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People. 1[3. Salaries, etc., of officers of Parliament.—2[(1) There shall be paid to the Chairman of the Council of States a salary of [3][ four lakh rupees] per mensem.] (2) Each officer of Parliament, other than the Chairman of the Council of States, shall be entitled to receive a salary per mensem and an allowance for each day during the whole of his term as such officer at the same rates as are specified in section 3 of the Salaries, Allowances and Pension of Members of Parliament Act, 1954 (30 of 1954) with respect to members of Parliament. (3) Each officer of Parliament, other than the Chairman of the Council of States, shall be entitled to receive a constituency allowance at the same rate as is specified under section 8 of the said Act with respect to members of Parliament.] **4. Residence for officers of Parliament.—[4][(1)] Each officer of Parliament shall be entitled without** payment of rent to the use of a furnished residence throughout his term of office and for a period of [5][one month] immediately thereafter, and no charge shall fall on the officer personally in respect of the maintenance of such residence. 6[(2) In the event of the death of an officer of Parliament, his family shall be entitled to the use of the furnished residence occupied by the officer of Parliament— (a) for a period of one month immediately after his death, without payment of rent and no charge shall fall on the family of the officer of Parliament in respect of the maintenance of such residence, and (b) for a further period of one month, on payment of rent at such rates as may be prescribed by rules made in this behalf under section 11 and also charges in respect of electricity and water consumed in that residence during such further period.] _Explanation.—For the purposes of this section, “residence” includes the staff quarters and other_ buildings appurtenant thereto and the garden thereof, and “maintenance” in relation to a residence includes the payment of local rates and taxes and the provision of electricity and water. 1. Subs. by Act 75 of 1985, s. 2, for section 3 (w.e.f. 26-12-1985). 2. Subs. by Act 26 of 1998, s. 2 for sub-section (1) (w.e.f. 1-1-1996). 3. Subs. by Act 13 of 2018, s. 140, for “one lakh twenty-five thousand rupees” (w.e.f. 1-1-2016). 4. Section 4 re-numbered as sub-section (1) thereof by Act 49 of 1970, s. 2 (w.e.f. 1-11-1969). 5. Subs. by s. 2, ibid., for “fifteen days” (w.e.f. 1-11-1969). 6. Ins. by s. 2, ibid. (w.e.f. 1-11-1969). 2 ----- 1[5. Sumptuary allowance.—There shall be paid to 2*** the Speaker of the House of the People a sumptuary allowance of one thousand rupees per mensem and to the Deputy Chairman and the Deputy Speaker a sumptuary allowance of five hundred rupees per mensem:] 3[Provided that on and from the 17th day of September, 2001, the sumptuary allowance shall be paid to— (a) the Speaker of the House of the People at the same rate at which the sumptuary allowance is payable, under section 5 of the Salaries and Allowances of Ministers Act, 1952 (58 of 1952), to every other Minister who is a member of the Cabinet; (b) the Deputy Chairman and the Deputy Speaker at the same rate at which the sumptuary allowance is payable, under section 5 of the Salaries and Allowances of Ministers Act, 1952 (58 of 1952), to a Minister of State.] **6.Travelling and daily allowances to officers of Parliament.—(1) Subject to any rules made in this** behalf under section 11, an officer of Parliament shall be entitled to— (a) travelling allowances for himself and the members of his family and for the transport of his and his family’s effects— (i) in respect of the journey to Delhi from his usual place of residence outside Delhi for assuming office, and (ii) in respect of the journey from Delhi to his usual place of residence outside Delhi on relinquishing office; and (b) travelling and daily allowances in respect of tours undertaken by him in the discharge of his official duties, whether by sea, land or air. 4[(1A) On and from the commencement of the Salaries and Allowances of Officers of Parliament and Leaders of Opposition in Parliament (Second Amendment) Act, 2002 (56 of 2002), an officer of Parliament and his family, whether travelling together or separately, shall be entitled to travelling allowance at the same rates and for the same number of return journeys as admissible to a Minister and his family under sub-section (1A) of section 6 of the Salaries and Allowances of Ministers Act, 1952 (58 of 1952).] (2) Any travelling allowance under this section may be paid in cash or free official transport may be provided in lieu thereof. **7. Medical facilities to officers of Parliament.—Subject to any rules made in this behalf under** section 11, an officer of Parliament and the members of his family shall be entitled free of charge to accommodation in hospitals maintained by the Government and also to medical treatment. 5[7A. Family pension, etc., to spouse of Speaker dying in office.—(1) With effect from the commencement of the Salaries and Allowances of Officers of Parliament (Second Amendment) Act, 2002 (31 of 2002), there shall be paid a family pension, to the spouse of the Speaker of the House of the People who dies while holding such office at the rate of fifty per cent. of the salary last drawn by him for the remainder of life of such spouse from the date of death of the Speaker: Provided that the spouse of such Speaker shall not be entitled to receive pension available to the spouse of any member of Parliament who dies during his term of office as such member for a period of 1. Subs. by Act 75 of 1985, s. 3, for section 5 (w.e.f. 26-12-1985). 2. The words “the Chairman of the Council of States and” omitted by Act 26 of 1998, s. 3 (w.e.f. 1-1-1996). 3. Ins. by Act 29 of 2002, s. 2 (w.e.f. 17-9-2001). 4. Subs. by Act 56 of 2002, s. 2, for sub-section (1A) (w.e.f. 17-9-2001). 5. Ins. by Act 31 of 2002, s. 2 (w.e.f. 3-3-2002). 3 ----- five years from the date of death of the member under sub-section (1A) of section 8A of the Salary, Allowances and Pension of Members of Parliament Act, 1954 (30 of 1954). (2) Without prejudice to the provisions of clause (a) of sub-section (2) of section 4 and subject to any rules made in this behalf under section 11, such spouse shall be entitled to the use of unfurnished residence without payment of licence fee for the remainder of her life. (3) Subject to any rules made in this behalf under section 11,— (a) such spouse, for the remainder of her life; and (b) the minor children of such Speaker, shall be entitled to medical attendance and treatment, free of charge.] **8. Advances to officers of Parliament for purchase of motor-cars.—There may be paid to any** officer of Parliament by way of a repayable advance such sum of money as may be determined by rules made in this behalf under section 11 for the purchase of a motor-car in order that he may be able to discharge conveniently and efficiently the duties of his office. **9. Officers of Parliament not to draw salary or allowances as Members of Parliament.—No** officer of Parliament in receipt of a salary or allowance under this Act shall be entitled to receive any sum out of funds provided by Parliament by way of salary or allowance in respect of his membership of either House of Parliament. **10. Notification respecting appointment, etc., of officers of Parliament to be conclusive evidence** **thereof.—The date on which any person became or ceased to be an officer of Parliament shall be** published in the Official Gazette and any such notification shall be conclusive evidence of the fact that he became, or ceased to be, an officer of Parliament on that date for all the purposes of this Act. 1[10A. Exemption from liability to pay income-tax on daily allowance received by the Chairman **and certain perquisites received by an officer of Parliament.—Notwithstanding anything contained in** the Income-tax Act, 1961 (43 of 1961),— (a) in computing the total income of a previous year of the Chairman of the Council of States, any income by way of an allowance referred to in sub-section (1) of section 3 shall not be included; (b) the value of rent free furnished residence (including maintenance thereof) provided to an officer of Parliament under sub-section (1) of section 4 shall not be included in the computation of his income chargeable under the head “Salaries” under section 15 of the Income-tax Act, 1961 (43 of 1961).] **11. Power to make rules.—(1) The Central Government may, in consultation with the Chairman and** the Speaker, make rules for carrying out the purposes of this Act. 2[(2) Every rule made by the Central Government under this Act shall be published in the Official Gazette. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 1. Subs. by Act 17 of 1990, s. 3, for section 10A (w.e.f. 1-4-1988). 2. Subs. by Act 4 of 2005, s. 2 and the Schedule, for sub-section (2) (w.e.f. 11-1-2005). 4 -----

28-May-1953

29

The Tea Act, 1953

https://www.indiacode.nic.in/bitstream/123456789/2175/5/A1953-29.pdf

central

# THE TEA ACT, 1953 # ______ ARRANGEMENT OF SECTIONS ______ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Declaration as to expediency of control by the Union. 3. Definitions. CHAPTER II THE TEA BOARD 4. Establishment and constitution of the Tea Board. 5. Vacancies, etc., not to invalidate acts and proceedings. 6. Salary and allowances of Chairman. 7. Vice-Chairman. 8. Executive and other Committees. 9. Secretary and staff. 10. Functions of the Board. 11. Dissolution of the Board. CHAPTER III CONTROL OVER THE EXTENSION OF TEA CULTIVATION 12. Method of control of extension of tea cultivation. 13. Limitations to the extension of tea cultivation. 14. Grant of permission to plant tea. 15. Grant of permission to plant tea in special circumstances. 16. Tea nurseries. CHAPTER IIIA MANAGEMENT OR CONTROL OF TEA UNDERTAKINGS OR TEA UNITS BY THE CENTRAL GOVERNMENT IN CERTAIN CIRCUMSTANCES 16A. Definitions. 16B. Power to cause investigation to be made in relation to a tea undertaking or tea unit. 16C. Power of Central Government on completion of investigation. 1 ----- SECTIONS 16D. Power of Central Government to assume management or control of tea undertaking or tea unit in certain cases. 16E. Power to take over tea undertaking or tea unit without investigation under certain circumstances. 16F. Contracts in bad faith, etc., may be cancelled or varied. 16G. Application of Act 1 of 1956. 16H. Power of Central Government to cancel notified order under section 16D or 16E. 16-I. Power of Central Government to authorise, with the permission of the Court, persons to take over management or control of tea undertakings or tea units. 16J. Power of Central Government to make certain declarations in relation to tea undertakings or tea units. 16K. Power of Central Government to call for report on the affairs and working of a managed tea undertaking or tea unit. 16L. Preparation of an inventory of the assets and liabilities and list of members and creditors of managed tea undertaking or tea unit. 16LL. Debts incurred and investments made by the authorised person to have priority. 16M. Bar of suits and other proceedings in relation to the tea undertakings or tea units. 16N. Rules made under Act 65 of 1951 to apply. CHAPTER IV CONTROL OVER THE EXPORT OF TEA AND TEA SEED 17. Control of export of tea and tea seed. 18. Tea or tea seed for export to be covered by licence or permit. 19. Export allotment. 20. Export quota and licences. 21. Right to export licences. 22. Special Export Licences. 23. Board to maintain accounts of quotas. 24. Limitation of application of chapter. CHAPTER V FINANCE, ACCOUNTS AND AUDIT 25. Imposition of cess on tea produced In India. 26. Payment of proceeds of cess to the Board. 26A. Grant and loans by the Central Government to the Board. 27. Constitution of Fund. 2 ----- SECTIONS 28. Borrowing powers of Board. 28A. Writing off of losses. 29. Accounts and audit. CHAPTER VI CONTROL BY THE CENTRAL GOVERNMENT 30. Power to control price and distribution of tea or tea waste. 31. General control over acts and proceedings of the Board. 32. Appeal to Central Government. CHAPTER VII MISCELLANEOUS 33. Licensing brokers, tea manufacturers, etc. 34. Power of inspection. 35. Power of Board to call for returns. 36. Penalty for illicit export. 37. Penalty for making false return. 38. [Omitted.]. 39. [Omitted.]. 40. [Omitted.]. 41. Penalty for contravention of order relating to control of price and distribution. 42. Other penalties. 42A. Adjudication of penalties. 43. Offences by companies. 44. Jurisdiction of courts. 45. Previous sanction of Central Government for prosecution. 46. Protection of action taken in good faith. 47. Power to delegate. 48. Suspension of operation of Act. 49. Power of Central Government to make rules. 50. Power of Board to make by-laws. 51. Repeals and savings. 3 ----- # THE TEA ACT, 1953 ACT NO. 29 OF 1953[1] [28th May, 1953.] # An Act to provide for the control by the Union of the Tea industry, including the control, in pursuance of the International Agreement now in force, of the cultivation of tea in, and of the export of tea from, India and for that purpose to establish a Tea Board and [2][levy a duty of excise on tea produced in India.] BE it enacted by parliament as follows:― CHAPTER I PRELIMINARY **1. Short title, extent and commencement.―(1) This Act may be called the Tea Act, 1953.** (2) It extends to the whole of India: Provided that it shall not apply to the State of Jammu and Kashmir* except to the extent to which the provisions of this Act relate to the control of the export of tea from, and the cultivation of tea in, India. (3) It shall come into force on such date[3] as the Central Government may, by notification in the Official Gazette, appoint. **2. Declaration as to expediency of control by the Union.―It is hereby declared that it is expedient** in the public interest that Union should take under its control the tea industry. **3. Definitions.―In this Act, unless the context otherwise requires,―** (a) “Board” means the Tea Board constituted under section 4; (b) “broker” means a broker of tea; (c) “cess” means [4][the duty of excise] imposed by section 25; 5[(d) “Commissioner of Customs” means a Commissioner of Customs as specified in clause (b) of section 3 of the Customs Act, 1962 (52 of 1962);] (e) “dealer” means a dealer in tea; (f) “export” means to take out of India by land, sea or air to any place outside India other than a country or territory notified in this behalf by the Central Government by notification in the Official Gazette; (g) “export allotment” means the total quantity of tea which may be exported during any one financial year; (h) “Fund” means the Tea Fund referred to in section 27; (i) “manufacturer” means a manufacturer of tea; (j) “member” means a member of the Board; (k) “owner”― 1. This Act has been extended with modifications to Goa, Daman and Diu by Reg. 11 of 1963. s. 3 and Sch (w.e.f. 1-8-1965). 2. Subs. by Act 21 of 1967, s. 2, for “levy a customs duty on tea exported from India” (w.e.f.13-8-1967). 3. 1st April, 1956; see notification No. S.R.O. 943, dated the 17th March 1954, Gazette of India, Extraordinary, 1954, Part II, s. 3. 4. Subs. by Act 21 of 1967, s. 3, for “the customs-duty”. 5. Subs. by Act 22 of 1995, s. 86, for clause (d) (w.e.f. 26-5-1995). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 4 ----- (i) with reference to a tea estate or garden or a sub-division there of the possession of which has been transferred by lease, mortgage or otherwise, means the transferee so long as his right to possession subsists; and (ii) with reference to a tea estate or a garden or a sub-division for which an agent, is employed means the agent if, and in so far as, he has been duly authorized by the owner in that behalf; (l) “prescribed” means prescribed by rules made under this Act; (m) “standard export figure” means such quantity as the Central Government may, by notification in the Official Gazette, specify pursuant to any international agreement in this behalf. (n) “tea” means the plant Camellia Sinensis (L) O. Kuntze as well as all varieties of the product known commercially as tea made from the leaves of the plant _Camelia Sinensis (L) O. Kuntze_ including green tea; (o) “tea seed” includes seeds, roots, stumps, cuttings, buds, and any living portion of the plant _Camellia Sinensis (L) O. Kuntze which may be used to propagate that plant._ CHAPTER II THE TEA BOARD **4. Establishment and constitution of the Tea Board.―(1) With effect from such date as the Central** Government may, by notification in the Official Gazette, specify in this behalf, there shall be established for the purposes of this Act a Board to be called the Tea Board. (2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. (3) The Board shall consist of a Chairman and such number of other members not exceeding forty as the Central Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among persons who are in its opinion capable of representing,― (a) owners of tea estates and gardens and growers of tea; (b) persons employed in tea estates and gardens; (c) manufacturers of tea; (d) dealers including both exporters and internal traders of tea; (e) consumers; (f) Parliament; (g) the Governments of the principal tea-growing States; (h) such other persons or class of persons, who, in the opinion of the Central Government, ought to be represented on the Board. 1[(3A) It is hereby declared that the office of member of the Board shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.] 1. Ins. by Act 52 of 1954, s. 2 (w.e.f. 25-12-1954). 5 ----- (4) The number of persons to be appointed as members from each of the categories specified in sub section (3), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Board shall be such as may be prescribed. (5) Any officer of the Central Government when deputed by that Government in this behalf shall have the right to attend meetings of the Board and take part in the proceedings thereof but shall not be entitled to vote. **5. Vacancies, etc., not to invalidate acts and proceedings.―No act done or proceeding taken by the** Board under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of the Board. **6. Salary and allowances of Chairman.―The Chairman shall be entitled to such salary and** allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may from time to time be fixed by the Central Government. **7. Vice-Chairman.―The Board shall elect from among its members a Vice-Chairman who shall** exercise such of the powers and discharge such of the duties of the Chairman as may be prescribed or as may be delegated to him by the Chairman. **8. Executive and other Committees.―(1) There shall be an Executive Committee of the Board** constituted in the manner prescribed. (2) The Executive Committee shall exercise such of the powers and perform such of the duties of the Board as may be prescribed, or as the Board may delegate to it. (3) Subject to such control and restrictions as may be prescribed, the Board may constitute other Standing Committee or _ad hoc Committees for exercising any power or discharging any duty of the_ Board or for enquiring into or reporting and advising on any matter which the Board may refer to them. (4) A Standing Committee shall consist exclusively of members of the Board. (5) An ad hoc committee may include persons who are not members of the Board, but their number shall not exceed one half of its strength. **9. Secretary and staff.―(1) The Central Government shall appoint―** 1[(a) a Deputy Chairman to the Board who shall assist the Chairman in the performance of his duties and exercise such of the powers and perform such of the duties as may be prescribed or as may be delegated to him by the Board or by a Committee constituted by the Board under section 8 or by the Chairman; 2[(aa)] a Secretary to the Board who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Board or the chairman. (b) all other officers of the Board drawing [ 3][a salary exceeding rupees one thousand seven hundred per month.] (2) Subject to such control and restrictions as may be prescribed, the Board may appoint such other officers and employees as may be necessary for the efficient performance of its functions and pay them such salaries and allowances as it may determine from time to time. 1. Ins. by Act 32 of 1977, s. 2 (w.e.f.12-8-1977). 2. Clause (a) re-lettered as clause (aa) by s. 2, ibid. (w.e.f.12-8-1977). 3. Subs. by s. 2, ibid., for certain words (w.e.f. 12-8-1977). 6 ----- (3) The Chairman,[ 1][Deputy Chairman, Secretary and other employees] of the Board shall not undertake any work unconnected with their duties under this Act except with the permission of the Central Government. **10. Functions of the Board.―(1) It shall be the duty of the Board to promote, by such measures as it** thinks fit, the development under the control of the Central Government of the tea industry. (2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to herein may provide for― (a) regulating the production and extent of cultivation of tea; (b) improving the quality of tea; (c) promoting co-operative efforts among growers and manufacturers of tea; (d) undertaking, assisting or encouraging scientific, technological and economic research and maintaining or assisting in the maintenance of demonstration farms and manufacturing stations; (e) assisting in the control of insects and other pests and diseases affecting tea; (f) regulating the sale and export of tea; (g) training in tea testing and fixing grade standards of tea; (h) increasing the consumption in India and elsewhere of tea and carrying on propaganda for that purpose; (i) registering and licensing of manufacturers, brokers, tea waste dealers and persons engaged in the business of blending tea; (j) improving the marketing of tea in India and elsewhere; 2[(jj) subscribing to the share capital of, or entering into any agreement or other arrangement (whether by way of partnership, joint venture or in any other manner) with, any body corporate for the purpose of promoting the development of tea industry or for promotion and marketing of tea, in India or elsewhere; (k) collecting statistics from growers, manufacturers, dealers and such other persons as may be prescribed on any matter relating to the tea industry; the publication of statistics so collected or portions thereof or extracts therefrom; (l) securing better working conditions and the provisions and improvement of amenities and incentives for workers; (m) such other matters as may be prescribed. (3) The Board shall perform its functions under this section in accordance with and subject to such rules as may be made by the Central Government. **11. Dissolution of the Board.―(1) The Central Government may, by notification in the Official** Gazette, direct that the Board shall be dissolved from such date and for such period as may be specified in the notification. (2) When the Board is dissolved under the provisions of sub-section (1)― 1. Subs. by Act 32 of 1977, s. 2, for “Secretary and other employees” (w.e.f. 12-8-1977). 2. Ins. by Act 68 of 1980, s. 2 (w.e.f. 27-12-1980). 7 ----- (a) all members shall, from the date of dissolution, vacate their offices as such members; (b) all powers and duties of the Board shall, during the period of dissolution, be exercised and performed by such person or persons as the Central Government may appoint in this behalf; (c) all funds and other property vested in the Board shall, during the period of dissolution, vest in the Central Government; and (d) as soon as the period of dissolution expires, the Board shall be reconstituted in accordance with the provisions of this Act. CHAPTER III CONTROL OVER THE EXTENSION OF TEA CULTIVATION **12. Method of control of extension of tea cultivation.―(1) No one shall plant tea on any land not** planted with tea on the date of commencement of this Act unless permission has been granted to him in writing by or on behalf of the Board. (2) No tea area shall be replaced by planting in tea on area not planted with tea unless permission has been granted in writing by or on behalf of the Board. (3) Nothing in this section shall prohibit the infilling or supplying of vacancies on land planted with tea on the date of commencement of this Act or the replanting of tea upon― (i) land planted with tea on the 31st day of March, 1950, from which original bushes have been uprooted, or (ii) land plant with tea on the 31st day of March, 1948, from which the original bushes have been uprooted. **13. Limitations to the extension of tea cultivation.―(1) Subject to the provisions contained in** sections 15 and 16, the total area of land in respect of which the permission referred to in section 12 may be granted, shall not exceed such area as may be determined by the Board under the general instructions of the Central Government. (2) The total area of land in any State in respect of which such permission may be granted shall be such as may be determined by the Board: Provided that the Board may vary the total area so determined for any State in order to increase or diminish for another State the area in respect of which such permission may be granted by an amount corresponding to the extent to which the area in the first mentioned State has been diminished or increased. (3) The Board shall publish the total area determined for India as well as the total areas determined for the various States by notification in the Official Gazette of the Central Government as soon as may be after the commencement of this Act and shall in like manner publish any subsequent variation of such total areas. **14. Grant of permission to plant tea.―(1) application for permission to plant tea on any land not** planted with tea on the date of commencement of this Act shall be made to the Board and shall contain a clear statement of all special circumstances justifying the application. (2) The Board may require an applicant to supply such information as it thinks necessary to enable the Board to deal with the application. 8 ----- (3) Subject to such conditions and restrictions as may be prescribed, the Board may by order grant or refuse the permission applied for, or may in like manner grant it in part only or may call for further information from the applicant. (4) No order by the Board under sub-section (3) shall be called in question by any court. **15. Grant of permission to plant tea in special circumstances.―(1) Where any land which was on** the 31st day of March 1933, planted with tea (including land planted with tea on the 31st day of March 1931, from which the original bushes had been uprooted and which had not been replanted with tea on the said 31st day of March 1933), or where any land planted with tea after the 31st day of March, 1933― (a) has since become wholly incapable of carrying tea through circumstances due to war, or through subsidence, flood, erosion, earthquake or other irresistible superhuman cause, or (b) has since been compulsorily acquired under the provisions of the land Acquisition Act, 1894 (1 of 1994), or of any other law for the time being in force and no longer carries tea, or (c) has since been transferred to the Central or a State Government or to a local authority and no longer carries tea, or (d) has since been resumed by the lessor under the terms of any lease and no longer carries tea, wherever of the tea estate in which such land is situated may apply to the Board for permission to plant tea on land not planted with tea. _Explanation.―Land taken for purposes connected with the prosecution of war on which tea bushes_ have been allowed to remain for protective purposes though no longer cultivated shall be deemed for the purposes of this section to be incapable of carrying or no longer to carry tea. (2) Upon such application being made and upon proof to the satisfaction of the Board that the application is entitled to the benefit of sub-section (1) the Board may by order grant permission to plant tea on land not planted with tea: Provided that the area of land in respect of which such permission is granted shall be within the same or an adjacent district and shall belong to the same or an adjacent tea estate and shall not exceed in extent the area of the land incapable of carrying tea or compulsorily acquired, transferred or resumed, as the case may be. (3) All areas of land in respect of which permission to plant tea is granted under this section shall be excluded when computing for the purpose of section 13 the total area of land in respect of which the permission referred to in section 12 may be granted. (4) If any land falling within the _Explanation to sub-section (1) is subsequently restored to the tea_ estate from which it was substracted, the owner of the estate shall either uproot the tea planted thereon, or uproot any tea planted by him in pursuance of a permission granted under sub-section (2). **16. Tea nurseries.―(1) The owner of a tea estate may establish nurseries on land not previously** planted with tea for the growing of plants intended for infilling or supplying vacancies or for replanting land planted with tea within the area of the estate or for any other purpose approved by the Board. (2) All area of land utilised for nurseries in accordance with this section shall be excluded when computing for the purpose of section 13 the total area of land in respect of which the permissions referred to in section 12 may be granted. 9 ----- 1[CHAPTER IIIA MANAGEMENT OR CONTROL OF TEA UNDERTAKINGS OR TEA UNITS BY THE CENTRAL GOVERNMENT IN CERTAIN CIRCUMSTANCES **16A. Definitions.―(1) In this Chapter, unless the context otherwise requires,―** (a) “authorised person” means the person or body of persons authorised, or appointed, by the Central Government under this Act to take over the management of any tea undertaking or tea units; (b) “company” means a company within the meaning of section 3 of the Companies Act, 1956 (1 of 1956); (c) “district average yield” means the average yield of tea in the district in which one or more tea units are located, as published by the Board; (d) “notified order” means an order notified in the Official Gazette; (e) “tea undertaking” means an undertaking engaged in the production or manufacture, or both, of tea through one or more tea units; (f) “tea unit” means a tea estate or garden including a sub-division thereof, which has a distinct entity for which accounts are kept and has a factory of its own for the production and manufacture of tea. (2) References to an industrial undertaking in such of the provisions of the Industries (Development and Regulation) Act, 1951 (65 of 1951), as apply to a tea undertaking or tea unit by virtue of the provisions of this Chapter, shall be construed as references to a tea undertaking or tea unit, as the case may be, and references in the Act aforesaid to any provision of that Act, as applicable to a tea undertaking or tea unit, in relation to which a corresponding provision has been made in this Act, shall be construed as references to such corresponding provision. **16B. Power to cause investigation to be made in relation to a tea undertaking or tea unit.―(1)** Where the Central Government is of opinion in respect of a tea undertaking or a tea unit that― (a) the tea undertaking or, as the case may be, the tea unit, has made losses in three out of five years immediately preceding the year in which such opinion is formed; or (b) the average yield of the tea undertaking, or, as the case may be, the tea units, during three years out of five years immediately preceding the year in which such opinion is formed, has been lower than the district average yield by twenty-five per cent, or more; or (c) the persons owning the tea undertaking, or, as the case may be, the tea unit, have habitually made default in the payment of wages, or provident fund dues of workers and other employees, or rent of the land, or duties of excise, or such other dues as they are under an obligation to pay under any law for the time being in force; or (d) the tea undertaking, or, as the case may be, the tea unit, is being managed in a manner highly detrimental to the tea industry or to public interest, the Central Government may make, or cause to be made, a full and complete investigation into the affairs of the tea undertaking or, as the case may be, the tea unit, by such person or body or persons as it may appoint for the purpose. (2) Where a company owning a tea undertaking is being wound up by or under the supervision of the Court and the business of such company is not being continued, the Central Government may, if it is of 1. Ins. by Act 75 of 1976, s. 2 (w.e.f. 11-6-1976). 10 ----- opinion that it is necessary, in the interests of the general public, and, in particular, in the interest of production, supply or distribution of tea, to investigate into the possibility of running or restarting the tea undertaking, make an application to the Court praying for permission to make, or cause to be made, an investigation into such possibility by such person or body or persons as that Government may appoint for the purpose; and, where such an application is made, the Court shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), or in any other law for the time being in force, grant the permission prayed for. (3) The person or body of persons appointed to make any investigation under sub-section (1) or, as the case may be, sub-section (2), shall have the same powers as are specified in section 18 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). **16C. Power of Central Government on completion of investigation.―(1) If, after making or** causing to be made any such investigation as is referred to in sub-section (1) of section 16B, the Central Government is satisfied that action under this section is desirable, it may issue such directions to the tea undertaking or tea unit concerned, as may be appropriate in the circumstances, for all or any of the following purposes, namely:― (a) regulating the production of tea by the tea undertaking or, as the case may be, tea unit and fixing the standards of production; (b) requiring the tea undertaking or, as the case may be, tea unit to take such steps as the Central Government considers necessary to stimulate the production, manufacture or plantation, of tea; (c) prohibiting the tea undertaking or, as the case may be, tea unit from resorting to any act or practice which might reduce its production, capacity or economic value; (d) controlling the prices, or regulating the distribution, of tea produced or manufactured by the tea undertaking or, as the case may be, tea unit. (2) Where a case relating to any tea undertaking or tea unit is under investigation, the Central Government may issue, at any time, any direction of the nature referred to in sub-section (1) to the tea undertaking or the tea unit concerned and any such direction shall have effect until it is varied or revoked by the Central Government. **16D. Power of Central Government to assume management or control of tea undertaking or tea** **unit in certain cases.―(1) If the Central Government is of opinion that—** (a) a tea undertaking or tea unit, to which directions have been issued in pursuance of section 16C has failed to comply with such directions, or the tea undertaking or, as the case may be, the tea unit, has made losses in three out of five years immediately preceding the year in which such opinion is formed; or (b) the average yield of the tea undertaking, or, as the case may be, the tea unit, during three years out of five years immediately preceding the year in which such opinion is formed, has been lower than the district average yield by twenty five per cent or more; or (c) the persons owning the tea undertaking, or, as the case may be, the tea unit, have habitually made default in the payment of wages, or provident fund dues of workers and other employees, or rent of the land, or duties of excise, or in the payment of such other dues as are obligatory under any law for the time being in force; or (d) the undertaking, or, as the case may be, the tea unit, is being managed in a manner highly detrimental to the tea industry or to public interest, 11 ----- the Central Government may, by notified order, authorise any person or body of persons to take over the management of the whole or any part of the tea undertaking or tea unit, as the case may be, or to exercise in respect of the whole or any part of the tea undertaking or, as the case may be, tea unit, such functions of control as may be specified in the order. (2) Any notified order issued under sub-section (1) shall have effect for such period, not exceeding five years as may be specified in the order: Provided that if the Central Government is of opinion that it is expedient in the public interest that any such notified order should continue to have effect after the expiry of the period of five years aforesaid, it may from time to time issue directions for such continuance for such period, not exceeding one year at a time, as may be specified in the direction, so, however, that the total period of such continuance (after the expiry of the said period of five years) does not exceed [1][six years]; and where any such direction is issued a copy thereof shall be laid, as soon as may be, before both Houses of Parliament. (3) Any notified order issued under sub-section (1) shall have the same effect as if it were an order made under sub-section (1) of section 18A of the Industries (Development and Regulation) Act, 1951 (65 of 1956), and the provisions of section 18B of that Act shall apply accordingly. (4) Notwithstanding anything contained in any law for the time being in force, no person, who ceases to hold any office by reason of the provisions contained in clause (a), or whose contract of management is terminated by reason of the provisions contained in clause (b), of section 18B of the Industries (Development and Regulation) Act, 1951 (65 of 1965), as applicable to a tea undertaking or tea unit by virtue of the provisions of sub-section (3), shall be entitled to any compensation for the loss of office or for the premature termination of his contract of management: Provided that nothing contained in this section shall affect the right of any such person to recover from the tea undertaking or the tea unit, as the case may be, monies recoverable otherwise than by way of such compensation. **16E. Power to take over tea undertaking or tea unit without investigation under certain** **circumstances.—(1) Without prejudice to any other provision of this Act if, from the documentary or** other evidence in its possession, the Central Government is satisfied, in relation to a tea undertaking or tea unit, that— (a) the persons in charge of such tea undertaking or tea unit have, by reckless investment or [2][by] creation of incumbrances on the assets of the tea undertaking or tea unit, or by diversion of funds, brought about a situation which is likely to affect the production of tea manufactured or produced by the tea undertaking or tea unit, and that immediate action is necessary to prevent such a situation; or (b) it has been closed for a period of not less than three months (whether by reason of the voluntary winding up of the company owning the tea undertaking or tea unit or for any other reason) and such closure is prejudicial to the concerned tea undertaking or tea, unit and that the financial condition of the company owning the tea undertaking or tea unit and the plant and machinery of such tea undertaking or tea unit are such that it is possible to restart the tea undertaking or tea unit and such restarting is necessary in the interests of the general public, it may, by notified order, authorise any person or body of persons to take over the management of the whole or any part of the tea undertaking or tea unit or to exercise in respect of the whole or any part of the tea undertaking or tea unit such functions of control as may be specified in the order. 1. Subs. by Act 38 of 1983, s. 2, for “two years” (w.e.f. 7-10-1983). 2. Ins. by Act 68 of 1980, s. 3 (w.e.f. 11-6-1976). 12 ----- 1[Explanation.—For the purpose of this sub-section, “incumbrances” includes any liability which may be recovered or satisfied from the assets of the tea undertaking or, as the case may be, tea unit or the person owning the tea undertaking or tea unit.] (2) On the issue of a notified order under sub-section (1) in respect of a tea undertaking or tea unit,— (a) the provisions of sub-sections (2), (3) and (4) of section 16D, and the provisions of section 16G, shall apply to a notified order made under sub-section (1) as they apply to a notified order made under sub-section (1) of section 16D; and (b) the provisions of sub-sections (3) and (4) of section 18AA of the Industries (Development and Regulation) Act, 1951 (65 of 1951), shall apply to the tea undertaking or tea unit, as the case may be, to the same extent as they apply to an industrial undertaking. **16F. Contracts in bad faith, etc., may be cancelled or varied.—Without prejudice to the** provisions of section 18B of the Industries (Development and Regulation) Act, 1951 (65 of 1951), as applicable to a tea undertaking or tea unit, as the case may be, the person or body of persons authorised under section 16D, or, as the case may be, section 16E, to take over the management of a tea undertaking or tea unit may, with the previous approval of the Central Government, make an application to any court having jurisdiction in this behalf for the purpose of cancelling or varying any contract or agreement entered into, at any time before the issue of the notified order under section 16D or section 16E, between the tea undertaking or the tea unit and any other person; and the court may, if satisfied after due inquiry that such contract or agreement had been entered into in bad faith or is detrimental to the interests of the tea undertaking or tea unit, make an order cancelling or varying (either unconditionally or subject to such conditions as it may think fit to impose) that contract or agreement, and the contract or agreement shall have effect accordingly. **16G. Application of Act 1 of 1956.—(1) Where the management of a tea undertaking or tea unit** owned by a company has been taken over by any person or body of persons authorised by the Central Government under this Act, then, notwithstanding anything contained in the said Act or in the memorandum or articles of association of such company,— (a) it shall not be lawful for the shareholders of such company or any other person to nominate or appoint any person to be a director of the company; (b) no resolution passed in a meeting of the shareholders of such company shall be given effect to unless approved by the Central Government; (c) no proceeding for the winding up of such company of for the appointment of receiver in respect thereof shall lie in any court except with the consent of the Central Government. (2) Subject to the provisions contained in sub-section (1), and to the other provisions contained in this Act, and subject to such other exceptions, restrictions and limitations, if any, as the Central Government may, by notification in the Official Gazette, specify in this behalf, the Companies Act, 1956 (1 of 1956), shall continue to apply to such company in the same manner as it applied thereto before the issue of the notified order. **16H. Power of Central Government to cancel notified order under section 16D or 16E.—If, at** any time, it appears to the Central Government on the application of the owner of a tea undertaking or tea unit or otherwise that the purpose of the order made under section 16D or section 16E, has been fulfilled or that for any other reason it is not necessary that the order should remain in force, the Central Government may, by notified order, cancel such order and, on the cancellation of any such order, the 1. Ins. by Act 68 of 1980, s. 3 (w.e.f. 11-6-1976). 13 ----- management or control, as the case may be, of the tea undertaking or tea unit, as the case may be, shall vest in the owner of that undertaking or unit. **16-I. Power of Central Government to authorise, with the permission of the Court, persons to** **take over management or control of tea undertakings or tea units.—(1) If the Central Government is** of opinion that there are possibilities of running or restarting a tea undertaking or tea unit in relation to which an investigation has been made under sub-section (2) of section 16B, and that such tea undertaking or tea unit should be run or restarted for maintaining or increasing the production, supply or distribution of tea, that Government may make an application to the Court by which the company owning such tea undertaking or tea unit has been ordered to be wound up, praying for permission to appoint any person or body of persons to take over the management of the tea undertaking or, as the case may be, tea unit, or to exercise in respect of the whole or any part of the tea undertaking or tea unit, such functions of control as may be specified in the application. (2) Where an application is made under sub-section (1),— (a) the provisions of sub-section (2) of section 18FA of the Industries (Development and Regulation) Act, 1951 (65 of 1951), shall apply to the tea undertaking or tea unit, as the case may be, subject to the modification that for the words “twelve years” occurring in the second proviso thereto, the words [1][six years] shall be substituted; (b) the provisions of sub-sections (3) to (10) (both inclusive) of section 18FA of the Industries (Development and Regulation) Act, 1951 (65 of 1951), shall apply to the tea undertaking or tea unit referred to in sub-section (1), to the same extent as they apply to an industrial undertaking. **16J. Power of Central Government to make certain declarations in relation to tea undertakings** **or tea units.—The Central Government may, if it is satisfied in relation to a tea undertaking, tea unit or** any part thereof, the management or control of which has been taken over under section 16D or under section 16E or under section 16-I, that it is necessary so do in the interests of the general public with a view to preventing fall in the volume of the production of tea, exercise in relation to such tea undertaking or tea unit or part thereof the same powers as are exercisable by it in relation to an industrial undertaking under section 18FB of the Industries (Development and Regulation) Act, 1951 (65 of 1951),, and the said section and the Third Schedule referred to therein shall apply to a tea undertaking or tea unit accordingly. **16K. Power of Central Government to call for report on the affairs and working of a managed** **tea undertaking or tea unit.—(1) Where the management or control of a tea undertaking or tea unit, as** the case may be, has been taken over under section 16D or under section 16E or under section 16-I, the Central Government may, at any time during the continuance of such management or control, call for a report from the authorised person on the affairs and working of the tea undertaking or tea unit, and in submitting the report the authorised person shall take into account the inventory and list of members and creditors prepared under section 16L. (2) On receipt of the report submitted by the authorised person, the Central Government may exercise all or any of the powers conferred on it by sections 18FD, 18FE and 18FF of the Industries (Development and regulation) Act, 1951 (65 of 1951), to the same extent and subject to the same conditions, limitations or restrictions as are specified in the said sections, and the provisions of the said sections shall become applicable to a tea undertaking or tea unit, as the case may be. **16L. Preparation of an inventory of the assets and liabilities and list of members and creditors** **of managed tea undertaking or tea unit.—For the purposes of this Act, the authorised person shall, as** soon as may be after taking over the management of a tea undertaking or tea unit, prepare a complete 1. Subs. by Act 38 of 1983, s. 2, for “two years” (w.e.f. 7-10-1983). 14 ----- inventory of the properties, belongings, liabilities and obligations of such tea undertaking or tea unit, as the case may be, and a list of members and creditors of such tea undertaking or tea unit, in accordance with the provisions of section 18FG of the Industries (Development and Regulation) Act, 1951 (65 of 1951), and the said section shall apply to a tea undertaking or tea unit accordingly. **1[16LL. Debts incurred and investments made by the authorised person to have priority.—** Every debt arising out of any loan or any other financial accommodation obtained by the authorised person for carrying on the management of, or exercising functions of control in relation to, the whole or any part of a tea undertaking or tea unit, the management of which has been taken over or is purported to have been taken over under section 16D or section 16E or section 16-I,— (a) shall have priority over all other debts, whether secured or unsecured, incurred before the management of such tea undertaking or tea unit was taken over; (b) shall be a preferential debt within the meaning of section 530 of the Companies Act, 1956 (1 of 1956), and all such debts shall rank equally among themselves and be paid in full out of the assets of the tea undertaking or tea unit, unless such assets are insufficient to meet them, in which case they shall be recoverable from the owner of the tea undertaking or tea unit as arrears of land revenue notwithstanding that the period of management or control has ended due to expiry of the period for which it was taken over or due to cancellation of the order under section 16H or in pursuance of the order of any court.] **16M. Bar of suits and other proceedings in relation to the tea undertakings or tea units.—No** suit or other legal proceedings shall be instituted or continued against a tea undertaking or tea unit in respect of which an order has been made under section 16D or section 16E, except with the previous permission of the Central Government or of any officer authorised by that Government in this behalf. **16N. Rules made under Act 65 of 1951 to apply.—Until any rule is made in relation to any matter** referred to in this Chapter, the rules made by the Central Government under the Industries (Development and Regulation) Act, 1951, in relation to such matter shall, as far as may be, apply, to the extent they are not repugnant to any provision of this Act or any rule made thereunder and references in such rules to the provisions of that Act shall be Construed accordingly.] CHAPTER IV CONTROL OVER THE EXPORT OF TEA AND TEA SEED **17. Control of export of tea and tea seed.—(1) No tea shall be exported unless covered by a licence** issued by or on behalf of the Board. (2) No tea seed shall be exported unless covered by a permit issued by or on behalf of the Central Government. (3) No tea or tea seed shall be taken by land, sea or air out of any State to any of the [2]*** Portuguese Settlements bounded by India, unless covered by a permit issued by or on behalf of the Board. **18. Tea or tea seed for export to be covered by licence or permit.—(1) No consignment of tea or** tea seed shall be shipped or waterborne to be shipped for export or shall be exported until the owner has delivered to the Customs-collector a valid export licence or special export licence or a valid permit issued by or on behalf of the Board or the Central Government, as the case may be, covering the quantity to be shipped. 1. Ins. by Act 68 of 1980, s. 4 (w.e.f. 11-6-1976). 2. The words “French or” omitted by the A.O. (No. 3), 1956 (w.e.f. 1-11-1956). 15 ----- (2) No consignment of tea or tea seed shall be shipped or waterborne to be shipped for carriage (or shall be taken by land or air) to any of the [1]* * * Portuguese Settlements bounded by India until the owner has delivered to the Customs-collector a permit issued by or on behalf of the Board covering the quantity to be shipped. (3) No permit for the passage of any tea or tea seed by land into any of the [1]* * * Portuguese Settlement bounded by India shall be granted under sub-section (1) of section 5 of the Land Customs Act, 1924 (19 of 1924), unless the application for such permit is accompanied by a permit granted in this behalf by the Board covering the quantity to be passed. **19. Export allotment.—The Central Government shall, after consulting the Board and paying due** regard to all interests concerned and to the standard export figure, declare by notification in the Official Gazette, the export allotment for each financial year: Provided that the Central Government may by subsequent notification at any time during, the financial year alter the export allotment and thereupon the export allotment as so altered shall be the export allotment for that year. **20. Export quotas and licences.—(1) Subject to such conditions as may be prescribed, any tea estate** or any sub-division of a tea estate shall have the right to receive under this Act an export quota for each financial year. (2) The export quota of a tea estate, or a sub-division of a tea estate, that is, the total quantity of tea which may be exported by the owner of a tea estate or a sub-division of a tea estate during the financial year, shall be an amount determined by the Board in accordance with such principles as may be prescribed: Provided that when an export allotment is altered under the provisions of section 19, the export quota shall be liable to be altered accordingly. (3) The total export quotas allotted to tea estates and to sub-divisions thereof at any time during any financial year shall not exceed the export allotment for the time being for that year. **21. Right to export licences.—(1) The owner of a tea estate or a sub-division of a tea estate to which** an export quota has been allotted for any financial year shall have the right to obtain at any time export licences during that year to cover the export of tea up to the amount of the unexhausted balance of the quota, that is, up to the amount of the quota less the amount for which the export licences have already been issued against it. (2) The right of the owner of a tea estate or a sub-division of a tea estate under this section may be transferred subject to such conditions as may be prescribed, and the transferee of any such right may again transfer the whole or any part of his right to the owner of a tea estate, or a sub-division of a tea estate but not to any other person: Provided that nothing in this sub-section shall operate to restrict the issue of licences for the export of tea expressed to be sold with export rights. (3) The owner of any tea estate or any sub-division of a tea estate to which an export quota has been allotted or any person to whom he has transferred his rights may at any time before the 21st day of March of the financial year to which the quota relates apply in writing to the Board for an export licence to cover the export of tea up to the amount of the amount of the unexhausted balance of the quota. 1. The words “French or” omitted by the A.O. (No. 3), 1956 (w.e.f. 1-11-1956). 16 ----- (4) Every licence shall be in duplicate in the prescribed form, shall bear the date of its issue and shall be valid up to the end of the financial year in which it is issued: Provided that, save as provided in section 22, the Board shall not issue any export licence after the end of the financial year in which the application for licence was made. **22. Special Export Licences.—(1) Where tea in respect of which an export licence has been or could** have been granted under this Act has not been exported before the end of the financial year in which the licence was or could have been issued, the person to whom the licence was or could have been granted may, before the 14th day of April of the following financial year forward an application to the Board for a special export licence covering the same quantity of tea, and the Board shall, on receipt of the prescribed fee, if any, issue a special export licence accordingly. (2) A person to whom a special export licence has been issued under sub-section (1) may transfer the special export licence with all the rights conferred thereby to a person or persons nominated by him, but a licence once so transferred shall not be further transferable. (3) A special licence shall be in duplicate in the prescribed form, shall bear the date of its issue and shall be valid up to the 31st day of May of the financial year in which it was issued. (4) The quantity of tea covered by a special export licence shall be accounted for against the export quota of the year in which the original licence was or could have been issued under this Act. (5) Notwithstanding anything contained in the foregoing sub-sections the Board may, with the general or special previous sanction of the Central Government, refuse to issue a special export licence or postpone for so long as the Central Government may require the issue of any special export licence. **23. Board to maintain accounts of quotas.—(1) The Board shall maintain an account of every** export quota showing, in addition to such other particulars as the Board may think fit, the licences issued against it and the unexhausted balance. (2) Any owner of a tea estate or a sub-division of a tea estate shall be entitled, on payment of the requisite fee, to a copy of the account relating to his quota certified in the manner laid down in the bylaws made by the Board. **24. Limitation of application of chapter.—Nothing in this Chapter shall apply to tea—** (a) proved to the satisfaction of the [1][Commissioner of Customs] to have been imported into India from any part outside India; or (b) shipped as stores on board any vessel or aircraft in such quantity as the Customs-Collector considers reasonable having regard to the number of the crew and passengers and length of the voyage on which the vessel or aircraft is about to depart; or (c) exported by post in packages [2][not exceeding five kilograms] in weight; or (d) exported with the previous sanction of the Central Government, within the limits prescribed in this behalf, by a Red Cross Society or by any organisation for providing amenities for troops overseas; or (e) taken as part of the personal luggage of a passenger. 1. Subs. by Act 22 of 1995, s. 86, for “Customs Collector” (w.e.f. 26-5-1995). 2. Subs. by Act 40 of 1960, s. 8, for “not exceeding ten pounds avoirdupois” (w.e.f.1-10-1960). 17 ----- CHAPTER V FINANCE, ACCOUNTS AND AUDIT 1[25. Imposition Of Cess On Tea Produced In India.—(1) There shall be levied and collected as a cess for the purposes of this Act a duty of excise of all tea produced in India [2][at such rate not exceeding fifty paise per kilogram as the Central Government may, by notification in the Official Gazette, fix]: 3[Provided that different rates may be fixed for different varieties or grades of tea having regard to the location of, and the climatic conditions prevailing in, the tea estates or gardens producing such varieties or grades of tea and any other circumstances applicable to such production.] (2) The duty of excise levied under sub-section (1) shall be in addition to the duty of excise leviable on tea under the Central Excises and Salt Act, 1944 (1 of 1944), or any other law for the time being in force. (3) The provisions of the Central Excises and Salt Act, 1944 (1 of 1944), and the rules made thereunder, including those relating to refund and exemption from duty, shall so far as may be, apply in relation to the levy and collection of the duty of excise under this section as they apply in relation to the levy and collection of the duty of excise on tea under the said Act.] **26. Payment of proceeds of cess to the Board.—The proceeds of the cess levied under sub-section** (1) of section 25 shall first be credited to the Consolidated Fund of India, and the Central Government may thereafter, from time to time, pay to the Board from and out of such proceeds such sums of money as it may think fit after deducting the expenses of collection. 4[26A. Grants and loans by the Central Government to the Board.—The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Board by way of grants of loans such sums of money as the Central Government may consider necessary.] **27. Constitution of Fund.—(1) There shall be formed a Fund to be called the Tea Fund, and there** shall be credited thereto:— (a) the proceeds of the cess made over to the Board by the Central Government; 5[(aa) any sum of money including dividend, if any, realised by the Board in carrying out any measure referred to in clause (jj) of sub-section (2) of section 10;] 6[7(ab)] any sum of money that may be paid to the Board by way of grants of loans under section 26A; (b) all fees levied and collected in respect of licences, permits and permissions issued under this Act; and (c) any other fee that may be levied and collected under this Act or the rules made thereunder. (2) The Fund shall be applied towards meeting the expenses of the Board and the cost of the measures referred to in section 10. 1. Subs. by Act 21 of 1967, s. 4, for s. 25 (w.e.f. 13-8-1967). 2. Subs. by Act 24 of 1986, s. 2, for “at the rate of four paise per kilogram” (w.e.f. 15-8-1986). 3. Subs. by s. 2, ibid., for the proviso (w.e.f. 15-8-1986). 4. Ins. by Act 22 of 1970, s. 2 (w.e.f. 23-5-1970). 5. Ins. by Act 68 of 1980, s. 5, for clause (aa) (w.e.f. 27-12-1980). 6. Ins. by Act 22 of 1970, s. 3 (w.e.f. 23-5-1970). 7. Clause (aa) re-lettered as clause (ab) by Act 68 of 1980, s. 5 (w.e.f. 27-12-1980). 18 ----- **28. Borrowing powers of Board.—Subject to such rules as may be made in this behalf, the Board** shall have power to borrow on the security of the Fund or any other asset for any purposes for which the Fund may be applied. 1[28A. Writing off of losses.—Subject to such conditions as may be specified by the Central Government, where the Board is of opinion that any amount due to, or any loss, whether of money or of property, incurred by the Board is irrecoverable, the Board may, with the previous approval of the Central Government, sanction the writing off finally of the said amount or loss: Provided that no such approval of the Central Government shall be necessary where such irrecoverable amount or loss does not exceed in any individual case and in the agreegate in any year such amounts as may be prescribed.] **29. Accounts and audit.—(1) The Board shall cause accounts to be kept of all moneys received and** expended by it. (2) The accounts shall be audited every year by auditors appointed in this behalf by the Central Government and such auditors shall disallow every item, which in their opinion is not authorized by this Act or any rule made or direction issued thereunder. (3) The Board may, within three months from the date of communication to it of the disallowance of any item, as aforesaid appeal against such disallowance to the Central Government whose decision shall be final. CHAPTER VI CONTROL BY THE CENTRAL GOVERNMENT **30. Power to control price and distribution of tea or tea waste.—(1) The Central Government** may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein— (a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein— (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order— (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; 1. Ins. by Act 24 of 1986, s. 3 (w.e.f. 15-8-1986). 19 ----- (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore— (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide— (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. **31. General control over acts and proceedings of the Board.—(1) All acts and proceedings of the** Board shall be subject to the control of the Central Government which may cancel, suspend or modify as it thinks fit any action taken by the Board. (2) The Board shall carry out such directions as may be issued to it from time to time by the Central Government for the efficient administration of this Act. (3) The records of the Board shall be open to inspection at all reasonable times by any officer authorised in this behalf by the Central Government. **32. Appeal to Central Government.—Any person aggrieved by an order of the Board under section** 14, section 15 or section 20 may appeal to the Central Government within sixty days from the date thereof and the Central Government may cancel, modify or suspend any such order. CHAPTER VII MISCELLANEOUS **33. Licensing brokers, tea manufacturers, etc.—The Central Government may whenever it thinks** it necessary so to do, by notification in the Official Gazette require that no person shall on and from such date as may be specified in the notification engage himself as a broker, manufacturer or dealer in tea waste or engage himself in the business of blending tea except under and in accordance with the provisions of a licence issued by the Board in accordance with the rules made under this Act; and any person who on and after such date so engages himself without obtaining a licence issued by the Board shall be deemed to have contravened the provisions of this section. **34. Power of inspection.—Any person authorized in this behalf by the Central Government or by the** Board or any member so authorized by the Chairman in writing or any officer of the Board may enter at 20 ----- all reasonable times any tea estate or any place or premises where tea or tea waste is stored, kept or exposed for sale and may require the production for his inspection of any book, register, record or other paper kept therein and ask for any information relating to the production, storage or keeping for sale of tea or tea waste. **35. Power of Board to call for returns.—(1) The Board may serve by registered post a notice upon** the owner of any tea estate or any sub-division of a tea estate or upon his manager, requiring him to furnish, within such period as it may specify in the notice, such returns relating to the production, sale and export of tea produced on the estate or to any other matter as it may deem necessary. (2) Where the owner of any tea estate or any sub-division of a tea estate or his manager being required under sub-section (1) to furnish any return fails to furnish such return within the period specified in the notice or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true, the Board may refuse to allot an export quota to that estate or sub-division under section 20, or where an export quota has already been allotted, may cancel the unexhausted balance of that quota and refuse to issue any further export licences against that quota or recognise or give effect to any transfer of quota under section 21. (3) The Board may serve by registered post a notice upon any manufacturer, broker, dealer or dealer in tea waste, requiring him to furnish, within such period as it may specify in the notice, such returns relating to the manufacture, stock, purchase, sale or export of tea or tea waste as it may deem necessary. **36. Penalty for illicit export.—A breach of the provisions of sub-section (1) or sub-section (2) of** section 18 shall be punishable as if it were an offence under item No. 8 of section 167 of the Sea Customs Act, 1878 (8 of 1878), and the provisions of section 168 and of Chapter XVII of that Act shall apply accordingly. **37. Penalty for making false return.—Any person who being required by or under this Act to** furnish any return fails to furnish such return or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true shall be punishable with fine which may extend to one thousand rupees. **38. [Penalty for obstructing an officer or member of the board in the discharge of his duties and** **_for failure to produce books and records.] Omitted by the Jan Vishwas (Amendment of Provisions) Act,_** 2023 (18 of 2023) s. 2 and Schedule. (w.e.f. 9-8-2024). **39. [Penalty for illicit cultivation.] Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023** (18 of 2023) s. 2 and Schedule. (w.e.f. 9-8-2024). **40.** [Removal of tea planted without permission.] Omitted by the Jan Vishwas (Amendment of _Provisions) Act, 2023 (18 of 2023) s. 2 and Schedule. (w.e.f. 9-8-2024)._ **41. Penalty for contravention of order relating to control of price and distribution.—(1) If any** person contravenes any order made under sub-section (1) or sub-section (3) of section 30, he shall be 1[liable to penalty which may extend to fifty thousand rupees] and the property in respect of which the order has been contravened or such part thereof as to the Court may seem fit shall be forfeited to the Central Government. (2) Any person who attempts to contravene or abets the contravention of, any order under sub-section (1) or sub-section (3) of section 30 shall be deemed to have contravened that order. 1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 9-8-2023). 21 ----- **42. Other penalties.—Whoever contravenes or attempts to contravene or abets the contravention of** the provisions of this Act or of any rules made thereunder other than the provisions, punishment for the contravention whereof has been provided for in sections 36, 37, 38, 39 and 41 shall be [1][liable to penalty which may extend to fifty thousand rupees and for subsequent contravention, penalty which may extend to one lakh rupees]. [2][42A. **Adjudication of penalties.—(1) For the purposes of adjudging the penalties under** sub-section (1) of section 41 and section 42, the Deputy Chairman of the Board shall appoint the Secretary to the Board or any other officer authorised by the Central Government, as the case may be, to be an adjudicating officer for holding an inquiry and imposing penalty in the manner as may be prescribed, after giving a reasonable opportunity of being heard. (2) Whoever is aggrieved by any order of the adjudicating officer may prefer an appeal to the Deputy Chairman of the Board, within a period of sixty days from the date of receipt of such order in such form and manner as may be prescribed. (3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the Deputy Chairman that he had sufficient cause for not preferring the appeal within that period. (4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard. (5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing. (6) The amount of penalty imposed under sub-section (1), if not paid, may be recovered as an arrear of land revenue.] **43. Offences by companies.—(1) If the person committing an offence under this Act, or the rules** thereunder is a company, every person, who at the time the contravention was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act or the rules thereunder has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director or manager, secretary or other officer of the company such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section—_ (a) “company” means any body corporate and includes a firm or other than association of individuals; and (b) “director” in relation to a firm means a partner in the firm. **44. Jurisdiction of courts.—No Court inferior to that a Presidency Magistrate or a Magistrate of the** First Class shall try any offence punishable under this Act. 1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 9-8-2024). 2. Ins. by s. 2 and Schedule, ibid. (w.e.f. 9-8-2024). 22 ----- **45. Previous sanction of Central Government for prosecution.—No prosecution for any offence** punishable under this Act shall be instituted except with the previous sanction of the Central Government. **46. Protection of action taken in good faith.—[1][(1)] No suit, prosecution or other legal proceeding** shall lie against any person for anything which is in good faith done or intended to be done under this Act of [ 2][any rule of order] made thereunder. 3[(2) No suit or other legal proceeding shall lie against the Central Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder.] **47. Power to delegate.—The Central Government may, by order notified in the Official Gazette,** direct that any power exercisable by it under this Act may also be exercised in such cases and subject to such conditions, if any, as may be specified in the order by such officer or authority as may be specified therein. **48. Suspension of operation of Act.—(1) If the Central Government is satisfied that circumstances** have arisen rendering it necessary that certain of the restrictions imposed by this Act should cease to be imposed or if it considers it necessary or expedient so to do in the public interest, the Central Government may, by notification in the Official Gazette, suspend or relax to a specified extent either indefinitely or for such period as may be specified in the notification the operation of all or any of the provisions of this Act. (2) Where the operation of any provisions of this Act has under sub-section (1) been suspended or relaxed indefinitely, such suspension or relaxation may at any time while this Act remains in force be removed by the Central Government by notification in the Official Gazette. **49. Power of Central Government to make rules.—(1) The Central Government may, subject to** the condition of previous publication, make rule for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings of the Board every year; (d) the pay, allowances and other conditions of service of the [4][Deputy Chairman, Secretary] and other officers appointed by the Central Government; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (g) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates shall be sanctioned; 1. Section 46 re-numbered as sub-section (1) thereof by Act 68 of 1980, s. 6 (w.e.f. 27-12-1980). 2. Subs. by s. 6, ibid., for “the rules” (w.e.f. 27-12-1980). 3. Ins. by Act 68 of 1980, s. 6 (w.e.f. 27-12-1980). 4. Subs. by Act 32 of 1977, s. 3, for “Secretary” (w.e.f. 12-8-1977). 23 ----- (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure and the re-appropriation of estimated savings in any budget head to another such head; (i) the conditions subject to which the Board may incur expenditure; (j) the conditions subject to which the Board may borrow; 1[(ja) the amounts for the purposes of the provision to section 28A;] (k) the form and the manner in which accounts should be kept by the Board; (l) the basis on which the export quota of a tea estate or a sub-division of a tea estate shall be determined; (m) the conditions subject to which export quota, export licences and special export licences shall be transferable; (n) the conditions subject to which permits for the planting of tea on land not carrying tea shall be granted; (o) the collection of any information or statistics in respect of the tea industry and the tea trade; (p) the fees to be levied in respect of licences, permits and permissions issued under this Act; (q) the procedure for the grant or issue of licences, permits and permissions under this Act, the time within which such licences, permits or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such inquiry in regard thereto as may be necessary in the circumstances; (r) the form of application for licences, permits or permissions under this Act; (s) the manner in which a broker or a dealer in tea waste or a manufacturer shall be licensed under this Act and the levy of fees in respect of such licence; (t) the matters which may be taken into account in the granting or issuing of any licence, permit or permission under this Act including in particular the previous consultation with the Central Government by the Board in regard to the grant or issue of any such licences, permits or permissions; (u) the conditions which may be included in any licences, permits or permissions; (v) the returns to be furnished by owners of tea estates, or sub-divisions thereof, manufacturers, dealers and brokers relating to the production, manufacture, stock, sale and export of tea and tea waste and the form and manner in which such returns are to be furnished; (w) the fees to be charged for granting certified copies of accounts of quotas; (x) any other fee that may be necessary for the Board to levy in order to determine or redetermine the basis on which export quota may be fixed; 2[(xa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 42A; (xb) the form and manner of preferring appeal under sub-section (2) of Section 42A;] (y) any other matter which is to be or may be prescribed. 1. Ins. by Act 24 of 1986, s. 4 (w.e.f. 15-8-1986). 2. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 24 ----- 1[(3) Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or [2][in two or more successive sessions, and if, before the expiry of the session immediately following the sessions or the successive sessions aforesaid] both houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **50. Power of Board to make by-laws.—(1) The Board may make by-laws consistent with this Act** and the rules made thereunder, to provide for— (a) the dates, times and places of its meetings and of the meetings of the Executive and other Committees and quorum for such meetings, and the procedure thereat; (b) the delegation of powers and duties to the Executive or any other Committee, or its Chairman, Vice-Chairman, [3][Deputy Chairman, Secretary] or any other of its officers; (c) the travelling allowances of members and of members of Committees; (d) the appointment, promotion and dismissal of its officers and other employees other than those appointed by the Central Government and the creation and abolition of their posts; (e) the conditions of service of its officers and other employees other than those appointed by the Central Government, including their pay, leave, leave allowances, pensions, gratuities, compassionate allowances and travelling allowances and the establishment and maintenance of a provident fund for them; (f) the maintenance of its accounts; (g) the persons by whom, and the manner in which payments, deposits and investments may be made on its behalf; (h) the custody of moneys required for its current expenditure and the investment of moneys not so required; (i) the preparation of statements showing the sums allotted to Departments of the Central and State Governments and other institutions. (2) No by-law shall take effect until it has been confirmed by the Central Government and published in the Official Gazette, and the Central Government, in confirming a by-law may make any change therein which appears to be necessary. (3) The Central Government may, by notification in the Official Gazette, cancel any by-law which it has confirmed and thereupon the by-laws shall cease to have effect. 4[(4) Every rule made by this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the by-law or both Houses agree that the by-law should not be made, the by-law shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such **1. Subs. by Act 22 of 1970, s. 4, for sub-section (3) (w.e.f. 23-5-1970).** 2. Subs. by Act 32 of 1977, s. 3, for “in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following,” (w.e.f. 12-8-1977). 3. Subs. by Act 32 of 1977, s. 3, for “Secretary” (w.e.f. 12-8-1977). 4. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f. 15-5-1986). 25 ----- modification or annulment shall be without prejudice to the validity of anything previously done under that by-law.] **51. Repeals and savings.—(1) The Indian Tea Control Act, 1938 (8 of 1938), and the Central Tea** Board Act, 1949 (13 of 1949), are hereby repealed. (2) All moneys and other property and all rights and interests, or whatever kind, owned by, vested in, used, enjoyed or possessed by, or held in trust by or for, the Indian Tea Licensing Committee constituted under the Indian Tea Control Act, 1938 (8 of 1938), and the Central Tea Board constituted under the Central Tea Board Act, 1949 (13 of 1949), as well as all liabilities legally subsisting against that Committee or that Board shall pass to the Board with effect from the commencement of this Act. (3) All officers and other employees of the Indian Tea Licensing Committee and the Central Tea Board who hold office as such immediately before the commencement of this Act shall be deemed to have been appointed as officers or other employees of the Board with effect from the commencement of this Act and, notwithstanding anything contained in any contract of service entered into by any such officer or other employee with the Indian Tea Licensing Committee or the Central Tea Board, shall be entitled to such pay and allowances and to such conditions of service in respect of other matters as may be determined by the Board with the approval of the Central Government. (4) Any proceedings taken by the Indian Tea Licensing Committee or the Central Tea Board before the commencement of this Act may be continued by the Board after such commencement. (5) Until action in that behalf is otherwise taken under the corresponding provisions of this Act or the rules made thereunder, all licences, permits and permissions issued or granted, all export quotas allotted and all fees fixed under the provisions of the Indian Tea Control Act, 1938 (8 of 1938), shall unless inconsistent with the provisions of this Act, be deemed to have been issued, granted, allotted or fixed under the corresponding provisions of this Act and the rules made thereunder. (6) Any offence punishable under the Indian Tea Control Act, 1938 (8 of 1938), or the Central Tea Board Act, 1949 (13 of 1949), shall be punishable and may be dealt with as if it were an offence punishable under the corresponding provisions of this Act. (7) Any other thing or action done or taken before the commencement of this Act by the Indian Tea Licensing Committee or the Central Tea Board shall so long as it is not inconsistent with any of the provisions of this Act, be as valid and effectual as if it had been done or taken by the Board after the commencement of this Act. (8) For the removal of doubts, it is hereby declared that the provisions contained in sub-section (2) to (7) inclusive shall be without prejudice to the general application of section 6 of the General Clauses Act, 1897 (10 of 1897). (9) If any difficulty arises in giving effect to any of the provisions of this Act, the Central Government may as occasion may arise, by order, do anything which appears to be necessary for the purpose of removing the difficulty. _______ 26 -----

14-Sep-1953

30

The Andhra State Act, 1953

https://www.indiacode.nic.in/bitstream/123456789/2176/1/195330.pdf

central

# THE ANDHRA STATE ACT, 1953 ______________ # ARRANGEMENT OF SECTIONS _______________ PART I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. PART II FORMATION OF ANDHRA STATE AND TRANSFER OF TERRITORY FROM MADRAS TO MYSORE 3. Formation of Andhra State. 4. Transfer of territory from Madras to Mysore. 5. Amendment of the First Schedule to the Constitution. PART III REPRESENTATION IN THE LEGISLATURES _Council of states_ 6. Representation in the Council of States. 7. Amendment of the Fourth Schedule to the Constitution. 8. Allocation of sitting members. 9. Bye-election to fill vacancies. 10. Term of office. _House of the People_ 11. Representation in the House of the People. 12. Delimitation of constituencies. 13. Provision as to sitting members. 14. Electoral rolls for modified Parliamentary constituencies _Legislative Assemblies_ 15. Strength of Legislative Assemblies. 16. Allocation of members. 17. Duration of Legislative Assemblies. 18. Electoral rolls for modified Assembly constituencies. ----- SECTIONS 19. Madras Legislative Council. 20. Madras Council Constituencies. 21. Members of the Madras Legislative Council and their terms of office. 22. Mysore Legislative Council. 23. Electoral rolls for modified Council constituencies. MISCELLANEOUS 24. Revision of the Scheduled Castes and Scheduled Tribes Orders. 25. Rules of Procedure of the Andhra Legislative Assembly. 26. Amendment of section 2, Act 43 of 1950. 27. Amendment of section 9, Act 81 of 1952. PART IV HIGH COURTS 28. High Court for Andhra. 29. Judges of the Andhra High Court. 30. Jurisdiction of Andhra High Court. 31. Power to enrol advocates, etc. 32. Practice and procedure in Andhra High Court. 33. Custody of the Seal of the Andhra High Court. 34. Form of writs and other processes. 35. Powers of Judges. 36. The place of sitting of the High Court. 37. Procedure as to appeals to the Supreme Court. 38. Transfer of proceedings from Madras High Court to Andhra High Court. 39. Savings. 40. Transitional provisions. 41. High Court for the added areas of Mysore. 42. Interpretation. PART V FINANCIAL PROVISIONS 43. Authorisation of expenditure pending its sanction by Legislature. 44. Vote on account by the Madras Legislative Assembly. 45. Authorisation under the Madras Appropriation Act to cease. 46. Reports relating to the accounts of Madras State. ----- SECTIONS 47. Apportionment of assets and liabilities. 48. Contracts. 49. Liability in respect of actionable wrongs. 50. Liability as guarantor. 51. Power of President to order allocation or adjustment in certain cases. 52. Certain expenditure to be charged on the Consolidated Fund of the State. PART VI LEGAL PROVISIONS 53. Territorial extent of laws. 54. Power to adapt laws. 55. Power to construe laws. 56. Power to name authorities, etc., for exercising statutory functions. 57. Legal proceedings concerned the State of Madras. 58. Provisions as to certain pending proceedings. PART VII ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS 59. Provisions for detention in, and power to commit to, certain jails and other institutions. 60. Continuance of facilities in certain State institutions. 61. Provisions relating to the Indian Administrative Service and the Indian Police Service. 62. Provisions relating to the Indian Civil Service, the Indian Police, the Indian Service of Engineers and the Indian Forest Service. 63. Provisions relating to other Services. 64. Power of President to give directions. 65. Report of the Madras Public Service Commission. 66. Special provisions with regard to Tungabhadra Project. 67. Allowances and privileges of the Governor of Andnra. 68. Effect of provisions of the Act inconsistent with other laws. 69. Power to remove difficulties. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. THE FOURTH SCHEDULE. ----- SECTIONS THE FIFTH SCHEDULE. THE SIXTH SCHEDULE. THE SEVENTH SCHEDULE. THE EIGHTH SCHEDULE. ----- # THE ANDHRA STATE ACT, 1953 ACT NO. 30 OF 1953 [14th September, 1953.] # An Act to provide for the formation of the State of Andhra, the increasing of the area of the State of Mysore and the diminishing of the area of the State of Madras, and for matters connected therewith. BE it enacted by Parliament as follows:— PART I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Andhra State Act, 1953.** (2) This Part and sections 43, 54, 58, 61, 62, 63, 64, 66 and 69 shall come into force at once, and all other provisions of this Act shall come into force on the 1st day of October, 1953. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the 1st day of October, 1953; (b) “article” means an article of the Constitution. (c) “Assembly constituency”, “Council constituency” and “Parliamentary constituency” have the same meaning as in the Representation of the People Act, 1950; (43 of 1950); (d) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the State of Madras or Mysore as constituted immediately before the appointed day; (e) “Order” means an Order published in the Official Gazette; (f) “sitting member” in relation to either House of Parliament or of the Legislature of a State, means a person who immediately before the appointed day is a member of that House; (g) “transferred territory” means the territory added to the State of Mysore by sub-section (1) of section 4. PART II FORMATION OF ANDHRA STATE AND TRANSFER OF TERRITORY FROM MADRAS TO MYSORE **3. Formation of Andhra State.—(1) As from the appointed day, there shall be formed a Part A** State to be known as the State of Andhra comprising the territories which immediately before that day were comprised in Srikakulam, Visakhapatnam, East Godavari, West Godavari, Krishna, Guntur, Nellore, Kurnool, Anantapur, Cuddapah and Chittoor districts and Alur, Adoni and Rayadrugtaluks of Bellary district in the State of Madras and the said territories shall thereupon cease to form part of the State of Madras. (2) Without prejudice to the power of the State Government to alter hereafter the extent, boundaries and names of districts, the said taluks of Alur and Adoni shall be included in, and become part of, Kurnool district, and the said taluk of Rayadrug shall be included in, and become part of, Anantapur district. **4. Transfer of territory from Madras to Mysore.—(1) As from the appointed day, there shall** be added to the State of Mysore the territory which immediately before that day was comprised in the taluks of Bellary district other than Alur, Adoni and Rayadrug in the State of Madras, and the said territory shall thereupon cease to form part of the State of Madras. ----- (2) Without prejudice to the power of the State Government to alter hereafter the extent, boundaries and names of districts, the transferred territory shall form a separate district to be known as Bellary district. **5. Amendment of the First Schedule to the Constitution.—In the First Schedule to the** Constitution.— (a) in Part A, Entries 1 to 9 shall be renumbered as Entries 2 to 10 respectively, and before Entry 2 as so renumbered, the entry “1. Andhra” shall be inserted; (b) in Part A, in the description of the territories of States— (i) before the paragraph relating to the territory of the State of Assam, the following paragraph shall be inserted namely:— “The territory of the State of Andhra shall comprise the territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953”; and (ii) at the end of the last paragraph, the following shall be added, namely:— “but in the case of the State of Madras shall not include the territories specified in sub-section (1) of section 3 and sub-section (1) of section 4 of the Andhra State Act, 1953”; and (c) in Part B, at the end of the paragraph containing the description of the Territories of States, the following shall be added, namely:— “and in the case of the State of Mysore shall also comprise the territory specified in sub section (1) of section 4 of the Andhra State Act, 1953.” PART III REPRESENTATION IN THE LEGISLATURES _Council of states_ **6. Representation in the Council of States.—The number of seats allotted to the State of Madras** in the Council of States shall be reduced from 27 to 18, and there shall be allotted 12 seats to the State of Andhra in the said Council. **7. Amendment of the Fourth Schedule to the Constitution.—In the Fourth Schedule to the** Constitution— (a) in the Table of Seats relating to the States specified in Part A of the First Schedule— (i) entries 1 to 9 shall be renumbered as entries 2 to 10 respectively; (ii) before entry 2 as so renumbered, the entry “1. Andhra……...12” shall be inserted; (iii) in column 2, for the figures “27” and “145” the figures “18” and “148” shall respectively be substituted; (b) at the end of the Table of Seats, for the figures “204” the figures “207” shall be substituted. **8. Allocation of sitting members.—The nine sitting members of the Council of States** representing the State of Madras whose names are specified in Part I of the First Schedule shall be deemed to have been elected by the elected Members of the Legislative Assembly of Andhra to fill nine of the seats allotted to the State of Andhra in the Council of States; and the remaining eighteen sitting members whose names are specified in Part II of that Schedule shall continue to be members of the Council of States representing the State of Madras. ----- **9. Bye-election to fill vacancies.—As soon as may be after the appointed day, there shall be held** a bye-election to fill the vacancies existing on the appointed day in the seats allotted to the State of Andhra in the Council of States. **10. Term of office.—(1) Except as provided in sub-section (2), the terms of office of the** members specified in the First Schedule shall remain unaltered, that is to say, as indicated in that Schedule. (2) The term of office— (a) of one of the two members specified against serial numbers 4 and 5 in Part I of the First Schedule shall be increased so as to expire on the 2nd day of April, 1958, and (b) of one of the seven members specified against serial numbers 7 to 13 in Part II of that Schedule shall be reduced so as to expire on the 2nd April, 1954. (3) The member whose term of office is to be increased under clause (a) of sub-section (2) and the member whose term of office is to be reduced under clause (b) of that sub-section shall be determined as soon as may be after the appointed day by lot drawn in such manner as the Chairman of the Council of States may direct. (4) The term of office of each of the three members to be elected by the elected members of the Legislative Assembly of Andhra under section 9 shall expire on the 2nd day of April, 1956. _House of the People_ **11. Representation in the House of the People.—(1) The number of seats allotted in the House** of the People to the State of Madras shall be reduced from 75 to 46, the number of seats allotted to the State of Mysore shall be increased from 11 to 12, and there shall be allotted 28 seats to the State of Andhra in that House. (2) In the First Schedule to the Representation of the People Act, 1950 (43 of 1950)— (a) In the Part relating to Part A States,— (i) entries 1 to 9 shall be renumbered as entries 2 to 10 respectively, and before entry 2 as so renumbered, the following entry shall be inserted, namely:— “1. Andhra………..28”; and (ii) for the entry in column 2 against Madras, the entry “46” shall be substituted; and (b) in the part relating to Part B States, for the entry in column 2 against Mysore, the entry “12” shall be substituted. **12. Delimitation of constituencies.— The Delimitation of Parliamentary and Assembly** Constituencies (Madras) Order, 1951 and the Delimitation of Parliamentary and Assembly Constituencies (Mysore) Order, 1951 shall, until other provision is made by law, have effect subject to the modifications directed by the Second Schedule. **13. Provision as to sitting members.—Every sitting member of the House of the People** representing a constituency which on the appointed day by virtue of the provisions of section 12 stands transferred, whether with or without alteration of boundaries, to the State of Andhra or to the State of Mysore, shall be deemed to have been elected to the House of the People by that constituency as so transferred. **14. Electoral rolls for modified Parliamentary constituencies.—Where by virtue of the** provisions of section 12, the extent of a Parliamentary constituency has altered, the electoral roll for ----- that constituency as so altered shall as from the appointed day and until it is revised in accordance with law, be deemed to consist of so much of the electoral roll or rolls for any Parliamentary constituency or constituencies as relate to the areas comprised within the constituency as so altered. _Legislative Assemblies_ **15. Strength of Legislative Assemblies.—(1) The total number of seats to be filled by persons** chosen by direct election— (a) in the Legislative Assembly of Andhra, shall be 140, (b) in the Legislative Assembly of Madras, shall be reduced from 375 to 230, and (c) in the Legislative Assembly of Mysore, shall be increased from 99 to 104. (2) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950) — (a) in the Part relating to Part A States,— (i) entries 1 to 9 shall be renumbered as entries 2 to 10 respectively and before entry 2 as so renumbered, the following entry shall be inserted, namely:— “1. Andhra…….....140”; and (ii) for the entry in column 2 against Madras, the entry “230” shall be substituted; and (b) in the Part relating to Part B States, for the entry in column 2 against Mysore the entry “104” shall be substituted. **16. Allocation of members.—(1) Every sitting member of the Legislative Assembly of Madras** representing a constituency which on the appointed day by virtue of the provisions of section 12 stands transferred, whether with or without alteration of boundaries, to the State of Andhra or to the State of Mysore shall, as from the appointed day, cease to be a member of the Legislative Assembly of Madras and shall be deemed to have been elected to the Legislative Assembly of Andhra or, as the case may be, of Mysore by that constituency as so transferred. (2) The sitting member of the Legislative Assembly of Madras nominated to that Assembly under article 333 to represent the Anglo-Indian community shall, notwithstanding the diminution in the area of that State continue to represent the said community in that Assembly under that Article. **17. Duration of Legislative Assemblies.—(1) The period of five years referred to in clause (1) of** article 172 shall, in the case of the Legislative Assembly of Andhra, be deemed to have commenced on the date on which it actually commenced in the case of the Legislative Assembly of Madras. (2) The changes in the composition of the Legislative Assemblies of Madras and Mysore shall not affect the duration of either of those Assemblies as provided under clause (1) of article 172. **18. Electoral rolls for modified Assembly constituencies.—Where by virtue of the provisions** of section 12 the extent of an Assembly constituency has altered, the electoral roll for that constituency as so altered shall, as from the appointed day and until it is revised in accordance with law, be deemed to consist of so much of the electoral roll or rolls for any Assembly constituency or constituencies as relate to the areas comprised within the constituency as so altered. _Legislative Councils_ **19. Madras Legislative Council.—(1) In the Legislative Council of Madras there shall be 51** seats of which— ----- (a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171 shall be 14, 4 and 4 respectively; (b) the number to be filled by persons elected by the members of the Legislative Assembly of Madras in accordance with the provisions of sub-clause (d) of the said clause shall be 18; and (c) the number to be filled by the persons nominated by the Governor of Madras in accordance with the provisions of sub-clause (e) of the said clause shall be 11: Provided that as from the 21st day of April, 1954— (a) the number of seats to be filled by persons elected by the electorates referred to in sub clause (b) of clause (3) of article 171 shall be increased to 6, and (b) the number of seats to be filled by persons referred to in clause (c) of this sub-section shall be reduced to 9. (2) The two additional seats allotted under clause (a) of the proviso to sub-section (1) shall, for the purpose of filling them for the first time, be deemed to be seats rendered vacant by the members of the Legislative Council of Madras retiring on the expiration of their terms of office on the 20th day of April, 1954. (3) The Third Schedule to the Representation of the People Act, 1950 (43 of 1950) shall,— (a) as from the appointed day and until the 21st day of April, 1954, stand amended as follows:— For the entry relating to Madras, the entry— “3. Madras 51 14 4 4 18 11” shall be substituted; and (b) as from the 21st day of April, 1954, stand amended at follows:— For the entry relating to Madras, the entry— “3. Madras 51 14 6 4 18 9” shall be substituted. **20. Madras Council Constituencies.—The Delimitation of Council Constituencies (Madras)** Order, 1951, shall, until other provision is made by law have effect subject to the modifications directed by the Third Schedule: Provided that as from the 21st day of April, 1954, the Table appended to paragraph 2 of that Order shall have effect subject to the further modification that for the entry in column 3 thereof against “Madras (Graduates)” constituency the entry “6” shall be substituted. **21. Members of the Madras Legislative Council and their terms of office.—(1) The sitting** members of the Legislative Council of Madras whose names are not specified in the Fourth Schedule shall, on the appointed day, cease to be members of that Council. (2) The sitting members of the Legislative Council representing the Madras South (Graduates) constituency and the Madras South (Teachers) constituency shall, as from the appointed day, be deemed to have been elected to the Legislative Council of Madras by the Madras (Graduates) constituency and the Madras (Teachers) constituency, respectively. (3) The terms of office of those sitting members who do not cease to be members of the Legislative Council on the appointed day shall be determined in accordance with the provisions contained in the Fourth Schedule. ----- **22. Mysore Legislative Council.—(1) The Delimitation of Council Constituencies (Mysore)** Order, 1951, shall until other provision is made by law, have effect subject to the modification directed by the Fifth Schedule. (2) Any reference in the said Order to the State of Mysore shall be construed as including the territory added to that State by sub-section (1) of section 4. (3) The sitting members of the Legislative Council of Mysore representing the Chitaldrug (Local Authorities) constituency shall, as from the appointed day, be deemed to have been elected to that Council by the Chitaldrug-cum-Bellary (Local Authorities) constituency. (4) Every sitting member of the Legislative Council of Mysore representing the Mysore (Graduates) constituency or the Mysore (Teachers) constituency, the boundaries of which are by virtue of the provisions of sub-section (2) altered, shall, as from the appointed day, be deemed to have been elected to the said Council by that constituency as so altered. **23. Electoral rolls for modified Council constituencies.—As soon as may be after the appointed** day, the electoral rolls for the Mysore (Graduates) constituency and the Mysore (Teachers) constituency shall be revised and an electoral roll shall be prepared for the Chitaldrug-cum-Bellary (Local Authorities) constituency for the Mysore Legislative Council in accordance with the provisions of the Representation of the People Act, 1950 (43 of 1950), and the roll so revised or prepared shall come into force immediately upon their final publication in accordance with the rules made under that Act. MISCELLANEOUS **24. Revision of the Scheduled Castes and Scheduled Tribes Orders.—The Constitution** (Scheduled Castes) Order, 1950, and the Constitution (Scheduled Tribes) Order, 1950, shall have effect subject to the modifications directed by the Sixth Schedule. **25. Rules of Procedure of the Andhra Legislative Assembly.—The rules as to procedure and** conduct of business in force immediately before the appointed day with respect to the Legislative Assembly of the State of Madras shall, until rules are made under clause (1) of article 208, have effect in relation to the Legislative Assembly of the Andhra subject to such modifications and adaptations as may be made therein by the Speaker thereof. **26. Amendment of section 2, Act 43 of 1950.—Section 2 of the Representation of the People** Act, 1950, shall be renumbered as sub-section (1) of section 2 and to the said section as so renumbered, the following sub-section shall be added, namely:— “(2) Any reference in this Act to an order made under section 6, section 9 or section 11 shall, unless the context otherwise requires, be construed as including a reference to any such order as modified under section 12, section 20 or section 22, as the case may be, of the Andhra State Act, 1953.” **27. Amendment of section 9, Act 81 of 1952.—In sub-section (3) of section 9 of the** Delimitation Commission Act, 1952, for the words “and the orders made under either of the said Acts” the following shall be substituted, namely:— “the Andhra State Act, 1953, and the orders made under any of the said Acts.” PART IV HIGH COURTS **28. High Court for Andhra.—(1) As from the 1st day of January, 1956, or such earlier date as** may be appointed under sub-section (2), there shall be a separate High Court for the State of Andhra (hereinafter referred to as “the High Court of Andhra”). ----- (2) The President may, if a resolution recommending the establishment of a separate High Court for the State of Andhra has, after having been adopted by the Legislative Assembly of that State, been submitted to him, appoint, by notifications in the Official Gazette, a date earlier than the 1st day of January, 1956, for the purpose of sub-section (1). (3) The date mentioned in sub-section (1) or, if an earlier date is appointed under subsection (2), the date so appointed is hereinafter referred to as the “prescribed day.” (4) The principal seat of the High Court of Andhra shall be at such place as the Governor of Andhra may, before the prescribed day, by order, appoint: Provided that if a resolution recommending any place for such principal seat is adopted by the Legislative Assembly of Andhra, such place shall be appointed by the Governor as the principal Seat. **29. Judges of the Andhra High Court.—(1) Such of the Judges of the High Court at Madras** holding office immediately before the prescribed day as may be determined by the President shall on that day cease to be Judges of the High Court at Madras and become Judges of the High Court of Andhra. (2) The persons who by virtue of sub-section (1) become Judges of the High Court of Andhra shall, except in the case where any such person is appointed to be the Chief Justice of that High Court, rank in that Court according to the priority of their respective appointments as Judges of the High Court at Madras. (3) Any person who by virtue of sub-section (1) becomes a Judge of the High Court of Andhra shall, except in the case where a Judge other than the Chief Justice of the High Court at Madras is appointed to be the Chief Justice of the High Court of Andhra, continue to be entitled to receive in respect of time spent on actual service as a Judge of the High Court of Andhra the special pay which he was drawing immediately before the prescribed day under sub-paragraph (2) of paragraph 10 of the Second Schedule to the Constitution. **30. Jurisdiction of Andhra High Court.—The High Court of Andhra shall have, in respect of** the territories for the time being included in the State of Andhra, all such original, appellate and other jurisdiction as, under the law in force immediately before the prescribed day, is exercisable in respect of the said territories or any part thereof by the High Court at Madras. **31. Power to enrol advocates, etc.—(1) The High Court of Andhra shall have the like power to** approve, admit, enroll, remove and suspend advocates and attorneys and to make rules with respect to advocates and attorneys, as are, under the law in force immediately before the prescribed day, exercisable by the High Court at Madras. (2) The right of audience in the High Court of Andhra shall be regulated in accordance with the like principles as, immediately before the prescribed day, are in force with respect to the right of audience in the High Court at Madras: Provided that, subject to any rule made or direction given by the High Court of Andhra in the exercise of the powers conferred by this section, any person who immediately before the prescribed day is an advocate entitled to practice or an attorney entitled to act in the High Court at Madras shall be recognised as an advocate or an attorney entitled to practice or to act, as the case may be, in the High Court of Andhra. **32. Practice and procedure in Andhra High Court.—Subject to the provisions of this Part, the** law in force immediately before the prescribed day with respect to practice and procedure in the High Court at Madras shall, with the necessary modifications, apply in relation to the High Court of Andhra ----- and accordingly that High Court shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before the prescribed day exercisable by the High Court at Madras: Provided that any rules or orders which are in force immediately before the prescribed day with respect to practice and procedure in the High Court at Madras shall, until varied or revoked by rules or orders made by the High Court of Andhra apply with the necessary modifications in relation to practice and procedure in the High Court of Andhra as if made by that Court. **33. Custody of the Seal of the Andhra High Court.—The law in force immediately before the** prescribed day with respect to the custody of the Seal of the High Court at Madras shall, with the necessary modifications, apply with respect to the custody of the seal of the High Court of Andhra. **34. Form of writs and other processes.—The law in force immediately before the prescribed** day with respect to the form of writs and other processes used, issued or awarded by the High Court at Madras shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the High Court of Andhra. **35. Powers of Judges.—The law in force immediately before the prescribed day relating to the** powers of the Chief Justice, single Judges and Division Courts of the High Court at Madras and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the High Court of Andhra. **36. The place of sitting of the High Court.—The Judges and Division Courts of the High Court** of Andhra may sit at such place or places in the State of Andhra other than its principal seat as the Chief Justice may, with the approval of the Governor of Andhra, appoint. **37. Procedure as to appeals to the Supreme Court.—The law, in force immediately before the** prescribed day relating to appeals to the Supreme Court from the High Court at Madras and the Judges and Division Courts thereof shall with the necessary modifications, apply in relation to the High Court of Andhra. **38. Transfer of proceedings from Madras High Court to Andhra High Court.—(1) Except as** hereinafter provided, the High Court at Madras shall as from the prescribed day, have no jurisdiction in respect of the State of Andhra. (2) Such proceedings pending in the High Court at Madras immediately before the prescribed day as are certified, whether before or after that day by the Chief Justice of that High Court having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the High Court of Andhra shall as soon as may be after such certification be transferred to the High Court of Andhra. (3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 30, but save as hereinafter provided, the High Court at Madras shall have and the High Court of Andhra shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal including leave to appeal to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the High Court at Madras before the prescribed day: Provided that if after any such proceedings have been entertained by the High Court at Madras, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Andhra he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly. ----- (4) Any order made by the High Court at Madras— (a) before the prescribed day, in any proceedings transferred to the High Court of Andhra by virtue of sub-section (2), or (b) in any proceedings with respect to which the High Court at Madras retains jurisdiction by virtue of sub-section (3), shall for all purposes have effect, not only as an order of the High Court at Madras, but also as an order made by the High Court of Andhra. **39. Savings.—Nothing in this Part shall affect the application to the High Court of Andhra of any** provisions of the Constitution, and this Part shall have effect subject to any provision that may be made on or after the prescribed day with respect to that High Court by any Legislature of other authority having power to make such provision. **40. Transitional provisions.—(1) The provisions of this section shall have effect with respect to** the period beginning on the appointed day and ending immediately before the prescribed day. (2) The jurisdiction of the High Court at Madras shall extend to the State of Andhra, and the said High Court shall, in relation to the territories of that State, continue to have such jurisdiction as it had immediately before the appointed day. **41. High Court for the added areas of Mysore.—(1) Except as hereinafter provided—** (a) the jurisdiction of the High Court of Mysore shall, as from the appointed day, extend to the whole of the transferred territory, and (b) the High Court at Madras shall, as from that day, have no jurisdiction in respect of the transferred territory. (2) Such proceedings pending in the High Court at Madras immediately before the appointed day as are certified by the Chief Justice of that High Court having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the High Court of Mysore shall, as soon as may be after such certification, be transferred to the High Court of Mysore. (3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court at Madras shall have, and the High Court of Mysore shall, not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal including leave to appeal to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the High Court at Madras before the appointed day: Provided that if after any such proceedings have been entertained by the High Court at Madras, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Mysore he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. (4) Any order made by the High Court at Madras— (a) before the appointed day in any proceedings transferred to the High Court of Mysore by virtue of sub-section (2); or (b) in any proceedings with respect to which the High Court at Madras retains jurisdiction by virtue of sub-section (3). shall for all purposes have effect, not only as an order of the High Court at Madras, but also as an order made by the High Court of Mysore. ----- (5) Any person who immediately before the appointed day is an advocate entitled to practise or an attorney entitled to act in the High Court at Madras and was authorised to appear or to act in any proceedings transferred from that High Court to the High Court of Mysore under sub-section (2) or the proviso to sub-section (3) shall, on such transfer of the proceedings, have the right to appear or to act, as the case may be, in the High Court of Mysore in relation to those proceedings as an advocate or an attorney entitled to practise or to act in the High Court of Mysore. **42. Interpretation.—For the purposes of sections 38 and 41—** (a) proceedings shall be deemed to be pending in a Court until that Court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal including leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; (b) references to a High Court shall be construed as including references to a Judge or Division Court thereof, and references to an order made by a Court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that Court or Judge. PART V FINANCIAL PROVISIONS **43. Authorisation of expenditure pending its sanction by Legislature.—(1) The Governor of** Madras may, at any time before the appointed day, authorise such expenditure from the Consolidated Fund of the State of Andhra and the Consolidated Fund of the State of Madras as he deems necessary for a period of not more than four months beginning with the appointed day pending the sanction of such expenditure by the Legislature of the State of Andhra or the State of Madras, as the case may be: Provided that the Governor of Andhra may, after the appointed day, authorise such further expenditure as he deems necessary from the Consolidated Fund of the State of Andhra for any period not extending beyond the said period of four months. (2) Rajpramukh of Mysore may also, at any time before the appointed day authorise such expenditure from the Consolidated Fund of the State of Mysore as he deems necessary for meeting the additional expenditure in respect of the transferred territory for a period of not more than four months beginning with the appointed day pending the sanction of such expenditure by the Legislature of the State. **44. Vote on account by the Madras Legislative Assembly.—Any grant made by the Legislative** Assembly of Madras under sub-clause (a) of clause (1) of article 206 in respect of the estimated expenditure for a part of the financial year 1953-54 and the law made by the Legislature of that State authorising the withdrawal of moneys from the Consolidated Fund of the State for the purposes for which the said grant has been made shall, notwithstanding that the procedure prescribed in article 203 for the voting of such grant has not been completed and the law in accordance with the provisions of article 204 in relation to such expenditure has not been passed before the appointed day, be deemed to be sufficient authority for all expenditure incurred before that day for the purposes for which the said grant has been made and for the withdrawal of moneys before that day from the Consolidated Fund of the State in relation to such expenditure. **45. Authorisation under the Madras Appropriation Act to cease.—As from the appointed day,** any Act passed by the Legislature of Madras before that day for the appropriation of any money out of the Consolidated Fund of the State to meet any expenditure in respect of any part of the financial year 1953-34 shall cease to have effect. ----- **46. Reports relating to the accounts of Madras State.—The reports of the Comptroller and** Auditor-General of India referred to in clause (2) of article 151 relating to the accounts of the State of Madras in respect of any period prior to the appointed day shall be submitted to the Governor of each of the States of Andhra and Madras who shall cause them to be laid before the Legislature of the State. **47. Apportionment of assets and liabilities.—(1) Subject to the other provisions of this Part, the** assets and liabilities of the State of Madras immediately before the appointed day shall be apportioned between that State and the States of Andhra and Mysore in accordance with the provisions contained in the Seventh Schedule. (2) Any dispute relating to, or arising out of, such apportionment shall be referred to the President whose decision shall be final. **48. Contracts.—(1) Where before the appointed day the State of Madras had made any contract** in the exercise of the executive power of that State for any purposes of the State, then such contract shall— (a) if such purposes are as from that day— (i) exclusively purposes of the State of Andhra, or (ii) partly purposes of the State of Andhra and partly purposes of the State of Mysore and not purposes of the State of Madras as constituted on the appointed day, be deemed to have been made in the exercise of the executive power of the State of Andhra instead of the State of Madras; (b) if such purposes are as from that day exclusively purposes of the State of Mysore, be deemed to have been made in the exercise of the executive power of that State instead of the State of Madras; and (c) in any other case, continue to have effect as having been made in the exercise of the executive power of the State of Madras; and all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the State of Madras as constituted immediately before the appointed day, be rights or liabilities of the State of Andhra, the State of Mysore or the State of Madras, as the case may be. (2) For the purposes of this section there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract— (a) any liability to satisfy an order or award made by any Court or other tribunal in proceedings relating to the contract; and (b) any liability in respect of expenses incurred in or in connection with any such proceedings. (3) This section shall have effect subject to the provisions relating to apportionment of liabilities in respect of loans, guarantees and other financial obligations contained in the Seventh schedule; and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under the said provisions. **49. Liability in respect of actionable wrongs.—Where immediately before the appointed day,** the State of Madras is subject to any liability in respect of an actionable wrong other than breach of contract, that liability shall,— (a) where the cause of action arose— (i) wholly within the territories which as from that day are the territories of the State of Andhra, or ----- (ii) partly within the territories which as from that day are the territories of the State of Andhra and partly within the transferred territory but not within any part of the territories which as from that day are the territories of the State of Madras, be a liability of the State of Andhra; (b) where the cause of action arose wholly within the transferred territory, be a liability of the State of Mysore; and (c) in any other case, continue to be a liability of the State of Madras. **50. Liability as guarantor.—If immediately before the appointed day, the State of Madras is** liable as guarantor in respect of any liability of a Co-operative Society which is registered under the Madras Co-operative Societies Act, 1932 (6 of 1932) and whose area of operations is limited to the whole or any part of the territories which on the appointed day become the territories of the State of Andhra then as from that day the said liability of the State of Madras in respect of such guarantee shall be a liability of the State of Andhra. **51. Power of President to order allocation or adjustment in certain cases.—Where by virtue** of any of the provisions of sections 47 to 50 or of the Seventh Schedule, any of the States of Madras, Andhra and Mysore becomes entitled to any property or obtains any other benefits or becomes subject to any liability, and the President is of opinion, on a reference made within a period of three years from the appointed day, by any State concerned, that it is just and equitable that that property or those benefits should be transferred to or shared with one or both of the other States, or a contribution towards that liability should be made by one or both of the other States, the said property or benefits shall be allocated in such manner, or the other State or States shall make to the State primarily subject to the liability such contribution in respect thereof, as the President may after consultation with the State Governments concerned, by order determine. **52. Certain expenditure to be charged on the Consolidated Fund of the State.—All sums** payable by any of the States of Madras, Andhra and Mysore to any one of the other two States or to the Central Government by virtue of the provisions of paragraph 12 or paragraph 17 of the Seventh Schedule, shall be charged on the Consolidated Fund of the State by which such sums are payable. PART VI LEGAL PROVISIONS **53. Territorial extent of laws.—The provisions of Part II shall not be deemed to have effect any** change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the State of Madras or of Mysore shall, until otherwise provided by a competent Legislature or other competent authority, continue to have the same meaning. **54. Power to adapt law.—For the purpose of facilitating the application in relation to the State of** Andhra, Madras or Mysore of any law made before the appointed day, the appropriate Government may, before the 1st day of April, 1954, by order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority. _Explanation.—In this section, the expression “appropriate Government” means as respects a law_ relating to a matter enumerated in List I of the Seventh Schedule to the Constitution, the Central Government, and as respects any other law, the State Government of Andhra, Madras or Mysore, as the case may be. **55. Power to construe laws.—Notwithstanding that no provision or insufficient provision has** been made under section 54 of the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the State of Andhra, Madras or Mysore, construe the law with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the Court, tribunal or authority, as the case may be. ----- **56. Power to name authorities, etc., for exercising statutory functions.—The Governor as** respects the State of Andhra and the Rajpramukh as respects the transferred territory may, by notification in the Official Gazette, specify the authority, officer or person who as from the appointed day shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly. **57. Legal proceedings concerned the State of Madras.—Where, immediately before the** appointed day, the State of Madras is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment between the State of Madras and the States of Andhra and Mysore under this Act, the State which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this Act shall be deemed to be substituted for the State of Madras as a party to those proceedings or to be added as a party thereto, as the case may be, and the proceedings may continue accordingly. **58. Provisions as to certain pending proceedings.—(1) Every proceeding pending immediately** before the appointed day before a Court (other than the High Court), tribunal, authority or officer— (a) in any area which on that day falls within the State of Madras or the transferred territory shall, if it is a proceeding relating exclusively to any part of the territories which as from that day are the territories of the State of Andhra, stand transferred to the corresponding court, tribunal, authority or officer in the State of Andhra, or (b) in any area which on that day falls within the State of Madras or the State of Andhra shall, if it is a proceeding relating exclusively to any part of the transferred territory, stand transferred to the corresponding court, tribunal, authority or officer in the State of Mysore. (2) If any question arises as to whether any proceeding shall stand transferred under sub-section (1), it shall be referred for the decision of the Chief Justice of the High Court at Madras and his decision shall be final. (3) In this section— (a) “proceeding” includes any suit, case or appeal, and (b) “corresponding court, tribunal, authority or officer” in relation to a State means— (i) the court, tribunal authority or officer in which the proceeding would have lain if the proceeding had been instituted after the appointed day, or (ii) in case of doubt, such court, tribunal, authority or officer in the State as may be determined, before the appointed day by the Governor of Madras, and after the appointed day by the Governor or Rajpramukh of that State, to be the corresponding court, tribunal, authority or officer. PART VII ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS **59. Provisions for detention in and power to commit to, certain jails and other** **institutions.—(1) The Government of Madras and the Government of Mysore shall, for a period of** five years from the appointed day, make available to the Government of Andhra the jails and other institutions specified in Part I and Part II respectively of the Eighth Schedule for the reception and detention of persons committed to, or ordered to be detained in, such jails or institutions by any court, tribunal or other authority in the State of Andhra. ----- (2) It shall be competent for a court, tribunal or other authority in the State of Andhra to order the commitment to, or detention in, any of the jails and other institutions specified in the Eighth Schedule during the period referred to in sub-section (1) of persons convicted and sentenced, or ordered to be detained therein, by such court, tribunal or other authority notwithstanding that such jail or institution is outside the State. (3) The terms and conditions subject to which the jails and other institutions specified in the Eighth Schedule shall be used by the Government of Andhra for the purposes referred to in subsection (1) shall be such as may be agreed upon between the Governments concerned by the 1st day of January, 1954, or, if no agreement is reached by the said date, as may be fixed by order of the President. **60. Continuance of facilities in certain State institutions.—The Government of Madras and the** Government of Mysore, in respect of the institutions specified in Part I and Part II, respectively, of the Ninth Schedule shall provide for the Government and the people of the State of Andhra such facilities, for such period and upon such terms and conditions as may be agreed upon between the Governments concerned by the 1st day of January, 1954, or, if no agreement is reached by the said date, as may be fixed by order of the President. **61. Provisions relating to the Indian Administrative Service and the Indian Police Service.—** (1) In place of the cadres of the Indian Administrative Service and the Indian Police Service existing in the State of Madras immediately before the appointed day, there shall, as from that day, be two separate cadres, one for the State of Andhra and the other for the State of Madras, in respect of each of the Services. (2) The President shall, by order, determine the strength and composition of, and the allocation of individual officers, to the said cadres for each of the States of Andhra and Madras. (3) Every officer allocated under sub-section (2) to the cadre for the State of Andhra who immediately before the appointed day is serving in connection with the affairs of the State of Madras shall,— (a) if immediately before the appointed day he is holding any post in any area which on that day falls in the State of Andhra, be as from that day, deemed to have been duly appointed to that post by the Government of Andhra; and (b) if immediately before the appointed day he is not holding any post in any such area, be appointed by the Government of Andhra to a post in connection with the affairs of that State. **62. Provisions relating to the Indian Civil Service, the Indian Police, the Indian Service of** **Engineers and the Indian Forest Service.—(1) In respect of the members borne on the Madras** cadre of the Services known as the Indian Civil Service, the Indian Police, the Indian Service of Engineers and the Indian Forest Service, the President shall, by order, determine the allocation of individual officers to the States of Andhra and Madras. (2) Every officer allocated under sub-section (1) to the State of Andhra, who immediately before the appointed day, is serving in connection with the affairs of the State of Madras shall— (a) if, immediately before the appointed day, he is holding any post in any area which on that day falls in the State of Andhra, be deemed, as from that day, to have been duly appointed to that post by the Government of Andhra; and (b) if, immediately before the appointed day, he is not holding any post in any such area, be appointed by the Government of Andhra to a post in connection with the affairs of that State. ----- **63. Provisions relating to other Services.—(1) The President may by general order require all** persons who immediately before the appointed day are serving in connection with the affairs of the State of Madras in the territories specified in sub-section (1) of section 3 or in the transferred territory and who under the terms of their appointments or their conditions of service are not normally liable to be transferred outside the said territories or territory in which they are serving, to serve as from the appointed day in connection with the affairs of the State of Andhra or the State of Mysore, as the case may be, and all allocations so made by the President shall be final. (2) The President may by special order require any person who is serving immediately before the appointed day in connection with the affairs of the State of Madras and to whom the provisions of sub-section (1) do not apply, to serve in connection with the affairs of the State of Andhra. (3) Every person who is required to serve under sub-section (1) or sub-section (2) in connection with the affairs of the State of Andhra or the State of Mysore shall,— (a) if immediately before the appointed day he is holding any post in connection with the affairs of the State of Madras in any area which on that day falls in the State in which he is so required to serve, be deemed as from that day to have been duly appointed to that post by the Government of, or by other appropriate authority in the State concerned in connection with the affairs of that State; and (b) if immediately before the appointed day he is not holding any post in any such area, be appointed by the Government of, or by other appropriate authority in, the State concerned, to a post in connection with the affairs of that State. (4) All persons who are required by the President under sub-section (2) to serve in connection with the affairs of the State of Andhra shall be classified by him into the following two categories, namely:— (i) officers whose allocation to the State of Andhra is final (hereinafter referred to in this section as “allotted officers”), and (ii) officers required by the President to serve in connection with the affairs of the State of Andhra for a limited period as provided in sub-section (5) (hereinafter referred to in this section as “transferred officers”). (5) The period for which a transferred officer may be required to serve in connection with the affairs of the State of Andhra shall be two years: Provided that the Government of Andhra may return any such officer to the State of Madras at any time before the expiration of the said period after giving three months' notice to him and to the Government of Madras. (6) An officer shall be classified under sub-section (4) as an allotted officer or a transferred officer according as he is, or is not, in the opinion of the President, suitable for final allotment to the State of Andhra. (7) A transferred officer shall, during the period he is required to serve in connection with the affairs of the State of Andhra,— (a) continue to be in the service of the State of Madras and be deemed to be on deputation to the State of Andhra, and (b) be entitled in addition to the remuneration which he would have drawn if he had continued during such period to serve in connection with the affairs of the State of Madras, to such allowances as the President may by general or special order determine. (8) A transferred officer shall not be dismissed, removed or reduced in rank except with the previous concurrence of the Government of Madras, and if the Government of Madras does not concur in any such proposal of the Government of Andhra, then the Government of Andhra shall notwithstanding anything contained in sub-section (5) return the officer concerned to the State of Madras. ----- (9) Subject to the provisions of sub-sections (7) and (8), the conditions of service of a transferred officer shall be the same as they would have been if he had continued to serve in connection with the affairs of the State of Madras during the period he is required to serve in connection with the affairs of the State of Andhra. (10) The foregoing provisions of this section shall not apply in relation to any person to whom the provisions of section 61 or section 62 apply. **64. Power of President to give directions.—The President may give such directions to the States** of Madras, Andhra and Mysore as may appear to him to be necessary for the purpose of giving effect to the provisions of sections 61, 62 and 63 and ensuring the proper division of services among those States. **65. Report of the Madras Public Service Commission.—The report of the Madras Public** Service Commission as to the work done by the Commission in respect of any period prior to the appointed day shall be presented under clause (2) of Article 323 to the Governors of Andhra and Madras, and the Governor of Madras shall on receipt of such report cause a copy thereof together with a memorandum explaining, as far as possible, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State of Madras and it shall not be necessary to cause such report or any such memorandum to be laid before the Legislative Assembly of the State of Andhra. **66. Special provisions with regard to Tungabhadra Project.—(1) Notwithstanding anything** contained in this Act but subject to the provisions of paragraph 12 of the Seventh Schedule, all rights and liabilities of the State of Madras in relation to Tungabhadra Project or the administration thereof shall, on the appointed day, be the rights and liabilities of the States of Andhra and Mysore subject to such adjustments as may be made by agreement entered into by the said States after consultation with the President or if no such agreement is entered into within two years from the appointed day, as the President may by order determine having due regard to the purposes of the Project, and any such order may provide for the management of the Project jointly by the said States or otherwise: Provided that the order so made by the President may be varied by any subsequent agreement entered into by the States of Andhra and Mysore. (2)An agreement or order referred to in sub-section (1) shall, if there has been an extension or further development of the Project after the appointed day, provide also for the rights and liabilities of the States of Andhra and Mysore in relation to such extension or further development. (3)The rights and liabilities referred to in sub-sections (1) and (2) shall include— (a) the rights to receive and to utilise water which may be available for distribution as a result of the Project, (b) the rights to receive and to utilise the power generated as a result of the Project. (c) the rights and liabilities in respect of the administration of the Project and the construction, maintenance and operation thereof, but shall not include the rights and liabilities under any contract entered into before the appointed day by the Government of Madras with any person other than Government. (4) The President may from time to time give such directions as may appear to him to be necessary generally in regard to any of the matters specified in the foregoing provisions of this section and, in particular, for the completion of the Project and its operation and maintenance thereafter: ----- Provided that no such direction shall be issued or have effect after an agreement has been entered into by the States of Andhra and Mysore under sub-section (1) or after an order has been made by the President under that sub-section, whichever is earlier. (5) In this section, the expression “Tungabhadra Project” or “the Project” means the project agreed to between the Government of Madras and the Government of Hyderabad before the appointed day and, so far as the State of Madras is concerned, intended for the supply and distribution of water from the Tungabhadra river by means of high-level and low level canals to the districts of Bellary, Anantapur, Cuddapah and Kurnool, and for the generation of electric energy, both hydro-electric and thermal, and its transmission and distribution to the said districts and includes any extension or further development after that day of that Project for the said purposes. **67. Allowances and privileges of the Governor of Andnra.—The allowances and privileges of** the Governor of Andhra shall, until provision in that behalf is made by Parliament by law under clause (3) of article 158, be such as the President may, by order, determine. **68. Effect of provisions of the Act inconsistent with other laws.—The provisions of this Act** shall have effect notwithstanding anything inconsistent therewith contained in any other law. **69. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of** this Act, the President may by order do anything not inconsistent with such provisions which appear to him to be necessary or expedient for the purpose of removing the difficulty. ----- THE FIRST SCHEDULE (See sections 8 and 10) PART I _Andhra Members of the Council of States._ Members whose term of office expires on the 2nd April, 1958. 1. Sri Punchalapalli Sundarayya. 2. Sri PydahVenkatanarayana. 3. Sri G. Ranganayakulu alias N. G. Ranga. Members whose term of office expires on the 2nd April, 1956. 4. Sri Kommareddi Suryanarayana. 5. Sri S. Sambhu Prasad. Members whose term of office expires on the 2nd April, 1954. 6. Sri Kotamraju Rama Rao. 7. Sri Makkineni Basavapunnaiah. 8. Sri Neelam Sanjiva Reddy. 9. Sri K. N. Rahimatullah. PART II _Madras Members of the Council of States_ Members whose term of office expires on the 2nd April, 1958. 1. Sri T. Bhaskar Rao. 2. Sri M. Mohamed Ismail. 3. Sri K. L. Narasimham. 4. Sri G. Rajagopalan. 5. Sri H. D. Rajah. 6. Sri V. M. Surendra Ram. Members whose term of office expires on the 2nd April, 1956. 7. Sri B. V. Kakkilaya. 8. Sri V. K. Krishna Menon. 9. Sri Srimati Mona Hensman. 10. Sri V. M. Obaidullah Sahib. 11. Sri T. S. Pattabiraman. 12. Sri A. Ramaswami Mudaliar. 13. Sri S. Venkataraman. ----- Members whose term of office expires on the 2nd April, 1954. 14. Sri Ezhukuttikkal Imbichi Bava. 15. Sri S. Guruswami. 16. Sri P. S. Rajagopal Naidu. 17. Sri K. Sadananda Hegde 18. Sri T. V. Kamalaswamy. ----- THE SECOND SCHEDULE (See section 12) I. MODIFICATIONS IN THE DELIMITATION OF PARLIAMENTARY AND ASSEMBLY CONSTITUENCIES (MADRAS) ORDER, 1951 1. In paragraph 1, for “Madras” substitute “Andhra and Madras”. 2. In paragraph 2, for “the State of Madras” substitute “each of the States of Andhra and Madras”. 3. In Table A,— (a) above the entry relating to Pathapatnam constituency insert the sub-heading “Part I Andhra”; (b) for the entry in column 2 relating to Nandyal constituency, substitute “The Nandyal, Nandikotkur, Markapur, Cumbum, sirvel and Koilkuntla taluks of the Kurnool District”; (c) for the entry in column 2 relating to Kurnool constituency, substitute “The Kurnool, Dhone, Pattikonda,Alur and Adonitaluks and Banganapalle sub-taluk of the Kurnool District”; (d) omit the entry relating to Bellary constituency; (e) for the entry in column 2 relating to Anantapur constituency, substitute “The Gooty, Kalyandrug, Tadpatri, Rayadrug and Anantapurtaluks (excluding Bukkacherlafirka of the Anantapurtaluk) of the Anantapur district”; (f) for the entry in column 2 relating to Penukonda constituency, substitute “The Bukkacherlafirka of the Anantapurtaluk, and the Dharmavaram, Penukonda, Madakasira, Hindupur and Kadiritaluks of the Anantapur District”; and (g) above the entry relating to Madras constituency, insert the sub-heading “Part II—Madras”. 4. In Table B,— (a) above the sub-heading “Srikakulam District” insert the sub-heading “PART I— ANDHRA”. (b) after the entry relating to Kurnool constituency, insert the following entry, namely:— **“Adoni The Alur and Adonitaluks 2 1 ….”.** (c)after the entry relating to Anantapur constituency, insert the following entry, namely:— “Rayadrug The Rayadrug taluk 1….”; (d) omit the sub-heading “Bellary District” and all entries relating to Adoni, Siruguppa, Bellary, Rayadrug, Hospet, Kudligi and Harpanahalli constituencies thereunder; and (e) above the sub-heading, “Madras City” insert the sub-heading “PART II- MADRAS”. 5. In the Appendix, omit the whole of item (14). II. MODIFICATIONS IN THE DELIMITATION OF PARLIAMENTARY AND ASSEMBLY CONSTITUENCIES (MYSORE) ORDER, 1951 1. In Table A, add the following entry at the end, namely:— “Bellary The Bellary district 1” ----- 2. In Table B, add the following entries at the end, namely:— “Bellary District Bellary The Bellary taluk 1 — Siruguppa The Siruguppataluk 1 — Hospet The Hospet and Sandurtaluks 1 — The Kudligi taluk the Chigateri firka Kudligi 1 — of the Harpanahalli taluk, and the Ittigi firka (excluding Hampasagara Yenigi, Bannical, Yenigi Basapur, G. Kodhihalli, Kodlabal, Byasigideri, Hagaribomma-nahalli and Chintrapalli villages) of the Hadagalli taluk. Harpanahalli The Harpanahalli, Arsikere and 1 — Teligi firkas of the Harpanahalli taluk; and the Hirehadagalli, Hadagalli, and Tambarahalli firkas and Hampasagara Yenigi, Bannical, Yenigi Basapur, G. Kodihalli, Kodlabal, Byasigideri, Hagari bommanahalli and Chint-rapalli villages of Ittigi, firka of the Hadagalli taluk.” ----- THE THIRD SCHEDULE (See section 20) MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES (MADRAS) ORDER, 1951 In the Table— (a) for the sub-heading “Graduates' Constituencies” substitute “Graduates' Constituency”; (b) omit the entry relating to the Madras North (Graduates) Constituency; (c) in column 1 for “Madras South (Graduates)” substitute “Madras (Graduates)”; (d) for the sub-heading “Teachers' constituencies” substitute 'Teachers' Constituency”; (e) omit the entry relating to the Madras North (Teachers) Constituency; (f) in column 1, for “Madras South (Teachers)” substitute “Madras (Teachers)”; and (g) omit the entries relating to the following Local Authorities' Constituencies: (i) Srikakulam-cum-Visakhapatnam cum-East Godavari (Local Authorities); (ii) West Godavari-cum-Krishna-cuin-Guntur (Local Authorities); (iii) Nellore-cum-Chittoor (Local Authorities); and (iv) Ceded Districts (Local Authorities). ----- THE FOURTH SCHEDULE (See section 21) LIST OF MEMBERS OF THE MADRAS LEGISLATIVE COUNCIL (a) Elected by Local Authorities’ constituencies 1. Sri Rangaswami Naidu ….20th April, 1958 2. Sri K. N. Palaniswami Goundar ….20th April, 1958 3. Sri P. B. K. Thiagaraja Reddiar ….20th April, 1958 4. Sri A. Somasundarm ….20th April, 1956 5. Sri C. Marudavanam Pillai ….20th April, 1956 6. Sri Abdul Salam ….20th April, 1956 7. Sri S. O. Sp. Odayappa ….20th April, 1956 8. Sri P. Sivasubramania Nadar ….20th April, 1956 9. Sri T. S. Sankaranarayana Pillai ….20th April, 1956 10. Sri C. Perumalswamy Reddy ….20th April, 1954 11. Sri Nathamani Naidu ….20th April, 1954 12. Sri Purushothaman ….20th April, 1954 13. Sri S. Narasappayya ….20th April, 1954 14. Sri Thurutheelakath Thottinakara Puthia Purayil Kunnhipocker ….20th April, 1954 (b) Elected by the Madras (Graduates) constituency 15. Sri A. Lakshmanaswami Mudaliar ….20th April, 1958 16. Sri P. V. Cherian ….20th April, 1958 17. Sri K. Balasubramania Iyer ….20th April, 1956 18. Sri R. Bhashyam ….20th April, 1956 (c) Elected by the Madras (Teachers) constituency 19. Sri V. R. Ranganathan ….20th April, 1956 20. Sri Alexander Gnanamuthu ….20th April, 1956 21. Sri G. Krishnamurthi ….20th April, 1954 22. Sri E. H. Parameswaran ….20th April, 1954 ----- (d) Elected by the Madras Legislative Assembly 23. Sri T. M. Narayanaswami Pillai ….20th April, 1958 24. Sri B. V. Subrahmanyam ….20th April, 1958 25. Sri M. Bhaktavatsalam ….20th April, 1958 26. Sri V. Chakkarai Chetty ….20th April, 1958 27. Sri V. G. Rao ….20th April, 1958 28. Sri S. B. Adityan ….20th April, 1956 29. Sri M. P. Govinda Menon ….20th April, 1956 30. Sri S. Srinivasa Rao ….20th April, 1956 31. Sri Arcot Gajapathi Nayagar ….20th April, 1956 32. Sri N. Nallasenapathi Sarkarai Manradiar ….20th April, 1956 33. Sri Mohammad Raza Khan ….20th April, 1956 34. Sri A. M. Alla Pichai ….20th April, 1956 35. Sri M. Ethirajulu ….20th April, 1956 36. Sri N. Annamalai Pillai ….20th April, 1954 37. Srimati Manjubhashini ….20th April, 1954 38. Sri V. K. John ….20th April, 1954 39. Sri T. G. Krishnamoorthi ….20th April, 1954 40. Sri M. P. Sivagnana Gramani ….20th April, 1954 (e) Nominated by the Governor 41. Sri V. Bhashyam Ayyangar ….20th April, 1958 42. Sri O. P. Ramaswamy Reddiar ….20th April, 1958 43. Srimati R. S. Subbulakshmi Ammal ….20th April, 1958 44. Sri Chakravarthi Rajagopalachari ….20th April, 1956 45. Sri T. M. Daivasikhamani Achariar ….20th April, 1956 46. Sri G. Venkatachalam ….20th April, 1956 47. Sri M. Satyanarayana ….20th April, 1956 48. Sri Muhammad Usman ….20th April, 1954 49. Dr. S. Muthulakshmi Reddi ….20th April, 1954 50. Sri P. M. Marthandam Pillai ….20th April, 1954 51. Mrs. M. N. Clubwala ….20th April, 1954 ----- PROVISIONS FOR DETERMINING THE TERMS OF OFFICE OF MEMBERS 1. Except as provided in the succeeding paragraphs the term of office of every member shall expire on the date specified against his name in the above list. 2. The term of office of— (a) One of the six members specified against serial numbers 4 to 9, (b) One of the two members specified against serial numbers 19 and 20, and (c) Two of the eight members specified against serial numbers 28 to 35, shall be increased so as to expire on the 20th April, 1958. 3. The term of office of one of the four members specified against serial Nos. 44 to 47 shall be reduced so as to expire on the 20th April, 1954. 4. The members whose terms of office are to be increased under paragraph 2 and the member whose term of office is to be reduced under paragraph 3 shall be determined as soon as may be after the appointed day by lot drawn in such manner as the Chairman of the Legislative Council of Madras may direct. ----- THE FIFTH SCHEDULE (See section 22) MODIFICATION IN THE DELIMITATION OF COUNCIL CONSTITUENCIES (MYSORE) ORDER, 1951 In the Table, for the entry relating to the Chitaldrug (Local Authorities) constituency, substitute the following:— “Chitaldrug-cum-Bellary Chitaldrug District (including Davangere City) 2.” (Local Authorities). and Bellary District. ----- THE SIXTH SCHEDULE (See section 24) I.—MODIFICATIONS IN THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950 1. For paragraph 4, substitute the following:— “4. Any reference in the Schedule to this order— (a) to the State of Madras, Andhra or Mysore or to a district or other territorial division of any of these States shall be construed as a reference to that State or to that district or other territorial division as constituted on the 1st day of October, 1953; and (b) to any other State or to a district or other territorial Division thereof shall be construed as a reference to that state or to that district or other territorial division as constituted on the 26th day of January, 1950.” 2. In the Schedule— (a) for the sub-heading “Part V—Madras” and for the words “Throughout the State” thereunder, substitute “Part V—Madras and Andhra” and “Throughout each of the States” respectively; (b) for the entry under the sub-heading “Part XII—Mysore” substitute the following:— “1. Throughout the State except in Bellary district;— 1. Adidravida 2. Adikarnataka 3. Banjara or Lambani 4. Bhovi 5. Koracha 6. Korama 2. In Bellary district:— 1. Adi Andhra 2. Adi Dravida 3. Adikarnataka 4. Ajila 5. Arunthathiyar 6. Baira 7. Bakuda 8. Bandi 9. Bariki 10. Bavuri 11. Bellara ----- 12. Byagari 13. Chachati 14. Chakkiliyan 15. Chalavadi 16. Chamar 17. Chandala 18. Cheruman 19. Dandasi 20. Devendrakulathan 21. Dom or Dombara, Paidi, Pano 22. Ghasi or Haddi, Relli Sachandi 23. Godagali 24. Godari 25. Godda 26. Gosangi 27. Hasla 28. Holeya 29. Jaggali 30. Jambuvulu 31. Kadan 32. Kalladi 33. Kanakkan 34. Karimpalan 35. Kodalo 36. Koosa 37. Koraga 38. Kudubi 39. Kudumban 40. Kuravan 41. Kurichchan 42. Madari 43. Madiga ----- 44. Maila 45. Mala (including Agency Malas) 46. Mala Dasu 47. Malasar 48. Matangi 49. Mavilan 50. Moger 51. Muchi 52. Mundala 53. Nalakeyava 54. Nayadi 55. Pagadai 56. Painda 57. Paky 58. Pallan 59. Pambada 60. Pamidi 61. Panan 62. Panchama 63. Panniandi 64. Paraiyan 65. Paravan 66. Pulayan 67. Puthirai Vannan 68. Raneyar 69. Samagara 70. Samban 71. Sapari 72. Semman 73. Thoti 74. Tiruvalluvar 75. Valluvan 76. Valmiki 77. Vettuvan”. ----- II. MODIFICATIONS IN THE CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950 1. For paragraph 3, substitute the following:— “3. Any reference in the Schedule to this order— (a) to the State of Madras, Andhra or Mysore or to a district or other territorial division of any of these States shall be construed as a reference to that State or to that district or other territorial division as constituted on the 1st day of October, 1953; and (b) to any other State or to a district or other territorial Division thereof shall be construed as a reference to that state or to that district or other territorial division as constituted on the 26th day of January, 1950.” 2. In the Schedule— (a) for the sub-heading “Part V—Madras” and for the words “Throughout the State” thereunder, substitute “Part V—Madras and Andhra” and “Throughout each of the States” respectively: (b) for the entry under the sub-heading “Part XII—Mysore” substitute the following:— “1. Throughout the State except in Bellary district:— 1. Hasalaru 2. Iruliga 3. Jenu Kuruba 4. Kadu-Kuruba 5. Maleru 6. Soligaru 2. In Bellary district:— 1. Aranadan 2. Bagala 3. Bhottadas—Bodo Bhottada, Muria Bhottada and Sano Bhottada 4. Bhumias—Bhuri Bhumia and Bodo Bhumia 5. Chenchu 6. Gadabas—Boda Gadaba, Cerllam Gadaba, Franji Gadaba, Jodia Gadaba, Olaro Gadaba, Pangi Gadaba and Pranga Gadaba 7. Gondi—Modya Gond and Rajo Gond 8. Goudus-Bato, Bhirithya Dudhokouria, Hato, Jatako and Joria 9. Kosalya Goudus—Bosothoriya Goudus, Chitti Goudus, Dangayath Goudus, Dodd Kamariya, Dudu Kamaro, Ladiya Goudus and Pullosoriya Goudus 10. Magatha Goudus—Bernia Goudu, Boodo Magatha, Dongayath Goudu, Ladya Goudu, Ponna Magatha and Sana Magatha. 11. Holva ----- 12. Jadapus 13. Jatapus 14. Kammara 15. Kattunayakan 16. Khattis-Khatti, Kommarao and Lohara 17. Kodu 18. Kommar 19. Konda Dhoras 20. Konda Kapus 21. Kondareddis 22. Kondhs—Desaya Kondhs, Dongria Kondhs, Kuttiya Kondhs, Tikiria Kondhs and Yenity Kondhs 23. Kota 24. Kotia—Bartika Bentho Oriya, Dhulia or Dulia, Holva Paiko, Putiya, Sanrona and Sidho Paiko 25. Koya or Goud, with its sub-sects—Raja or Rasha Koyas, Lingadhari Koyas (ordinary) and Kottu Koyas 26. Kudiya 27. Kurumans 28. Manna Dhora 29. Maune 30. Mukha Dhora—Nooka Dhora 31. Muria 32. Paigarapu 33. Palasi 34. Paniyan 35. Porjas—Bodo Bonda, Daruva, Didua, Jodia, Mundili, Pengu Pydi and Saliya 36. Reddi Dhoras 37. Savaras—Kapu Savaras, Khutto Savaras and Maliya Savaras 38. Sholaga 39. Toda 40. Inhabitants of the Laccadive, Minicoy and Amindivi “Islands who, and both of whose parents, were born in these Islands.” ----- THE SEVENTH SCHEDULE [See sections 47(1), 48(3), 51, 52 and 66(1)] PROVISIONSAS TO APPORTIONMENT OF ASSETS AND LIABILITIES BETWEEN MADRAS, ANDHRA AND MYSORE 1. (1) Subject to the other provisions of this Schedule, all land and all stores, articles and other goods shall remain the property of, or as the case may be, pass to, the State in which they are situated. (2) In this paragraph, the expression “land” includes immovable property of every kind and any rights in or over such property, and the expression “goods” does not include coins, bank notes and currency notes. 2. (1) A sum equivalent to the proceeds of any public loan raised by the Government of Madras between the 1st day of July, 1953 and the appointed day, or such portion thereof as the President may determine, shall be allocated between the States of Madras and Andhra in such proportion as may be fixed by the President having regard to the terms on which the loan was raised. (2) Subject to the provisions of sub-paragraph (1) of this paragraph, the total of the cash balances in all treasuries of the State of Madras and the credit balances with the Reserve Bank of India immediately before the appointed day shall be divided between the States of Madras, Andhra and Mysore in the proportion of 62⅔: 36 : 1⅓. Provided that for the purpose of such division there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the credit balances of the three States in the books of the Reserve Bank of India on the appointed day. _Explanation.—In this paragraph “treasury” includes a sub-treasury._ 3. Any unissued stores of any class shall be divided between the States of Madras, Andhra and Mysore in proportion to the total indents for stores of that class made in the three years immediately preceding the 1st day of April, 1953, for the areas respectively comprised in the States of Madras and Andhra and the transferred territory excluding the indents relating to the Secretariat and offices of Heads of Departments located in the City of Madras: Provided that nothing in this paragraph shall apply to stores held for specific purposes, such as, for the use or utilisation in particular institutions, workshops and electrical undertakings or on specific works under construction. 4. The State of Andhra shall be entitled to 36/100th share of the printing machinery in the Government Press at Madras. This share shall, as far as practicable, be given to that State in the form of machinery which can be removed and utilised by it, and to the extent to which this is not practicable, an adjustment shall be made in cash on the basis of the book value of the machinery less depreciation where such depreciation is adjusted in the accounts of the Press. 5. The right to recover arrears of taxes including land revenue shall belong to the State in which the taxed property is situate or the taxed transactions took place. 6. (1) The right to recover any loans or advances made before the appointed day by the State of Madras to any local body (other than the District Board of Bellary), society, agriculturist or other person in an area within the State shall belong to the State in which that area is included on the appointed day. (2) If immediately before the appointed day any sums are due from the District Board of Bellary to the State of Madras on account of loans or advances made before that day, such part thereof as is ----- due on account of any loan or advance utilised in or for the benefit of Alur and Adonitaluks, or, in or for the benefit of Rayadrugtaluk shall be a debt due to the State of Andhra by the District Board of Kurnool or, as the case may be of Anantapur, and the remaining part shall be a debt due to the State of Mysore by the District Board of Bellary. (3) The right to recover any loans or advances made before the appointed day by the State of Madras to any person, firm or institution outside the State, shall belong to the State of Madras: Provided that any sum recovered in respect of any such loan or advance shall be divided between the States of Madras, Andhra and Mysore in the proportion of 62⅔: 36: 1⅓. 7. (1) The balance of the States' share of the taxes on income and of the Union duties of excise payable to the State of Madras in respect of the financial year 1953-54 shall be shared between the States of Madras, Andhra and Mysore in the proportion of 62⅔: 36: 1⅓. _Explanation.—The balance referred to in this sub-paragraph shall be taken to be one-half of the_ amount payable to the State of Madras as constituted immediately before the appointed day out of the States' share of taxes on income or of Union duties of excise, as the case may be in accordance with the Budget Estimates of the Central Government in respect of the financial year 1953-54. (2) The States’ share of the taxes on income or of the Union duties of excise payable to the State of Madras as constituted immediately before the appointed day in respect of each of the financial years commencing on or after the 1st day of April, 1954, shall, until other provision is made by law, be also shared between the States of Madras, Andhra and Mysore in the proportion of 62⅔: 36: 1⅓. 8. The sums at the credit of the Central Road Fund due to the State of Madras immediately before the appointed day shall be allocated between the States of Madras, Andhra and Mysore in the proportion of 62⅔: 36 : 1⅓. 9. The shares held immediately before the appointed day by the State of Madras in the Travancore Fertilizers and Chemicals Limited, the Madras Radio and Electrical Limited and the Madras Industrial Investment Corporation shall be divided between the States of Madras, Andhra and Mysore in the proportion of 62⅔: 36 : 1⅓. 10. The securities held in respect of investments made from any depreciation reserve fund shall accrue to the State in whose area the undertaking for which the depreciation reserve fund is maintained is situate. 11. Subject to the provisions of paragraph 12, the assets and liabilities relating to commercial or industrial undertakings shall in the case when the undertakings are situate in the transferred territory, pass to the State of Mysore and, in other cases, pass to the State in which the undertakings are situate. 12. (1) The public debt of the State of Madras attributable to loans raised by the issue of Government securities which are outstanding with the public immediately before the appointed day shall as from such day be the debt of the State of Madras; and the States of Andhra and Mysore shall be liable to pay to the State of Madras their shares of the sums due from time to time for the servicing and repayment of the debt. For the purpose of determining the said shares, the debt shall be deemed to be apportioned between the States of Madras, Andhra and Mysore as if it were a debt referred to in sub-paragraph (2) of this paragraph, and the shares of the States of Andhra and Mysore shall be determined accordingly: Provided that the liability for any public loan or portion thereof referred to in sub-paragraph (1) of paragraph 2 shall, for the purposes of this sub-paragraph, be deemed to be apportioned between the ----- States of Andhra and Madras in the same proportion as may be fixed under sub-paragraph (1) of paragraph 2 in regard to the allocation of the proceeds of such loan or portion thereof. _Explanation.—In this sub-paragraph, the expression “Government securities” has the same_ meaning as in clause (a) of section 2 of the Indian Securities Act, 1920 (10 of 1920) (2) The remaining public debt of the State of Madras that is to say, the debt attributable to loans taken from the Central Government, the Reserve Bank of India or any other Bank before the appointed day, shall be apportioned between the States of Madras, Andhra and Mysore in proportion to the total expenditure on all capital works and other capital outlays incurred in the territories of the States of Madras and Andhra and the transferred territory up to the commencement of the appointed day, including the terms dealt with in paragraph 9 of this Schedule: Provided that any loan taken from the Central Government before the appointed day in connection with the construction of buildings, roads or other works for the temporary capital of the State of Andhra or for purposes incidental thereto shall to the extent of the expenditure so incurred until that day be wholly the liability of the State of Andhra. (3) For the purposes of the allocation under sub-paragraph (2) of this paragraph, only expenditure on assets for which capital accounts have been kept (excluding the Buckingham Canal and any buildings for which such accounts have been kept) shall be taken into account: Provided that the amount of public debt on account of the expenditure on the Tungabhadra Project referred to in section 66 shall be reallocated on such basis as may be agreed upon between the States concerned, or, if no agreement is entered into within two years from the appointed day, as may be fixed by order of the President. (4) All sinking funds for loans raised before the appointed day by the Government of Madras shall remain with the State of Madras and the net amount of such funds shall be taken into consideration in allocating the dues on account of such loans between the States of Madras, Andhra and Mysore. (5) In order to compensate the State of Andhra finally for its relatively smaller share of buildings, its share in the liability on account of debt to be apportioned between the States of Andhra and Madras under sub-paragraph (2) of this paragraph shall be reduced by 230.4 lakhs of rupees and the share of the State of Madras in such liability shall be correspondingly increased. 13. Civil deposits and local fund deposits shall pass to the State in whose area the deposits have been made, and the liability to pay them shall also fall on that State. 14. The securities held in the Zamindari Abolition Fund shall be allocated between the States of Madras, Andhra and Mysore in proportion to the estimated amount of compensation payable in the territories comprised within the State of Madras as constituted on the appointed day, in the territories forming the State of Andhra and the transferred territory. 15. The liability in respect of the undisbursed amounts in the Madras Road Fund as they stand immediately before the appointed day shall be taken over by the State in which the local bodies to whom they are payable exist. 16. Each State shall take over the liabilities in respect of the Provident Fund accounts of the Government servants permanently allotted to it. 17. (1) Subject to the adjustment mentioned in sub-paragraph (3) of this paragraph, each State shall, in respect of pensions granted by the State of Madras before the appointed day, pay the pensions drawn in its treasuries and sub-treasuries. ----- (2) Subject to the said adjustment, the liability in respect of pensions of officers serving in connection with the affairs of the State of Madras who retire or proceed on leave preparatory to retirement before the appointed day but whose claims for pensions are outstanding immediately before that day shall be the liability of the State of Madras. (3) There shall be computed in respect of the part of the financial year 1953-54 commencing on the appointed day, and in respect of each subsequent financial year, the total payments made in each State in respect of pensions referred to in sub-paragraphs (1) and (2) of this paragraph; and each of the States of Andhra and Mysore shall receive from, or pay to, the State of Madras the amount by which the total payments in the State of Andhra or the State of Mysore, as the case may be, for that part of the year or for that year exceed or, as the case may be, fall short of 36 per cent. in the case of the State of Andhra and 1⅓ per cent. in the case of the State of Mysore, of the total payments made in the States of Andhra, Mysore and Madras for that part of the year or for that year. (4) The liability in respect of pensions of officers retiring on or after the appointed day shall be that of the State granting the pension. The portion of the pension attributable to the service of any such officer before the appointed day shall be allocated between the States of Madras, Andhra and Mysore in the proportion of 62⅔: 36: 1⅓, and the State which has granted the pension shall be entitled to receive from the other two States their shares of this liability. In respect of any officer whose services after the appointed day were partly in one of the States of Madras, Andhra and Mysore as granted the pension and partly in one or both of the other two States, such other State or each of such other States, as the case may be, shall reimburse the State by which the pension is granted an amount which bears to the portion of the pension of such officer attributable to his service after the appointed day the same ratio as the period of qualifying service of that officer after the appointed day under the State bears to the total qualifying service of such officer after the appointed day reckoned for the purposes of pension. _Explanation.—Any reference in this paragraph to pension shall be construed as including a_ reference to the commuted value of such pensions. 18. If and in so far as any item in suspense is ultimately found to affect an asset or liability of the nature referred to in the foregoing paragraphs, it shall be dealt with in accordance with provisions of the relevant paragraph. 19. The benefit or burden of any assets or liabilities not dealt with in the foregoing paragraphs or in section 48 or section 49 or section 50 or section 66 shall be apportioned between the State of Madras and the States of Andhra and Mysore in such manner as the President may by order direct: Provided that nothing in this paragraph shall be taken as prohibiting the apportionment of such benefit or burden in any other manner if the States concerned so agree. ----- THE EIGHTH SCHEDULE [See section 59] Part I Jails and other institutions in the State of Madras:— (1) The Presidency Jail for Women, Vellore. (2) The Senior Certified School, Chingleput. Part II Jails and other institutions in the transferred territory:— (1) The Junior Certified School, Bellary. (2) The Central Jail, Bellary. (3) The Alipuram Jail, Bellary. (4) The Borstal School, Bellary. ----- THE NINTH SCHEDULE (See section 60) Part I Institutions in the State of Madras:— (1) The King Institute, Guindy. (2) The Irrigation Research Station, Poondi. (3) The Police Training College, Vellore. (4) The Finger Print Bureau, Vellore. (5) The Government Press, Madras. (6) The Government Textile Institute, Madras. (7) The Government College of Indigenous Medicine, Madras. (8) The Madras Fire Services State Training School, Madras. (9) The Veterinary College, Madras. (10) The Serum Institute, Ranipet. (11) The Barnard Institute of Radiology, Madras. (12) The Chemical Examiner's Department Madras. (13) The Central Survey Office, Madras. (14) The Government Lady Willingdon Leprosy Sanatorium, Tirumani. Part II Institutions in the transferred territory:— (1) Rayalaseema Polytechnic, Bellary. (2) The Government Wellesley Tuberculosis Sanatorium, Bellary. -----

18-Dec-1953

41

The Calcutta High Court (Extension of Jurisdiction) Act, 1953

https://www.indiacode.nic.in/bitstream/123456789/2178/3/A1953-41.pdf

central

# THE CALCUTTA HIGH COURT (EXTENSION OF JURISDICTION) ACT, 1953 __________ ARRANGEMENT OF SECTIONS ___________ SECTIONS 1. Short title. 2. Extension of jurisdiction of Calcutta High Court to Chandernagore and Andaman and Nicobar Islands. 3. Effect of certain orders. 4. Power to make rules. 1 ----- # THE CALCUTTA HIGH COURT (EXTENSION OF JURISDICTION) ACT, 1953 ACT NO. 41 OF 1953 [18th December, 1953.] # An Act to extend the jurisdiction of the High Court at Calcutta to Chandernagore and the Andaman and Nicobar Islands. BE it enacted by Parliament as follows:— **1. Short title.—This Act may be called the Calcutta High Court (Extension of Jurisdiction) Act,** 1953. **2. Extension of jurisdiction of Calcutta High Court to Chandernagore and Andaman and** **Nicobar Islands.—The jurisdiction of the High Court at Calcutta shall extend to Chandernagore and** Andaman and Nicobar Islands and shall, as from the 2nd day of May, 1950, be deemed to have extended to Chandernagore, and the said High Court shall, for all purposes be deemed to be the High Court for Chandernagore and the Andaman and Nicobar Islands. **3. Effect of certain orders.—Any order made—** (i) by the highest court of appeal in relation to Chandernagore before the 2nd day of May, 1950, or in any proceeding pending before that Court on that day; or (ii) by the Chief Commissioner of the Andaman and Nicobar Islands before the commencement of this Act in the discharge of his functions as the High Court for those Islands, shall for all purposes have effect, not only as an order of that Court, or as the case may be, of the Chief Commissioner, but also as if it were an order made by the High Court at Calcutta. **4. Power to make rules.—Subject to the provisions of any law for the time being in force, the** High Court at Calcutta may make rules to carry out the purposes of this Act and for the purpose of effectively exercising its jurisdiction in or in relation to Chandernagore and the Andaman and Nicobar Islands. _____ 2 -----

23-Dec-1953

45

The Coir Industry Act, 1953

https://www.indiacode.nic.in/bitstream/123456789/2179/1/AAA1953___45.pdf

central

SECTIONS # THE COIR INDUSTRY ACT, 1953 ______ ARRANGEMENT OF SECTION # ______ CHAPTER I PRELIMANARY 1. Short title, extent and commencement. 2. Declaration as to expediency of control by the Union. 3. Definitions. CHAPTER II THE COIR BOARD 4. Establishment and constitution of the Coir Board. 5. Vacancies, etc., not to invalidate acts and proceedings. 6. Salary and allowances of Chairman. 7. Vice-Chairman. 8. Executive and other Committees. 9. Secretary and staff. 10. Functions of the Board. 11. Dissolution of the Board. CHAPTER III CONTROL OVER THE EXPORT OF COIR FIBRE COIR YARD AND PRODUCTS 12. Control of export of coir fibre, coir yarn and coir products. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT 13. Imposition of a duty of customs on export of coir fibre, coir yarn and coir products. 14. Payment of proceeds of cess to the Board. 14A. Grant by the Central Government to the Board. 15. Constitution of Fund. 16. Borrowing powers of Board. 17. Accounts and audit. CHAPTER V CONTROL BY THE CENTRAL GOVERNMENT 18. General control over acts and proceedings of the Board. 19. Report and returns. 1 ----- CHPTER VI MISCELLANOUS 20. Penalties. 21. Offences by companies. 22. Previous sanction of Central Government for prosecution. 23. Protection of action taken in good faith. 24. Power to delegate. 25. Suspension of operation of Act. 26. Power of Central Government to make rules. 27. Power of Board to make by-laws. 2 ----- # THE COIR INDUSTRY ACT, 1953 ACT NO. 45 OF 1953 [23rd December, 1953.] 1[An Act to provide for the establishment of a Board for the development of the Coir Industry # and for that purpose to levy a customs duty on coir fiber, coir yarn and coir products exported from India and for matters connected therewith.] BE it enacted by Parliament as follows:— CHAPTER I PRELIMANARY **1. Short title, extent and commencement.—(1) This Act may be called the Coir Industry** Act, 1953. (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) It shall come into force on such date[2] as the Central Government may, by notification in the Official Gazette, appoint. **2. Declaration as to expediency of control by the Union.—It is hereby declared that it is expedient** in the public interest that the Union should take under its control the coir industry, **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board” means the Coir Board constituted under section 4; (b) “cess” means the customs duty imposed by section 13; (c) “coir” or “coir fiber” means the fiber extracted from the husk of the coconut; (d) “coir products” means mats and mattings, rugs and carpets, ropes and other articles manufactured wholly or partly from coir or coir yarn; (e) “coir yarn” means yarn obtained by the spinning of coir; (f) “export” with its grammatical variations and cognate expressions means to take out of the territories to which this Act extends by land, sea or air to any place outside India other than a country or territory notified in this behalf by the Central Government by notification in the Official Gazette; (g) “Fund” means the Coir Fund referred to in section 15; (h) “husks” means coconut husks, both raw and retied; (i) “member” means a member of the Board; (j) “prescribed” means prescribed by rules made under this Act. CHAPTER II THE COIR BOARD **4. Establishment and constitution of the Coir Board.—(1) With effect from such date as the** Central Government may, by notification in the Official Gazette, specify in this behalf, there shall be established for the purposes of this Act a Board to be called the Coir Board. (2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue and be sued. (3) The Board shall consist of a Chairman and such number of other members not exceeding forty as the Central Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among persons who are in its opinion capable of representing— 1. Subs. by Act 25 of 1964, s. 2, for certain words (w.e.f. 6-6-1964). 2. 9th February, 1954, _vide notification No. S.R.O. 470, dated 9th February, 1954,_ _see Gazette of India, Extraordinary Part I,_ s. 3(ii), this Act has been extended in its application to the Union territory Goa, Daman and Diu by the Act 11 of 1963, s. 3 and the Schedule (w.e.f 1-2-1965). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 3 ----- (a) growers of coconuts and producers of husks and coir yarn; (b) persons engaged in the production of husks, coir and yarn and in the manufacture of coir products; (c) manufacturers of coir products; (d) dealers in coir, coir yarn and coir products, including both exporters and internal traders; (e) parliament; (f) the Governments of the principal coconut growing States; (g) such other persons or class of persons who, in the opinion of the Central Government, ought to be represented on the Board. (4) The number of persons to be appointed as members from each of the categories specified in sub-section (3), the term of office, of the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Board shall be such as may be prescribed. (5) Any officer of the Central Government when deputed by that Government in this behalf shall have the right to attend meetings of the Board and take part in the proceedings thereof but shall not be entitled to vote. **5. Vacancies, etc., not to invalidate acts and proceedings.—No act or proceeding taken by the** Board under this Act shall be questioned on the ground merely of— (a) the existence of any vacancy in the Constitution of, the Board; or (b) any omission, defect or irregularity not affecting the merits of the case. **6. Salary and allowances of Chairman.—The Chairman shall be entitled to such salary and** allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters as may from time to time be fixed by the Central Government. **7. Vice-Chairman.—The Board shall elect from among its members a Vice-Chairman, who shall** exercise such of the powers and discharge such of the duties of the Chairman as may be prescribed or as may be delegated to him by the Chairman. **8. Executive and other Committees.—(1) There shall be an Executive Committee of the Board for** the purpose of exercising such of the powers and performing such of the duties of the Board as may be prescribed or as the Board may delegate to it. (2) The Executive Committee shall consist of— (i) the Chairman, (ii) the Vice-Chairman, and (iii) five other members elected by the members of the Board, from among themselves of whom not more than two shall be Government officials and one shall be from among the members representing persons engaged in the production of husks, coir and coir yarn and in the manufacture of coir products. (3) Subject to such control and restrictions as may be prescribed, the Board may constitute other standing committees or ad hoc committes for exercising any power or discharging any duty of the Board or for enquiring into or reporting and advising on any matter which the Board may refer to them. (4) A Standing Committee shall consist exclusively of members of the Board. (5) An ad hoc Committee may include persons who are not members of the Board, but their number shall be less than one-half of its strength. **9. Secretary and staff.—(1) The Central Government shall, after consulting the Board appoint a** Secretary to the Board who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Board or the Chairman. 4 ----- (2) Subject to such control and restrictions as may be prescribed, the Board may appoint such officers and employees as may be necessary for the efficient performance of its functions and pay them such salaries and allowances as it may determine from time to time. (3) The Chairman, Secretary and other officers and employees of the Board shall not undertake any work unconnected with their duties under this Act except with the permission of the Central Government. **10. Functions of the Board.—(1) It shall be the duty of the Board to promote by such measures as it** thinks fit the development under the control of the Central Government of the coir industry. (2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may relate to— (a) promoting exports of coir yarn and coir products, and carrying on propaganda for that purpose; (b) regulating under the supervision of the Central Government the production of husks, coir yarn and coir products by registering coir spindles and looms for manufacturing coir products as also manufacturers of coir products, licensing exporters of coir, coir yarn and coir products and taking such other appropriate steps as may be prescribed; (c) undertaking, assisting or encouraging scientific technological and economic research and maintaining and assisting in the maintenance of one or more research institutes; (d) collecting statistics from manufacturers of, and dealers in, coir products and from such other persons as may be prescribed, on any matter relating to the coir industry; the publication of statistics so collected or portions thereof or extracts therefrom; (e) fixing grade standards and arranging when necessary for inspection of coir fibre, coir yarn and coir products; (f) improving the marketing of coconut husk, coir fibre, coir yarn and coir products in India and elsewhere and preventing unfair competition; 1[(ff) setting up or assisting in the setting up of factories for the production of coir products with the aid of power;] (g) promoting co-operative organisation among producers of husk, coir fibre and coir yarn and manufacturers of coir products; (h) ensuring remunerative returns to producers of husks, coir fibre and coir yarn and manufacturers of coir products; (i) licensing of retting places and warehouses and otherwise regulating the stocking and sale of coir fibre, coir yarn and coir products both for the internal market and for exports; (j) advising on all matters relating to the development of the coir industry; (k) such other matters as may be prescribed. (3) The Board shall perform its functions under this section in accordance with and subject to such rules as may be made by the Central Government. **11. Dissolution of the Board.—(1) The Central Government may, if the Board does any act** exceeding the powers conferred upon it or acts in a manner contrary to the rules or prejudicial to the interests of the industry or acts [2]* * * contrary to the directions given by the Central Government, call upon the Board to show cause why the Board should not be dissolved and if no explanation is offered or if the Central Government is dissatisfied with the explanation given it may suspend or dissolve the Board from such date and for such period as may be specified in the notification. (2) When the Board is dissolved under the provisions of sub-section (1)— 1. Ins. by Act 25 of 1964, s. 3 (w.e.f. 16-6-1964). 2. The words “or fails to act” omitted by Act 45 of 1953, s. 2 and the Schedule (w.e.f. 17-5-1957). 5 ----- (a) all members shall, from the date of dissolution, vacate their offices as such members; (b) all powers and duties of the Board shall, during the period of dissolution, be exercised and performed by such person or persons as the Central Government may appoint in this behalf; (c) all funds and other property vested in the Board shall, during the period of dissolution, vest in the Central Government; and (d) as soon as the period of dissolution expires, the Board shall be reconstituted in accordance with the provisions of this Act. CHAPTER III CONTROL OVER THE EXPORT OF COIR FIBRE COIR YARD AND PRODUCTS **12. Control of export of coir fibre, coir yarn and coir products.—No coir fibre, coir yarn or coir** products shall be exported otherwise than under a licence issued by or on behalf of the Board in the prescribed manner, and the provisions of the Sea Customs Act, 1878 (VIII of 19887), shall have effect as if the provisions made by this section had been made by notification issued under Section 19 of that Act: Provided that nothing herein contained shall apply to any coir product dispatched out of the territories to which this Act extends by post or carried in a passenger’s luggage for his personal use: Provided further that the Central Government may exempt from the operation of this section either absolutely or subject to specified conditions, the export of any coir fibre, coir yarn or coir product to any foreign settlement bounded by India. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT **13. Imposition of a duty of customs on export of coir fibre, coir yarn and coir products.—(1)** With effect from such date as may be specified by the Central Government by notification in the Official Gazette, there shall be levied and collected as a cess for the purposes of this Act a duty of customs on all coir fibre, coir yarn and coir products which are exported [1][at such rate not exceeding two rupees per quintal] as the Central Government may, by the same or a like notification from time to time, fix. (2) The cess levied under sub-section (1) shall be in addition to any other duty leviable under the Indian Tariff Act, 1934 (XXXII of 1934), or any other law for the time being in force and shall be collected by such agencies and in such manner as may be prescribed. **14. Payment of proceeds of cess to the Board.—The proceeds of the cess levied under sub-section** (1) of section 13 shall first be credited to the Consolidated Fund of India and the Central Government may thereafter from time to time pay to the Board from and out of such proceeds such sums of money as it may think fit after deducting the expenses of collection. 2[14A. Grant by the Central Government to the Board.—The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Board by way of grants, such sums of money as the Central Government may consider necessary.] **15. Constitution of Fund.—(1) There shall be formed by the Board a Fund to be called the Coir** Fund and there shall be credited thereto— (a) the proceeds of the cess made over to the Board by the Central Government; (b) any other fee that may be levied and collected under this Act or the rules made thereunder; 3[(c) any sum of money that may be paid by way of grants under section 14A.] (2) The Fund shall be applied towards meeting the expenses of the Board and the cost of the measures referred to in section 10. **16. Borrowing powers of Board.—Subject to such rules as may be made in this behalf, the Board** shall have power to borrow on the security of the Fund or any other asset for any purposes for which the Fund may be applied. 1. Subs. by Act 40 of 1960, s. 9, for the words “at such rate not exceeding one rupee per hundred weight” (w.e.f. 1-10-1960). 2. Ins. by Act 25 of 1964, s. 4 (w.e.f. 16-6-1964). 3. Ins. by s. 5, ibid. (w.e.f. 16-6-1964). 6 ----- 1[17. Accounts and audit.—(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balance-sheet in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of India at such intervals as may be prescribed by him and any expenditure incurred in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Board shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General has in connection with audit of Government accounts, and in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board. (4) The accounts of the Board as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.] CHAPTER V CONTROL BY THE CENTRAL GOVERNMENT **18. General control over acts and proceedings of the Board.—(1) All acts and proceedings of the** Board shall be subject to the control of the Central Government which may cancel, suspend or modify as it thinks fit any action taken by the Board. (2) The Board shall carry out such directions as may be issued to it by the Central Government for the efficient administration of this Act. (3) The records of the Board shall be open to inspection at all reasonable times by any officer authorised in this behalf by the Central Government. **19. Report and returns.—[2][(1) The Board shall submit to the Central Government and such other** authority, as may be prescribed, an annual report on its activities and the working of this Act for the preceding year; and a copy of every such report shall, as soon as may be after it is received by the Central Government, be laid before each House of Parliament.] (2) The Board shall prepare and submit such other returns relating to the coir industry as may be required by that Government from time to time. CHPTER VI MISCELLANOUS **20. Penalties.—(1) If any person contravenes the provisions of section 12, he shall be punishable** with fine which may extend to five hundred rupees. (2) Any person who attempts to contravene or abets the contravention of the provisions of section 12 shall be deemed to have contravened those provisions. **21. Offences by companies.—(1) If the person committing an offence under section 12 is a** company, every person who at the time the contravention was committed was incharge of, and was responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under section 12 has been committed by a company and it is proved that the offence has been committed with the consent or 1. Subs. by Act 25 of 1964, s. 6, for section 17 (w.e.f. 16-6-1964). 2. Subs. by 41 of 1994, s. 2, for sub-section (1) (w.e.f. 8-7-1994). 7 ----- connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director” in relation to a firm means a partner in the firm. **22. Previous sanction of Central Government for prosecution.—No prosecution for any offence** punishable under this Act shall be instituted except with the previous approval of the Central Government. **23. Protection of action taken in good faith.—No suit prosecution or other legal proceeding shall** lie against any person for anything in good faith done or intended to be done under this Act or the rules made thereunder. **24. Power to delegate.—The Central Government may, by order notified in the Official Gazette,** direct that any power exercisable by it under this Act may also be exercised in such cases and subject to such conditions, if any, as may be specified in the order by such officer or authority as may be specified therein. **25. Suspension of operation of Act.—(1) If the Central Government is satisfied that circumstances** have arisen rendering it necessary that certain of the restrictions imposed by this Act should cease to be imposed or if it considers it necessary or expedient so to do in the public interest the Central Government may, by notification in the Official Gazette, suspend or relax to a specified extent either indefinitely or for such period as may be specified in the notification the operation of all or any of the provisions of this Act. (2) Where the operation of any provisions of this Act has under sub-section (1) been suspended or relaxed indefinitely, such suspension or relaxation may at any time while this Act remains in force be removed by the Central Government by notification in the Official Gazette. **26. Power of Central Government to make rules.—(1) The Central Government may, subject to** the condition of previous publication, make rules or carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings every year; (d) the pay and allowances and other conditions of service of the secretary; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates should be sanctioned; (g) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure; and the re-appropriation of estimated savings in any budget heard to another such head; (i) the conditions subject to which the Board may borrow; 8 ----- (j) the form and the manner in which accounts should be kept by the Board; (k) the registration of coir spindles and looms for the manufacture of coir products as also the registration of manufacturers of coir products and the conditions for such registration; the grant or issue of licences under this Act; the fees to be levied in respect of such registration and licences; and the suspension and cancellation of such registration and licences; (l) the form of applications for registration and licences under this Act and the fee, if any, to be paid in respect of any such applications; (m) the collection of any information or statistics in respect of the coir industry; (n) any other matter which is to be or may be prescribed. 1[(3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if [2][before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **27. Power of Board to make by-laws.—(1) The Board may make by-laws consistent with this Act** and the rules made thereunder, to provide for,— (a) the dates, times and places of its meetings and of the meetings of the Executive and other Committees and the quorum for such meetings, and the procedure thereat; (b) the delegation of powers and duties to the Executive or any other Committee, or to its Chairman, Vice-Chairman, Secretary or any other of its officers; (c) the travelling allowances of members and of members of Committees; (d) the appointment, promotion and dismissal of its officers and other employees other than the Secretary and the creation and abolition of their posts; (e) the conditions of service of its officers and other employees other than the Secretary including their pay, leave, leave allowances, pensions, gratuities, compassionate allowances and travelling allowances and the establishment and maintenance of a provident fund for them; (f) the maintenance of its accounts; (g) the persons by whom, and the manner in which payments, deposits and investments may be made on its behalf; (h) the custody of moneys required for its current expenditure and the investment of moneys not so required; (i) the preparation of statements showing the sums allotted to departments of the Central and State Governments and other institutions. (2) No by-law shall take effect until it has been confirmed by the Central Government and published in the Official Gazette; and the Central Government in confirming a by-law may make any change therein which appears to it to be necessary. (3) The Central Government may, by notification in the Official Gazette, cancel any by-law which it has confirmed and thereupon the by-law shall cease to have effect. 1. Subs. by Act 25 of 1964, s. 7, for sub-section (3) (w.e.f. 16-6-1964). 2. Subs. by Act 4 of 1986, s. 2 and the Schedule, for the words “before the expiry of the session in which it is so laid or the successive sessions aforesaid” (w.e.f. 15-5-1986). 9 ----- 1[(4) Every by-law made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the by-law or both Houses agree that the by-law should not be made, the by-law shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that by-law.] 1. Ins. by Act 4 of 1986, s. 2 and the Schedule, (w.e.f. 15-5-1986). 10 -----

29-Apr-1954

18

The Lushai Hills District (Change of Name) Act, 1954

https://www.indiacode.nic.in/bitstream/123456789/1395/3/A1954-18.pdf

central

# THE LUSHAI HILLS DISTRICT (CHANGE OF NAME) ACT, 1954 ____________ # ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title and commencement. 2. Lushai Hills District to be known as Mizo District. 3. Amendment of the Sixth Schedule to the Constitution. 4. Reference to Lushai Hills District to be construed as reference to Mizo District. ----- # THE LUSHAI HILLS DISTRICT (CHANGE OF NAME) ACT, 1954 # ACT NO. 18 OF 1954 An Act to change the name of the Lushai Hills District. BE it enacted by Parliament as follows:— [29th April, 1954.] **1. Short title and commencement.—(1) This Act may be called the Lushai Hills District (Change** of Name) Act, 1954. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Lushai Hills District to be known as Mizo District.—The tribal area in Assam now known as** the Lushai Hills District shall, as from the commencement of this Act, be known as the Mizo District. **3. Amendment of the Sixth Schedule to the Constitution.—In the Sixth Schedule to the** Constitution, in paragraph 20,— (a) after sub-paragraph (2), the following sub-paragraph shall be inserted namely:— “(2A) The Mizo District shall comprise the area which at the commencement of this Constitution was known as the Lushai Hills District.”; (b) in sub-paragraph (3), after the words “United Khasi Jaintia Hills District” the words “and the Mizo District” shall be inserted; and (c) in Part A of the table, for the words “The Lushai Hills District”, the words “The Mizo District” shall be substituted. **4. Reference to Lushai Hills District to be construed as reference to Mizo District.—Any** reference to the Lushai Hills District in any law, instrument or other document shall, unless the context otherwise requires, be construed as a reference to the Mizo District. 1. 1st September, 1954, _vide notification No. S.R.O. 2832 (E), dated 1stSeptember, 1954,_ _see Gazette of India,_ Extraordinary, Part II, sec. 3(i). -----

30-Apr-1954

21

The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954

https://www.indiacode.nic.in/bitstream/123456789/1412/1/195421.pdf

central

# THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT, 1954 ___________ ARRANGEMENT OF SECTIONS _____________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Prohibition of advertisement of certain drugs for treatment of certain diseases and disorders. 4. Prohibition of misleading advertisements relating to drugs. 5. Prohibition of advertisement of magic remedies for treatment of certain diseases and disorders. 6. Prohibition of import into, and export from, India of certain advertisements. 7. Penalty. 8. Powers of entry, search, etc. 9. Offences by companies. 9A. Offences to be cognizable. 10. Jurisdiction to try offences. 10A. Forfeiture. 11. Officers to be deemed to be public servants. 12. Indemnity. 13. Other laws not affected. 14. Savings. 15. Power to exempt from application of Act. 16. Power to make rules. THE SCHEDULE. 1 ----- # THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT, 1954 ACT NO. 21 OF 1954[1] [30th April, 1954.] An Act to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith. BE it enacted by Parliament as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Drugs and Magic** Remedies (Objectionable Advertisement) Act, 1954. (2) It extends to the whole of India [2]***, and applies also to persons domiciled in the territories to which this Act extends who are outside the said territories. (3) It shall come into force on such date[3] as the Central Government may, by Notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) „advertisement‟ includes any notice, circular, label, wrapper or other document, and any announcement made orally or by any means of producing or transmitting light, sound or smoke; (b) „drug‟ includes— (i) a medicine for the internal or external use of human beings or animals; (ii) any substance intended to be used for or in the diagnosis, cure, mitigation, treatment or prevention of disease in human beings or animals; (iii) any article, other than food, intended to affect or influence in any way the structure or any organic function of the body of human beings or animals; (iv) any article intended for use as a component of any medicine, substance or article, referred to in sub-clauses (i), (ii) and (iii); (c) „magic remedy‟ includes a talisman, mantra, kavacha, and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals; 4[(cc) „registered medical practitioner‟ means any person,— (i) who holds a qualification granted by an authority specified in, or notified under section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916) specified in the Schedules to the Indian Medical Council Act, 1956 (102 of 1956); or (ii) who is entitled to be registered as a medical practitioner under any law for the time being in force in any State to which this Act extends relating to the registration of medical practitioner;] 1. This Act has been extended to Pondicherry by Reg. 7 of 1963, sec. 3 and Sch. I (w.e.f. 1-10-1963), and extended to the State of Sikkim, vide S.O. 949 (E), dated 20th October, 1988. 2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 3. 1st April, 1955, _vide_ notification No. S.R.O. 511, dated 26th February, 1995, _see Gazette of India, 1955, Part II,_ s. 3. 4. Ins. by Act 42 of 1963, s. 2 (w.e.f. 7-12-1963). 2 ----- (d) „taking any part in the publication of any advertisement‟ includes— (i) the printing of the advertisement, (ii) the publication of any advertisement outside the territories to which this Act extends by or at the instance of a person residing within the said territories; 1* * * * * * **3. Prohibition of advertisement of certain drugs for treatment of certain diseases and** **disorders.—Subject to the provisions of this Act, no person shall take any part in the publication of any** advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for— (a) the procurement of miscarriage in women or prevention of conception in women; or (b) the maintenance or improvement of the capacity of human beings for sexual pleasure; or (c) the correction of menstrual disorder in women; or 2[(d) the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the Schedule, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under this Act: Provided that no such rule shall be made except— (i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a registered medical practitioner or for which there are normally no accepted remedies; and (ii) after consultation with the Drugs Technical Advisory Board constituted under the Drugs and Cosmetics Act, 1940 (23 of 1940), and if the Central Government considers necessary, with such other persons having special knowledge or practical experience in respect of Ayurvedic or Unani systems of medicines as that Government deems fit.] **4. Prohibition of misleading advertisements relating to drugs.—Subject to the provisions of this** Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which— (a) directly or indirectly gives a false impression regarding the true character of the drug; or (b) makes a false claim for the drug; or (c) is otherwise false or misleading in any material particular. **5. Prohibition of advertisement of magic remedies for treatment of certain diseases and** **disorders.—No person carrying on or purporting to carry on the profession of administering magic** remedies shall take any part in the publication of any advertisement referring to any magic remedy which directly or indirectly claims to be efficacious for any of the purposes specified in section 3. **6. Prohibition of import into, and export from, India of certain advertisements.—No person** shall import into, or export from, the territories to which this Act extends any documents containing an advertisement of the nature referred to in section 3 or in section 4 or section 5, and any document containing any such advertisements shall be deemed to be goods of which the import or export has been prohibited under section 19 of the Sea Customs Act, 1878 (8 of 1878), and all the provisions of that Act shall have effect accordingly, except that section 183 thereof shall have effect as if for the word „shall‟ therein the word „may‟ were substituted. **7. Penalty.—Whoever contravenes any of the provisions of this Act [3][or the rules made thereunder]** shall, on conviction, be punishable— 1. Clause (e) omitted by Act 42 of 1963, s. 2 (w.e.f. 7-12-1963). 2. Subs. by s. 3, ibid., for clause (d) (w.e.f. 17-12-1963). 3. Ins. by s. 4, ibid. (w.e.f. 17-12-1963). 3 ----- (a) in the case of the first conviction, with imprisonment which may extend to six months, or with fine, or with both; (b) in the case of a subsequent conviction, with imprisonment which may extend to one year, or with fine, or with both. 1[8. Powers of entry, search, etc.—(1) Subject to the provisions of any rules made in this behalf, any Gazetted Officer authorised by the State Government may, within the local limits of the area for which he is so authorised,— (a) enter and search at all reasonable times, with such assistants, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed; (b) seize any advertisement which he has reason to believe contravenes any of the provisions of this Act: Provided that the power of seizure under this clause may be exercised in respect of any document, article or thing which contains any such advertisement, including the contents, if any, of such document, article or thing, if the advertisement cannot be separated by reason of its being embossed or otherwise, from such document, article or thing without affecting the integrity, utility or saleable value thereof; (c) examine any record, register, document or any other material object found in any place mentioned in clause (a) and seize the same if he has reason to believe that it may furnish evidence of the commission of any offence punishable under this Act. (2) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall, so far as may be, apply to any search or seizure under this Act as they apply to search or seizure made under the authority of a warrant issued under section 98 or the said Code. (3) Where any person seizes anything under clause (b) or clause (c) of sub-section (1), he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof.] **9. Offences by companies.—(1) If the person contravening any of the provisions of this Act is a** company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against, and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company, shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) „company‟ means any body corporate and includes a firm or other association of individuals; and (b) „director‟ in relation to a firm means a partner in the firm. 2[9A. Offences to be cognizable.—Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence punishable under this Act shall be cognizable.] 1. Subs. by Act 42 of 1963, s. 5, for s. 8 (w.e.f. 7-12-1963). 2. Ins. by s. 6, ibid. (w.e.f. 7-12-1963). 4 ----- **10. Jurisdiction to try offences.—No Court inferior to that of a Presidency Magistrate or a** Magistrate of the first class shall try any offence punishable under this Act. 1[10A. Forfeiture.—Where a person has been convicted by any Court for contravening any provision of this Act or any rule made thereunder, the Court may direct that any document (including all copies thereof), article or thing, in respect of which the contravention is made, including the contents thereof where such contents are seized under clause (b) of sub-section (1) of section 8, shall be forfeited to the Government.] **11. Officers to be deemed to be public servants.—Every person authorized under section 8 shall be** deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). **12. Indemnity.—No suit, prosecution or other legal proceeding shall lie against any person for** anything which is in good faith done or intended to be done under this Act. **13. Other laws not affected.—The provisions of this Act are in addition to, and not in derogation of** the provisions of any other law for the time being in force. 2[14. Savings.—Nothing in this Act shall apply to— (a) any signboard or notice displayed by a registered medical practitioner on his premises indicating that treatment for any disease, disorder or condition specified in section 3, the Schedule or the rules made under this Act is undertaken in those premises; or (b) any treatise or book dealing with any of the matters specified in section 3 from a _bonafide_ scientific or social standpoint; or (c) any advertisement relating to any drug sent confidentially in the manner prescribed under section 16 only to a registered medical practitioner; or (d) any advertisement relating to a drug printed or published by the Government; or (e) any advertisement relating to a drug printed or published by any person with the previous sanction of the Government granted prior to the commencement of the Drugs and Magic Remedies (Objectionable Advertisements) Amendment Act, 1963 (42 of 1963): Provided that the Government may, for reasons to be recorded in writing, withdraw the sanction after giving the person an opportunity of showing cause against such withdrawal.] **15. Power to exempt from application of Act.—If, in the opinion of the Central Government, public** interest requires that the advertisement of any specified drug or class of drugs [3][or any specified class of advertisements relating to drugs] should be permitted, it may, by notification in the Official Gazette, direct that the provisions of sections 3,4,5 and 6 or any one of such provisions shall not apply‟ or shall apply subject to such conditions as may be specified in the notification to or in relation to the advertisement of any such drugs or class of drugs [3][or any such class of advertisements relating to drugs]. **16. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power; such rules may— (a) specify any [4][disease, disorder or condition] to which the provisions of section 3 shall apply; 1. Ins. by Act 42 of 1963, s. 7 (w.e.f. 7-12-1963). 2. Subs. by s. 8, ibid., for section 14 (w.e.f. 7-12-1963). 3. Ins. by s. 9, ibid. (w.e.f. 17-12-1963). 5. Subs. by s. 10, ibid., for “disease or condition” (w.e.f. 7-12-1963). 5 ----- (b) prescribe the manner in which advertisements of articles or things referred to in clause (c) of 1* * * section 14 may be sent confidentially. 2[(3) Every rule made under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 1. The words, brackets and figure “sub-section (1) of” omitted by Act 42 of 1963, s. 10 (w.e.f. 7-12-1963). 2. Ins. by s. 10, ibid. (w.e.f. 7-12-1963). 6 ----- 1[THE SCHEDULE [See sections 3(d) and 14] _S. No. Name of the disease, disorder or condition_ 1. Appendicitis. 2. Arteriosclerosis. 3. Blindness 4. Blood poisoning. 5. Bright‟s disease. 6. Cancer 7. Cataract. 8. Deafness. 9. Diabetes. 10. Diseases and disorders of the brain. 11. Diseases and disorders of the optical system 12. Diseases and disorders of the uterus 13. Disorders of menstrual flow. 14. Disorders of the nervous system. 15. Disorders of the prostatic gland. 16. Dropsy. 17. Epilepsy. 18. Female diseases (in general) 19. Fevers (in general). 20. Fits. 21. Forms and structure of the female bust. 22. Gall stones, kidney stones and bladder stones. 23. Gangrene 1. Added by Act 42 of 1963, s. 11 (w.e.f. 7-12-1963). 7 ----- _S. No. Name of the disease, disorder or condition_ 24. Glaucoma. 25. Goitre. 26. Heart diseases. 27. High or low blood pressure. 28. Hydrocele. 29. Hysteria. 30. Infantile paralysis. 31. Insanity. 32. Leprosy. 33. Leucoderma. 34. Lockjaw. 35. Locomotor ataxia. 36. Lupus. 37. Nervous debility. 38. Obsesity. 39. Paralysis. 40. Plague. 41. Pleurisy. 42. Pneumonia. 43. Rheumatism. 44. Ruptures. 45. Sexual impotence. 46. Smallpox. 47. Stature of persons. 48. Sterility in women. 49. Trachoma. 50. Tuberculosis. 51. Tumours. 8 ----- _S. No. Name of the disease, disorder or condition_ 52. Typhoid fever. 53. Ulcers of gastrointestinal tracts. 54. Venereal diseases, including syphilis, gonorrhea, soft chancre, venereal granuloma and lympho granuloma.] ________ 9 -----

20-May-1954

27

The Delivery of Books and Newspapers (Public Libraries) Act, 1954

https://www.indiacode.nic.in/bitstream/123456789/1422/1/a1954-27.pdf

central

# THE DELIVERY OF BOOKS AND NEWSPAPERS (PUBLIC LIBRARIES) ACT, 1954 ______________ ARRANGEMENT OF SECTIONS ___________ # SECTIONS 1. Short title and extent. 2. Definitions. 3. Delivery of books of public libraries. 3A. Delivery of newspapers to public libraries. 4. Receipt for books delivered. 5. Penalty. 6. Cognizance of offences. 7. Application of Act to books and newspapers published by Government. 8. Power to make rules. ----- # THE DELIVERY OF BOOKS AND NEWSPAPERS (PUBLIC LIBRARIES) ACT, 1954 # ACT NO. 27 OF 1954 [20th May, 1954.] # An Act to provide for delivery of books to the National Library and other public libraries. BE it enacted by Parliament in the Fifth Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the Delivery of Books** [1][and Newspapers] (Public Libraries) Act, 1954. (2) It extends to the whole of India except the State of Jammu and Kashmir*. **2. Definitions.—In this Act, unless the context otherwise requires:—** (a) “book” includes every volume, part or division of a volume and pamphlet, in any language, and every sheet of music, map, chart or plan separately printed or lithographed, but does not include a newspaper published in conformity with the provisions of section 5 of the Press and Registration of Books Act, 1867(XXV of 1867): 2[(aa) ‘newspaper’ means any printed periodical work containing public news or comments on public news published in conformity with the provisions of section 5 of the Press and Registration of Books Act, 1867 (25 of 1867).] (b) “public libraries” means the National Library at Calcutta and any three other libraries which may be specified by the Central Government in this behalf by notification in the Official Gazette. **3. Delivery of books of public libraries.—(1) Subject to any rules that may be made under this Act,** but without prejudice to the provisions contained in Section 9 of the Press and Registration of Books Act, 1867 (XXV of 1867), the publisher of every book published is the territories to which this Act extends after the commencement of this act, shall, notwithstanding any agreement to the contrary, deliver at his own expense a copy of the book to the National Library at Calcutta and one such copy to each of the other three public libraries within thirty days from the date of its publication. (2) The copy delivered to the National Library shall be a copy of the whole book with all maps and illustrations belonging thereto, finished and coloured in the same manner as the best copies of the same, and shall be bound, sewed or stitched together and on the best paper on which any copy of the book is printed. (3) The copy delivered to any other public library shall be on the paper on which the largest number of copies of the books is printed for sale, and shall be in the like condition as the book prepared for sale. (4) Nothing contained in sub-section (1) shall apply to any second or subsequent edition of a book in which edition no additions or alterations either in the letter-press or in the maps, book prints or other engravings belongings to the book have been made, and a copy of the first or some preceding edition of which book has been delivered under this Act. 3[3A. Delivery of newspapers to public libraries. —Subject to any rules that may be made under this Act, but without prejudice to the provisions contained in the Press and Registration of Books Act, 1867 (25 of 1867.), the publisher of every newspaper, published in the territories to which this Act extends, shall deliver at his own expense one copy of each issue of such newspaper as soon as it is published to each such public library as may be notified in this behalf by the Central Government in the Official Gazette.] **4. Receipt for books delivered.—The person in charge of a public library (whether called a librarian** or by any other name) or any other person authorised by him in this behalf to whom a copy of a book is delivered under Section 3 shall give to the publisher a receipt in writing therefor. 1. Ins. by Act 99 of 1956, s. 3 (w.e.f. 29-12-1956). 2. Ins. by s. 4, ibid. (w.e.f. 29-12-1956). 3. Ins. by s. 5, ibid. (w.e.f. 29-12-1956). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. ----- **5. Penalty.—Any publisher who contravenes any provision of this Act or of any rule made** thereunder shall be punishable with fine which may extend to fifty rupees [1][and, if the contravention is in respect of a book, shall also be punishable with fine which shall be equivalent to the value of the book], and the court trying the offence may direct that the whole or any part of the fine realised from him shall be paid, by way of compensation, to the public library to which the book [2][or newspaper, as the case may be] ought to have been delivered. **6. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under this** Act save on complaint made by an officer empowered in this behalf by the Central Government by a General or special order. (2) No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this Act. 3[7. Application of Act to books and newspapers published by Government.—This Act shall also apply to books and newspapers published by or under the authority of the Government but shall not apply to books meant for official use only.] **8. Power to make rules.—[4][(1)] The Central Government may, by notification in the Official** Gazette, makes rules to carry out the purposes of this Act. 5[(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] ___________ 1. Subs. by Act 99 of 1956, s. 6, for “and the value of the book” (w.e.f. 29-12-1956). 2. Ins. by s. 6, ibid. (w.e.f. 29-12-1956). 3. Subs. by s. 7, ibid., for section 7 (w.e.f. 29-12-1956). 4. Section 8 re-numbered as sub-section (1) thereof by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005). 5. Added by s. 2 and the Schedule, ibid. (w.e.f. 11-1-2005). -----

20-May-1954

28

The High Court Judges Salaries and Conditions of Service Act, 1954

https://www.indiacode.nic.in/bitstream/123456789/1431/1/a1954-28.pdf

central

# THE HIGH COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) ACT, 1954 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS 1. Short title. 2. Definitions. CHAPTER II LEAVE 3. Kinds of leave admissible to a judge. 4. Leave account showing the amount of leave due. 4A. Leave encashment. 5. Aggregate amount of leave which may be granted. 5A. Commutation of leave on half allowances into leave on full allowances. 6. Grant of leave not due. 7. Special disability leave. 8. Extraordinary leave. 9. Leave allowances. 10. [Omitted.] 11. Combining leave with vacation. 12. Consequences of overstaying leave or vacation. 13. Authority competent to grant leave, etc. CHAPTER III SALARIES AND PENSIONS 13A. Salaries of the Judges. 14. Pension payable to Judges. 14A. Benefit of added years of Service. 15. Special provision of pension in respect of Judges who are members of service. 16. Power of President to add to the service for pension. 17. Extraordinary pensions. 17A. Family pensions and gratuities. 17B. Additional quantum of pension or family pension. 18. [Omitted.] 19. Commutation of Pensions. 20. Provident Fund. 20A.Deposit Linked Insurance Scheme. 21. Authority competent to grant pension. 1 ----- CHAPTER IV MISCELLANEOUS SECTIONS 22. Travelling allowances to a Judge. 22A. Facility of rent-free houses. 22B.Conveyance facilities. 22C. Sumptuary allowance. 22D.Exemption from liability to pay income-tax on certain perquisites received by a Judge. 23. Facilities for medical treatment and other conditions of service. 23A. Vacation of High Courts. 23B.[Omitted.] 23C. Special provisions in respect of Judges transferred from the High Court of Jammu and Kashmir. 23D. Medical facilities for retired Judges. 24. Power to make rules. 25. [Omitted.] THE FIRST SCHEDULE.—PENSIONS OF JUDGES. THE SECOND SCHEDULE.—INJURY GRATUITIES AND PENSIONS. 2 ----- # THE HIGH COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) ACT, 1954 ACT NO. 28 OF 1954 [20th May, 1954.] # An Act to regulate [1][salaries and certain conditions of service] of the Judges of High Courts [2]*** BE it enacted by Parliament in the Fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1.** **Short title.—This Act may be called the High Court Judges [3][(Salaries and Conditions of Service)]** Act, 1954. **2.** **Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “acting Chief Justice” means a Judge appointed under article 223 of the Constitution to perform the duties of the Chief Justice; (b) “acting Judge “ means a person [4]*** appointed to act as a Judge [5]*** [6][under clause (2) of article 224 of the Constitution]; (c) “actual service” includes— (i) time spent by a Judge on duty as a Judge or in the performance of such other functions as he may, at the request of the President of India, undertake to discharge; (ii) vacations, excluding any time during which the Judge is absent on leave; (iii) Joining time on transfer from a High Court to the Supreme Court or from one High Court to another or from the Supreme Court to a High Court; (iv) time spent by a Judge on duty as a Judge of a former Indian High Court; (v) time spent by a Judge to attend the sittings of the Supreme Court as an ad hoc Judge under article 127 of the Constitution; and (vi) vacation (excluding any time during which the Judge was absent on leave) taken by a Judge as a Judge of a former Indian High Court; (d) “additional Judge” means a person [4]*** appointed as an additional Judge [7]*** [8][under clause (1) of article 224 of the Constitution]; 9* - - - (f) “High Court” means a High Court [10][for a State] and includes a High Court which was exercising Jurisdiction [11][in a Part A State or] in the corresponding Province before the commencement of the Constitution; (g) “Judge” means a Judge of a High Court and includes the Chief Justice [12][an acting Chief Justice, an additional Judge and an acting Judge of the High Court]; 1. Subs. by Act 18 of 1998, s. 2, for “certain conditions of service” (w.e.f. 1-1-1996). 2. The words and letter “in Part A States” omitted by the Adaptation of Laws (No. 3) Order, 1956 (w.e.f. 1-11-1956). 3. Subs. by Act 18 of 1998, s. 3, for “(Conditions of Service)” (w.e.f. 1-1-1996). 4. The words “who was” omitted by the Adaptation of Laws (No. 3) Order, 1956 (w.e.f. 1-11-1956). 5. The words, brackets and figures “under sub-section (2) of section 222 of the Government of India Act, 1935 or” Omitted by Act 13 of 2016, s. 2 (w.e.f. 5-4-2016). 6. The words, brackets and figures “or under clause (2) of article 224 of the Constitution” were inserted by the Adaptation of Laws (No.3) Order, 1956 (w.e.f. 1-11-1956). 7. The words, brackets and figures “under sub-section (3) of section 222 of the Government of India Act, 1935 or” omitted by Act 13 of 2016, s. 2 (w.e.f. 5-4-2016). 8. The words, brackets and figures “under clause (1) of article 224 of the Constitution” were inserted by the Adaptation of Laws (No.3) Order, 1956 (w.e.f. 1-11-1956). 9. Clause (e) omitted by Act 13 of 2016, s. 2 (w.e.f. 5-4-2016). 10. Subs. by the Adaptation of Laws (No.3) Order, 1956, for “in any Part A State” (w.e.f. 1-11-1956). 11. Ins. by Adaptation of Laws (No.3) Order, 1956 (w.e.f. 1-11-1956). 12. Subs. by Act 46 of 1958, s. 2, for “and acting Chief Justice of a High Court” (w.e.f. 1-11-1956). 3 ----- 1[(gg) “pension” means a pension of any kind whatsoever payable to or in respect of a Judge, and includes any gratuity or other sum or sums so payable by way of death or retirement benefits;] (h) “service for pension” includes— (i) actual service; 2[(ii) the amount, actually taken, of each period of leave on full allowances at a rate equal to the monthly rate of the salary;] (iii) joining time on return from leave out of India; (i) “prescribed” means prescribed by rules made under this Act. (2) In the calculation of service for the purposes of this Act, [3][service for any period or periods as acting Judge or additional Judge] shall be reckoned as service as a Judge but, save as otherwise expressly provided, previous service as an acting Chief Justice shall not be reckoned as service as Chief Justice. 4* - - - CHAPTER II LEAVE **3.** **Kinds of leave admissible to a judge.—(1) Subject to the provisions of this Act, leave granted to** a Judge may be at his option either— 5[(a) leave on full allowances (including commuted leave on half allowances into leave or full allowances on medical certificate); or] (b) leave on half allowances; or (c) leave partly on full allowances and partly on half allowances. (2) For the purposes of this Chapter, any period of leave on full allowances shall be reckoned as double that period of leave on half allowances. 6[(3) For the purposes of this Chapter, casual leave may be admissible to a Judge in a calendar year, for such number of days and subject to such conditions as may be prescribed.] **4.** **Leave account showing the amount of leave due.—(1) A leave account shall be kept for each** Judge showing therein the amount of leave due to him in terms of leave on half allowances. (2) In the leave account of a Judge— (a) there shall be credited to him— (i) one-fourth of the time spent by him on actual service;[7]*** (ii) where the Judge, by reason of his having been detained for the performance of duties not connected with the High Court, cannot enjoy any vacation which would otherwise have been entitled to enjoy had he not been so detained, as compensation for the vacation not enjoyed, a period equal to double the period by which the vacation enjoyed by him in any year falls short of one month; and 1. Ins. by Act 50 of 1961, s. 2 (w.e.f. 20-5-1954). 2. Subs. by Act 57 of 1980, s. 2, for sub-clause (ii) (w.e.f. 10-12-1980). 3. Subs. by Act 13 of 2016, s. 2, for certain words (w.e.f. 5-4-2016). 4. Sub-sections (3) and (4) omitted by s. 2, ibid. (w.e.f. 5-4-2016). 5. Subs. by Act 78 of 1971, s. 3, for clause (a) (w.e.f. 15-1-1972). 6. Ins. by Act 13 of 2016, s. 3 (w.e.f. 5-4-2016). 7. The word “and” omitted by Act 38 of 1986, s. 2 (w.e.f. 1-11-1986). 4 ----- 1[(iii) where the Judge had, prior to his appointment as such, held any pensionable post under the Union or a State, the period of leave earned by him in the said post, [2]*** and] (b) there shall be debited to him all leave with all by him. 3[4A. Leave encashment.—A Judge shall be entitled in his entire service, including the period of service rendered in a pensionable post under the Union or State or on re-employment, if any, to claim the cash equivalent of leave salary on his retirement [4][in respect of the period of leave at his credit, calculated calculated on full allowances basis,] to the extent of the maximum period prescribed for encashment of such leave under the All India Service (Leave) Rules, 1955.] **5.** **Aggregate amount of leave which may be granted.—(1)The aggregate amount of leave which** may be granted to a Judge during the whole period of his service as such shall not exceed in terms of leave on half allowances three years together with the aggregate of the periods, if any, credited to his leave account under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed. (2) The aggregate amount of leave on full allowances which may be granted to a Judge during the whole period of his service as such shall not exceed one-twenty-fourth of the period spent by him on actual service together with one-half of the aggregate periods, if any, credited to his leave account under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed. (3) [5][Subject to the provisions of sub-section (2) of section 5A, the maximum period of leave which may be granted] at one time shall be, in the case of leave on full allowances, five months and in the case of leave with allowances of any kind, sixteen months. **6[5A. Commutation of leave on half allowances into leave on full allowances.—(1)** Notwithstanding anything contained in sub-section (2) of section 5, a Judge may be permitted to commute leave on half allowances into leave on full allowances on medical certificate up to a maximum of three months during the whole period of his service as a Judge. (2) In computing the maximum period of leave on full allowances which may be granted at one time to Judge under sub-section (3) of section 5, the amount of commuted leave permitted to him under this section shall not be taken into account.] **6.** **Grant of leave not due.—Subject to the maximum limit specified in sub-section (1) of section 5,** leave on half allowances may be granted to a Judge in excess of the amount at his credit— (i) on medical certificate; or (ii) otherwise than on medical certificate, for not more than six months [7][or for two or more periods, not exceeding in the aggregate, six months] during the whole period of his service as a Judge: Provided that no such leave shall be granted if the Judge is not expected to return to duty at the end of such leave and earn the leave granted. **7.** **Special disability leave.—The rules for the time being in force with respect to the grant of special** disability leave in relation to an officer of the Central Civil Services, Class I who has entered service on or after the 16th July, 1931 and who may be disabled by injury caused in, or in consequence of, the due performance of his official duties or in consequence of his official position, shall apply in relation to a Judge. 1. Ins. by Act 38 of 1986, s. 2 (w.e.f. 1-11-1986). 2. The words “so, however, that such period shall not exceed two hundred and forty days in terms of leave on full allowances” omitted by Act 7 of 1999, s. 2 (w.e.f. 8-1-1999). 3. Ins. by s. 3, ibid. (w.e.f. 8-1-1999). 4. Subs. by Act 13 of 2016, s. 4, for “in respect of the period of earned leave at his credit” (w.e.f. 5-4-2016). 5. Subs. by Act 78 of 1971, s. 4, for “the maximum period of leave which may be granted” (w.e.f. 15-1-1972). 6. Ins. by s. 5, ibid. (w.e.f. 15-1-1972). 7. Subs. by Act 46 of 1958, s. 3, for “and not more than once” (w.e.f. 1-11-1956). 5 ----- 8. **Extraordinary leave.—[1][Extraordinary leave may be granted to a Judge for a period not** exceeding six months, or for two or more periods, not exceeding in the aggregate, six months] during the whole period of his service as a Judge in excess of any leave permissible under the foregoing provisions of this Chapter, but no salary or allowances shall be payable during, or in respect of, such leave. **2[9. Leave allowances.—The monthly rate of leave salary payable to a Judge shall be in accordance** with the provisions of sub-section (1) of section 3.] 10.[Allowances for joining time.]Omitted by the High Court and the Supreme Court Judges (Salaries _and Conditions of Service) Amendment Act, 2016 (13 of 2016), s. 6 (w.e.f. 5-4-2016)._ **11.** **Combining leave with vacation.—A Judge may be permitted to combine vacation on full salary** with leave, if.— (a) where the vacation consists of one continuous period, the leave is taken either at the commencement or at the end of the vacation but not a both; (b) where the vacation is divided into two separate periods, the leave is taken for the interval, or part of the interval, between the two periods of that vacation, or for the interval, or part of the interval, between the second period of that vacation and the commencement of the next ensuing vacation: Provided that no such permission to combine vacation with leave shall be granted if it becomes necessary to appoint an acting Chief Justice during the period of vacation or if the Judge is not expected to return to duty at the end of such leave. **12.Consequences of overstaying leave or vacation.—If a Judge overstays his leave or any vacation,** whether combined with leave or not, he shall receive no salary for the period of his absence in excess of leave granted to him or beyond the end of the vacation, as the case may be: Provided that if such absence is due to circumstances beyond his control, the period thereof may be treated as leave and may be debited to his leave account. **13.Authority competent to grant leave, etc.—The authority competent to grant or refuse leave to a** Judge or revoke or curtail leave granted to a Judge shall be the Governor of the State in which the principal seat of the High Court is situate, after consultation with the Chief Justice of that High Court. CHAPTER III 3 [SALARIES AND PENSIONS] **4[13A. Salaries of the Judges.—(1) There shall be paid to the Chief Justice of a High Court, by way** of salary, [5][ [6][two lakh fifty thousand rupees per mensem] ]. (2) There shall be paid to a Judge of a High Court, by way of salary, [7][ [8][two lakh twenty-five thousand rupees per mensem].] **14.** **Pension payable to Judges.—Subject to the provisions of this Act, every Judge shall, on his** retirement, be paid a pension in accordance with the scale and provisions in Part I of the First Schedule: Provided that no such pension shall be payable to a Judge unless— 1. Subs. by Act 46 of 1958, s. 4, for “Extraordinary leave not exceeding six months in duration may be granted to a Judge not more than once” (w.e.f. 1-11-1956). 2. Subs. by Act 13 of 2016, s. 5, for section 9 (w.e.f. 5-4-2016). 3. Subs. by Act 18 of 1998, s. 4, for “pension” (w.e.f. 1-1-1996). 4. Ins. by s. 4, ibid. (w.e.f. 1-1-1996). 5. Subs. by Act 23 of 2009, s. 2, for “thirty thousand rupees per mensem” (w.e.f. 1-1-2006). 6. Subs. by Act 10 of 2018, s. 2, for “ninety thousand rupees per mensem” (w.e.f. 1-1-2016). 7. Subs. by Act 23 of 2009, s. 2, for “twenty-six thousand rupees per mensem” (w.e.f. 1-1-2006). 8. Subs. by Act 10 of 2018, s. 2, for “eighty thousand rupees per mensem” (w.e.f. 1-1-2016). 6 ----- (a) he has completed not less than twelve years of service for pension; or 1[(b) he has attained the age of sixty-two years; or;] (c) his retirement is medically certified to be necessitated by ill-health: 2[Provided further that if a Judge at the time of his appointment is in receipt of a pension (other than a a disability or wound pension) in respect of any previous service in the Union or a State, the pension payable under this Act shall be in lieu of, and not in addition to, that pension.] 3[Explanation.—In this section “Judge” means a Judge who has not held any other pensionable post under the Union or a State and includes a Judge who having held any other pensionable post under the Union or a State has elected to receive the pension payable under Part I of the First Schedule.] **4[14A. Benefit of added years of service.—Subject to the provisions of this Act, a period of ten years** years shall be added and shall be deemed to have been added from the 1st day of April, 2004 for the purposes of pension, to the service of a Judge who is appointed as such Judge under sub-clause (b) of clause (2) of article 217 of the Constitution.] **15.** **Special provision of pension in respect of Judges who are members of service.—[5][(1)] Every** Judge— 6* - - - (b) who [7]*** has held any other [8][pensionable post] under the Union or a State, shall, on his retirement, be paid a pension in accordance with the scale and provisions in Part III of the First Schedule: Provided that every such Judge shall elect to receive the pension payable to him either under Part I of the First Schedule or, [9]*** Part III of the First Schedule, and the pension payable to him shall be calculated accordingly. 10[(2) Notwithstanding anything contained in sub-section (1), any Judge to whom that sub-section applies and who is in service on or after the 1st day of October, 1974, may, if he has elected under the proviso to that sub-section to receive the pension payable to him under [11]*** Part III of the First Schedule before the date on which the High Court Judges (Conditions of Service) Amendment Act, 1976 (35 of 1976) receives the assent of the President, cancel such election and elect afresh to receive the pension payable to him under Part I of the First Schedule and any such Judge who dies before the date of such assent shall be deemed to have elected afresh to be governed by the provisions of the said Part I if the provisions of that Part are more favourable in his case.] **16.** **Power of President to add to the service for pension.—The President of India may for special** reasons direct that any period not exceeding three months shall be added to the service for pension of a Judge: Provided that the period so added shall be disregarded in calculating any additional pension under Part I or [12]*** Part III of the First Schedule. 1. Subs. by Act 13 of 2016, s. 7 (w.e.f. 5-4-2016). 2. Ins. by Act 46 of 1958, s. 5 (w.e.f. 1-11-1956). 3. Subs. by Act 13 of 2016, s. 7, for the Explanation (w.e.f. 5-4-2016). 4. Ins. by s. 8, ibid. (w.e.f. 5-4-2016). 5. Section 15 renumbered as sub-section (1), thereof by Act 35 of 1976, s. 2 (w.e.f. 1-10-1974). 6. Clause (a) omitted by Act 13 of 2016, s. 9 (w.e.f. 5-4-2016). 7. The words “is not a member of the Indian Civil Service but” omitted by s. 9, ibid. (w.e.f. 5-4-2016). 8. Subs. by Act 57 of 1980, s. 4, for “pensionable civil post” (w.e.f. 10-12-1980). 9. The words and figures “as the case may be, Part II or” omitted by Act 13 of 2016, s. 9(w.e.f. 5-4-2016). 10. Ins. by Act 35 of 1976, s. 2 (w.e.f. 1-10-1974). 11. The words and figures “Part II or, as the case may be,” omitted by Act 13 of 2016, s. 9 (w.e.f. 5-4-2016). 12. The words and figures “Part II or” omitted by s. 10, ibid. (w.e.f. 5-4-2016). 7 ----- **17.** **Extraordinary pensions.—The rules for the time being in force with respect to the grant of** extraordinary pensions and gratuities in relation to an officer of the Central Civil Services, Class I who has entered service on or after the 1st April, 1937 and who may suffer injury or die as a result of violence, shall apply in relation to a Judge, subject, however, to the modification that references in those rules to tables of injury, gratuities and pensions and of family gratuities and pensions, shall be construed as references to the tables in the Second Schedule. 1[17A. Family pensions and gratuities.—2[ 3[(1)] Where a Judge who, being in service on or after the commencement of the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1986 (38 of 1986), dies, whether before or after retirement in circumstances to which section 17 does not apply, family pension calculated at the rate of [4][fifty per cent. of his salary] [5]*** on the date of his death shall be payable to the person or persons entitled thereto and the amount so payable shall be paid from the day following the date of death of the Judge for a period of seven years or for a period up to the date on which the Judge would have attained the age of sixty-five years, had he survived, whichever is earlier, [6][ [7][and thereafter at the rate of thirty per cent of his salary [8]***.]] 9[Provided that in no case the amount of family pension calculated under this sub-section shall exceed exceed the pension payable to the Judge under this Act.] _Explanation.—For the purposes of determining the person or persons entitled to family pension under_ this sub-section,— (i) in relation to a Judge who elects or is eligible to receive pension under Part I of the First Schedule, the rules, notifications and orders for the time being in force with regard to the person or persons entitled to family pension in relation to an officer of the Central Civil Services, Group ‘A’, shall apply; (ii) in relation to a Judge who elects to receive pension under [10]*** Part III of the First Schedule, the ordinary rules of his service if he had not been appointed a Judge with respect to the person or persons entitled to family pension shall apply and his service as a Judge being treated as service therein. (2) Where any Judge, who has elected to receive the pension payable to him under [9]*** Part III of the First Schedule, retires, or dies in circumstances to which section 17 does not apply, gratuity, if any, shall be payable to the person or persons entitled thereto under the ordinary rules of his service if he had not been appointed a Judge, his service as a Judge being treated as service therein for the purpose of calculating that gratuity.] (3) The rules, notifications and orders for the time being in force with respect to the grant of death cum-retirement gratuity benefit to or in relation to an officer of the Central Civil Services, Class I (including the provisions relating to deductions from pension for the purpose) shall apply to or in relation to the grant of death-cum-retirement gratuity benefit to or in relation to a Judge who, being in service on or after the 1st day of October, 1974, retires, or dies in circumstances to which section 17 does not apply, subject to the modifications that— (i) the minimum qualifying service for the purpose of entitlement to the gratuity shall be two years and six months; 1. Ins. by Act 50 of 1961, s. 3 (w.e.f. 20-5-1954). 2. Section 17A renumbered as sub-section (1) thereof by Act 35 of 1976, s. 2 (w.e.f. 1-10-1974). 3. Subs. by Act 38 of 1986, s. 3, for sub-sections (1) and (2) (w.e.f. 1-11-1986). 4. Subs. by Act 7 of 2003, s. 2, for “sixty per cent. of the pension admissible to him” (w.e.f. 1-1-1996). 5. The words “plus fifty per cent. of his dearness pay” omitted by Act 23 of 2009, s. 3 (w.e.f. 1-1-2006). 6. Subs. by Act 7 of 2003, s. 2, for “and thereafter at the rate of half of the family pension so admissible” (w.e.f. 1-1-1996). 7. Subs. by Act 46 of 2005, s. 2, for “and thereafter at the rate of thirty per cent. of his salary subject to a minimum of three hundred and seventy-five rupees per months” (w.e.f. 1-1-1996). 8. The words “plus thirty per cent. of his dearness pay subject to a minimum of one thousand nine hundred and thirteen rupees per month” omitted by Act 23 of 2009, s. 3 (w.e.f. 1-1-2006). 9. The proviso inserted by Act 7 of 2003, s. 2 (w.e.f. 1-1-1996). 10.The words and figures “Part II or” omitted by Act 13 of 2016, s. 11 (w.e.f. 5-4-2016). 8 ----- (ii) the amount of gratuity shall be calculated on the basis of [1][ten days’] salary for [2][each completed six months period] of service as a Judge;[3]*** 4* - - - _Explanation.—In[5][sub-section (3)], the expression “Judge” has the same meaning as in section 14.]_ 6[17B. Additional quantum of pension or family pension.— Every retired Judge or after his death, the family, as the case may be, shall be entitled to an additional quantum of pension or family pension in accordance with the following scale:— Age of Pensioner or family Pensioner Additional quantum of pension or family pension. From eighty years to less than eightyfive years From eighty-five years to less than ninety years From ninety years to less than ninetyfive years From ninety-five years to less than hundred years Twenty per cent. of basic pension or family pension Thirty per cent. of basic pension or family pension Forty per cent. of basic pension or family pension Fifty per cent. of basic pension or family pension From hundred years or more Hundred per cent. of basic pension or family pension.] 7[Explanation.—For the removal of doubts, it is hereby clarified that any entitlement for additional quantum of pension or pension shall be, and shall be deemed always to have been, from the first day of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale.] **18.[Conversion of sterling pension into rupees.] Omitted by the High Court and the Supreme Court** _Judges (Salaries and Conditions of Service) Amendment Act, 2016 (13 of 2016), s. 12 (w.e.f. 5-4-2016)._ **19.** **Commutation of Pensions.—The Civil Pensions (Commutation) Rules for the time being in** force shall, with necessary modifications, apply to Judges. **20.** **Provident Fund.—Every Judge shall be entitled to subscribe to the General Provident Fund** (Central Services): Provided that a Judge who [8]*** has held any other pensionable civil post under the Union or a State shall continue to subscribe to the Provident Fund to which he was subscribing before his appointment as a Judge: 9* - - - 10[20A.Deposit Linked Insurance Scheme.—The Deposit Linked Insurance Scheme for the time being in force under the General Provident Fund (Central Services) Rules, 1960, shall apply to every Judge whether he subscribes to the General Provident Fund (Central Services) or any other Provident Fund referred to in section 20]. 1. Subs. by Act 7 of 1999, s. 4, for “twenty days” (w.e.f. 1-1-1996). 2. Subs. by s. 4, ibid., for “each completed year” (w.e.f. 1-1-1996). 3. The word “and” omitted by 20 of 1988, s. 2 (w.e.f. 1-1-1986). 4. Clause (iii) omitted by s. 2, ibid. (w.e.f. 1-1-1986). 5. Subs. by Act 38 of 1986, s. 3, for “sub-sections (2) and (3)” (w.e.f. 1-11-1986). 6. Ins. by Act 23 of 2009, s. 4 (w.e.f. 1-1-2006). 7. Ins. by Act 44 of 2021, s. 2 (w.e.f. 18-12-2021). 8. The words “is a member of the Indian Civil Service or” omitted by Act 13 of 2016, s. 13 (w.e.f. 5-4-2016). 9. The second proviso omitted by s. 13, ibid. (w.e.f. 5-4-2016). 10. Ins. by Act 38 of 1986, s. 4 (w.e.f. 5-9-1977). 9 ----- **21.** **Authority competent to grant pension.—Save as may be otherwise expressly provided in the** relevant rules relating to the grant of extraordinary pensions and gratuities, the authority competent to grant pension to a Judge under the provisions of this Act shall be the President of India. CHAPTER IV MISCELLANEOUS **22.** **Travelling allowances to a Judge.—Every Judge shall receive such reasonable allowances to** reimburse him for expenses incurred in travelling on duty within the territory of India and shall be afforded such reasonable facilities in connection with travelling as may, from time to time, be prescribed. 1[22A. Facility of rent-free houses.—(1) Every Judge shall be entitled without payment of rent to the the use of an official residence in accordance with such rules as may, from time to time, be made in this behalf. 2[(2) Where a Judge does not avail himself of the use of an official residence, he may be paid every month an allowance equivalent to an amount of twenty-four per centum of the salary which shall be increased at the rate of— (a) twenty-seven per centum, when Dearness Allowance crosses twenty-five per centum; and (b) thirty per centum, when Dearness Allowance crosses fifty per centum]. **3[22B.Conveyance facilities.—Every Judge shall be entitled to a staff car and 4[two hundred litres of** of fuel every month or the actual consumption of fuel] per month, whichever is less. 5[22C.Sumptuary allowance.—The Chief Justice and each of the other Judges of every High Court shall be entitled to a sumptuary allowance of [6][thirty-four thousand" and "twenty-seven thousand] rupees per month respectively.]] **7[22D.Exemption from liability to pay income-tax on certain perquisites received by a Judge.—** Notwithstanding anything contained in the Income-tax Act, 1961 (43 of 1961),— (a) the value of rent-free official residence provided to a Judge under sub-section (1) of section 22A or the allowance paid to him under sub-section (2) of that section; (b) the value of the conveyance facilities provided to a Judge under section 22B; (c) the sumptuary allowance provided to a Judge under section 22C; 8[(d) the value of leave travel concession provided to a judge and members of his family,] shall not be included in the computation of his income chargeable under the head “Salaries” under section 15 of the Income- tax Act 1961 (43 of 1961).] **23.** **Facilities for medical treatment and other conditions of service.—(1) Every Judge and the** members of his family shall be entitled to such facilities for medical treatment and for accommodation in hospitals as may, from time to time, be prescribed. (2) The conditions of service of a Judge for which no express provision has been made in this Act shall be such as may be determined by rules made under this Act. (3) This section shall be deemed to have come into force on the 26th January, 1950 and any rule made under this section may be made so as to be retrospective to any date not earlier than the commencement of this section. 1. Ins. by Act 35 of 1976, s. 4 (w.e.f. 1-10-1974). 2. Subs. by Act 10 of 2018, s. 3, for sub-section (2) (w.e.f. 1-7-2017). 3. Subs. by Act 38 of 1986, s. 5, for sub-sections 22B and 22C (w.e.f. 1-11-1986). 4. Subs. by Act 20 of 1996, s. 4, for “one hundred and fifty liters of petrol every month or the actual consumption of Petrol” (w.e.f. 11-1-1996). 5. Subs. by Act 23 of 2009, s. 6, for section 22C (w.e.f. 1-1-2006). 6. Subs. by Act 10 of 2018, s. 4, for "fifteen thousand" and "twelve thousand" (w.e.f. 22-9-2017). 7. Subs. by Act 20 of 1988, s. 3, for section 22D (w.e.f. 1-11-1986). 8. Ins. by Act 2 of 1994, s. 2 (w.e.f. 1-4-1986). 10 ----- **1[23A. Vacation of High Courts.—(1) Every High Court shall have a vacation or vacations for such** period or periods as may, from time to time, be fixed by the President, by order notified in this behalf in the Official Gazette, and every such order shall have effect notwithstanding anything contained in any other law, rule or order regulating the vacation of the High Court. (2) Every order made under sub-section (1) shall be laid before each House of Parliament. **23B.[Special provisions in respect of continuing Judges.]Omitted by the High Court and the Supreme** _Court Judges (Salaries and Conditions of Service) Amendment Act, 2016 (13 of 2016), s. 14 (w.e.f. 5-4-_ 2016). **2[23C. Special provisions in respect of Judges transferred from the High Court of Jammu and** **Kashmir.—(1) In the calculation of service for pension of a Judge of the High Court of Jammu and** Kashmir transferred to any other High Court, his service for pension as a Judge of the High Court of Jammu and Kashmir shall also be reckoned as service for pension under this Act. (2) In the calculation of the amount of leave at the credit of a Judge of the High Court of Jammu and Kashmir transferred to any other high Court, the amount of leave due to him as a Judge of the High Court of Jammu and Kashmir shall be added to the amount of leave at his credit under this Act.] **STATE AMENDMENT** **Jammu and Kashmir and Ladakh (UTs)** **Section 23C.—Omit** [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E), dated (18-3-2020) and _Vide Union Territory of Ladakh Reorganisation_ (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] **3[23D. Medical facilities for retired Judges.—(1) Every retired Judge shall, with effect from the** date on which the High Court Judges (Conditions of Service) Amendment Act, 1976 (35 of 1976) receives the assent of the President, be entitled, for himself and his family, to the same facilities as respects medical treatment and on the same conditions as a retired officer of the Central Civil Services, Class I, and his family, are entitled under any rules and orders of the Central Government for the time being in force. (2) Notwithstanding anything contained in sub-section (1) but subject to such conditions and restrictions as the Central Government may impose, a retired Judge of the High Court for a State may avail, for himself and his family, any facilities for medical treatment which the Government of that State may extend to him.] **24. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) leave of absence of a Judge; 4[(aa) the number of casual leaves and the conditions subject to which it may be allowed under sub-section (3) of section 3;] 1. Ins. by Act 46 of 1958, s. 7 (w.e.f. 1-11-1956). 2. Ins. by Act 27 of 1964, s. 3 (w.e.f.20-5-1954). 3. Ins. by Act 35 of 1976, s. 5 (w.e.f.1-10-1974). 4. Ins. by Act 13 of 2016, s. 15 (w.e.f.5-4-2016) 11 ----- (b) pension payable to a Judge; (c) travelling allowances to a Judge; 1[(ca) use of official residence by a Judge under sub-section (1) of section 22A;] (d) facilities for medical treatment and other conditions of service of a Judge; (e) any other manner which has to be, or may be, prescribed. 2[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **_25._** **[Savings.]Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of** _Service) Amendment Act, 2016 (13 of 2016), s. 16 (w.e.f. 5-4-2016)._ 1. Ins. by Act 35 of 1976, s. 6 (w.e.f.1-10-1974). 2. Subs. by s. 6, ibid., for sub-section (3) (w.e.f.1-10-1974). 12 ----- THE FIRST SCHEDULE (See sections 14 and 15) PENSIONS OF JUDGES PART I 1[1. The provisions of this Part apply to a Judge who has not held any other pensionable post under the Union or a State or a Judge who having held any other pensionable post under the Union or a State has elected to receive the pension payable under this Part.] 2[2. Subject to the other provisions of this Part, the pension payable to a Judge to whom this Part applies [3]*** for pension shall be,— (a) for service as Chief Justice in any High Court, [4][[5][Rs. 1,21,575]] per annum for each completed year of service; (b) for service as any other Judge in any High Court, [6][[7][Rs. 96,524] ] per annum for each completed year of service: Provided that the pension under this paragraph shall in no case exceed [8][ [9][Rs. 15,00,000] ] per annum annum in the case of a Chief Justice and [10][ [11][Rs. 13,50,000] ] per annum in the case of any other Judge]. 12* - - - 13[6. A Judge who has rendered service for pension both as Chief Justice and other Judge in any High Court may claim that any period of service of less than a completed year rendered by him as Chief Justice, or any portion of any such period, shall be treated for the purposes of paragraph 2 as service rendered by him as other Judge]. 7. For the purposes of this Part, service as an acting Chief Justice of a High Court or as an _ad hoc_ Judge of the Supreme Court, shall be treated as though it were service rendered as Chief Justice of a High Court. 14* - - - 15* - - - 1. Subs. by Act 13 of 2016, s. 17, for para 1 (w.e.f. 5-4-2016). 2. Subs. by Act 20 of 1988, s. 4, for para 2 (w.e.f. 1-11-1986). 3. The words “and who has completed not less than seven years of service” omitted by Act 13 of 2016, s. 17 (w.e.f. 5-4-2016). 4. Subs. by Act 23 of 2009, s. 7, for “Rs. 21,945” (w.e.f. 1-1-2006). 5. Subs. by Act 10 of 2018, s. 5, for "Rs. 43,890" (w.e.f. 1-1-2016). 6. Subs. by Act 23 of 2009, s. 7, for “16,725” (w.e.f. 1-1-2006). 7. Subs. by Act 10 of 2018, s. 5, for “Rs. 34,350” (w.e.f. 1-1-2016). 8. Subs. by Act 23 of 2009, s. 7, for “Rs. 2, 70, 000” (w.e.f. 1-1-2006). 9. Subs. by Act 10 of 2018, s. 5, for “Rs. 5, 40, 000” (w.e.f. 1-1-2016). 10. Subs. by Act 23 of 2009, s. 7, for “Rs. 2, 34, 000” (w.e.f. 1-1-2006). 11. Subs. by Act 10 of 2018, s. 5, for “Rs. 4, 80, 000” (w.e.f. 1-1-2016). 12. Paragraphs 3 to 5 omitted by Act 20 of 1988, s. 4 (w.e.f. 1-11-1986). 13. Subs. by s. 4, ibid., for para 6 (w.e.f. 1-11-1986). 14. Paragraphs 8 and 9 omitted by Act 13 of 2016, s. 17 (w.e.f. 5-4-2016). 15. Paragraphs 10 and 11 omitted by Act 20 of 1988, s. 4 (w.e.f. 1-11-1986). 13 ----- 1*** PART III 1. The provisions of this Part apply to a Judge who has held any [2][pensionable post] under the Union or a State (but is not a member of the Indian Civil Service) and who has not elected to receive the pension payable under Part I. 2. The pension payable to such a Judge shall be— (a) the pension to which he is entitled under the ordinary rules of his service if he had not been appointed a Judge, his service as a Judge being treated as service therein for the purpose of a calculating that pension; and (b) a special additional pension of [3][ [4][Rs. 45,016] ] per annum in respect of each completed year of service for pension, [5]*** 6[Provided that the pension under clause (a) and the additional pension under clause (b) together shall shall in no case exceed [7][ [8][Rs. 15,00,000] ] per annum in the case of a Chief Justice and [7][ [9][Rs. 13,50,000] ] per annum in the case of any other Judge.] 10* - - - 1. Part II omitted by Act 13 of 2016, s. 17 (w.e.f. 5-4-2016). 2. Subs. by Act 57 of 1980, s. 6, for “Civil Pensionable post” (w.e.f. 10-12-1980). 3. Subs. by Act 23 of 2009, s. 7, for “Rs. 7,800” (w.e.f. 1-1-2006). 4. Subs. by Act 10 of 2018, s. 5, for “Rs. 16,020” (w.e.f. 1-1-2016). 5. Certain words omitted by Act 46 of 1958, s. 6 (w.e.f. 1-1-1996). 6. Ins. by Act 20 of 1988, s. 4 (w.e.f. 1-11-1986). 7. Subs. by Act 23 of 2009, s. 7, for “Rs. 2, 70,000” and “Rs. 2, 34,000” (w.e.f. 1-1-2006). 8. Subs. by Act 10 of 2018, s. 5, for “Rs. 5,40,000" (w.e.f. 1-1-2016). 9. Subs. by s. 5, ibid., for "Rs. 4,80,000" (w.e.f. 1-1-2016). 10. Paragraphs 3 and 4 omitted by Act 20 of 1988, s. 4 (w.e.f. 1-11-1986). 14 ----- THE SECOND SCHEDULE (See section 17) INJURY GRATUITIES AND PENSIONS Officer Gratuity Annual Pension Higher Scale Lower Scale Rs. Rs. Rs. 1. Chief Justice 20,000 5,400 4,700 2. Any other Judge 13,500 4,700 4,000 FAMILY GRATUTIESAND PENSIONS _A. Widow_ Officer Gratuity Annual Pension Rs. Rs. 1. Chief Justice 15,000 5,000 2. Any other Judge 13,500 4,000 _B. Children_ Officer Annual Pension If motherless if not motherless Rs. Rs. 1. Chief Justice 550 320 2. Any other Judge 550 320 15 -----

22-May-1954

30

The Salary, Allowances and Pension of Members of Parliament Act, 1954

https://www.indiacode.nic.in/bitstream/123456789/1438/1/A1954_30.pdf

central

# THE SALARY, ALLOWANCES AND PENSION OF MEMBERS OF PARLIAMENT ACT, 1954 __________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Salaries and daily allowances. 4. Travelling allowances. 5. Travelling allowances for intermediate journeys. 5A. Transit accommodation. 6. Free transit by Railway. 6A. Free transit by Steamer. 6AA. Special facility to members from Ladakh. 6B. Travel facilities to members. 6C. Air travel facilities in certain circumstances. 6D. Special facilities to blind and physically incapacitated Members. 7. Allowances during short intervals between the termination of one session and the commencement of another session, etc. 8. Constituency allowance and amenities. 8A. Pension. 8AA. Travel facility to ex-Members. 8AB. Rounding off period of pension. 8AC. Family pension. 8B. Advances for purchase of conveyance. 9. Power to make rules. 10. [Repealed.] 1 ----- # THE SALARY, ALLOWANCES AND PENSION OF MEMBERS OF PARLIAMENT ACT, 1954 ACT NO. 30 OF 1954 [22nd May, 1954.] # An Act to provide for the [1][salary, allowances and pension] of Members of Parliament. BE it enacted by Parliament in the Fifth Year of the Republic of India as follows:― **1. Short title and commencement.―(1) This Act may be called the [2][Salary, Allowances and** Pension] of Members of Parliament Act, 1954. (2) It shall come into force on the first day of June, 1954. **2. Definitions.― In this Act,―** (a) “committee” means a Committee of either House of Parliament, and includes a Joint Committee of both Houses; 3[(aa) “dependent” means any of the following relatives of a deceased member, namely:― (i) a minor legitimate son, and an unmarried legitimate daughter and a widowed mother; or (ii) if wholly dependent on the earnings of the member at the time of his death, a son or a daughter who has attained the age of eighteen years and who is infirm; or (iii) if wholly or in part dependent on the earnings of the member at the time of his death,― (a) the parent; or (b) a minor brother or an unmarried sister; or (c) a widowed daughter-in-law; or (d) a minor child of a pre-deceased son; or (e) a minor child of a pre-deceased daughter where no parent of the child is alive; or (f) the paternal grandparent if no parent of the member is alive; or (g) such other person as may be specified by the rules made under section 9 by the Joint Committee;] (b) “member” means a member of either House of Parliament, [4][but, save as otherwise expressly provided in this Act, does not include]― (i) a Minister as defined in the Salaries and Allowances of Ministers Act, 1952 (58 of 1952); [5]*** 6[(ii) a Leader of the Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (33 of 1977); and] 7[(iii)] an officer of Parliament as defined in the Salaries and Allowances of Officers of Parliament Act, 1953 (20 of 1953); 1. Subs. by Act 105 of 1976, s. 2, for “salaries and allowances” (w.e.f. 9-9-1976). 2. Subs. by s. 3, ibid., for “Salaries and Allowances” (w.e.f. 9-9-1976). 3. Ins. by Act 9 of 2004, s. 2 (w.e.f. 9-1-2004). 4. Subs. by Act 55 of 1958, s. 2, for “but does not include” (w.e.f. 30-12-1958). 5. The word “and” omitted by Act 33 of 1977, s. 11 (w.e.f. 1-11-1977). 6. Ins. by s. 11, ibid. (w.e.f. 1-11-1977). 7. Sub-clause (ii) renumbered as sub-clause (iii) by s. 11, ibid. (w.e.f. 1-11-1977). 2 ----- (c) “new member” means a member who takes his seat in either House of Parliament after the commencement of this Act and includes a member who is re-elected or re-nominated; (d) “period of residence on duty” means the period during which a member resides at a place where a session of a House of Parliament or a sitting of a committee is held or where any other business connected with his duties as such member is transacted, for the purpose of attending such session or sitting or for the purpose of attending to such other business, and includes― (i) in the case of session of a House of Parliament, a period of such residence, not exceeding three days, immediately preceding the commencement of the session and a period of such residence, not exceeding three days, immediately succeeding the [1][date on which the House of Parliament is adjourned sine die or for a period exceeding seven days], and (ii) in the case of a sitting of a committee or any other business a period of such residence, not exceeding two days, immediately preceding the commencement of the business of the committee or other business and a period of such residence, not exceeding two days, immediately succeeding the conclusion of the business of the committee or other business; _Explanation.―A member who ordinarily resides at a place where a session of a House of_ Parliament or a sitting of a committee is held or where any other business connected with his duties as such member is transacted shall, for the duration of the session or sitting or the time occupied for the transaction of other business (including the three or two days immediately preceding or succeeding), be deemed to reside at such place for the purpose of attending such session or sitting or, as the case may be, for the purpose of attending to such other business; (e) “term of office” means,― (a) in relation to a person who is a member at the commencement of this Act, the period beginning with such commencement and ending with the date on which his seat becomes vacant; 2[(b) in relation to a new member,― (i) where such new member is a member of the Council of States elected in a biennial election, or nominated, to that House, the period beginning with the date of publication of the notification in the Official Gazette notifying his name under section 71 of the Representation of the People Act, 1951 (43 of 1951); or (ii) where such new member is a member of the House of the People elected in a general election held for the purpose of constituting a new House of the People, the period beginning with the date of publication of the notification of the Election Commission under section 73 of the said Act; or (iii) where such new member is a member of either House of Parliament elected in a bye-election to that House or a member nominated to the House of the People, the period beginning with the date of his election referred to in section 67A of the said Act or, as the case may be, the date of his nomination, and ending with, in each such case, the date on which his seat becomes vacant.] **3. Salaries and daily allowances.― [3][(1)] A member shall be entitled to receive [4][a salary at the** the rate of [5][one lakh rupees] per mensem] during the whole of his term of office [6][and subject to any any rules made under this Act] [7][an allowance at the rate of two thousand rupees for each day] during any period of residence on duty: 1. Subs. by Act 55 of 1958, s. 2, for “end of the session” (w.e.f. 1-6-1954). 2. Subs. by Act 105 of 1976, s. 4, for sub-clause (b) (w.e.f. 9-9-1970). 3. Section 3 numbered as sub-section (1) thereof by Act 13 of 2018, s. 142 (w.e.f. 1-4-2018). 4. Subs. by Act 37 of 2010, s. 2, for “a salary at the rate of sixteen thousand rupees per mensem” (w.e.f. 1-10-2010). 5. Subs. by Act 13 of 2018, s. 142, for “fifty thousand rupees” (w.e.f. 1-4-2018). 6. Subs. by Act 55 of 1958, s. 3, for “plus” ((w.e.f. 1-6-1954). 7. Subs. by Act 37 of 2010, s. 2, for “an allowance at the rate of one thousand rupees for each day” (w.e.f. 1-10-2010). 3 ----- 1[(1A) Notwithstanding anything contained in sub-section (1), the salary payable to Members of Parliament under sub-section (1) shall be reduced by thirty per cent. For a period of one year commencing from the 1[st] April, 2020, to meet the exigencies arising out of Corona Virus (COVID19) pandemic.] 2[Provided that no member shall be entitled to the aforesaid allowance unless he signs the register, maintained for this purpose by the Secretariat of the House of the People or, as the case may be, Council of States, on all the days (except intervening holidays for which no such signing is required) of the session of the House for which the allowance is claimed.] 3[Provided further that the rates of salary specified in this section shall be applicable from the 18th 18th day of May, 2009.] 4[(2) The salary and daily allowance of members shall be increased after every five years commencing from 1st April, 2023 on the basis of Cost Inflation Index provided under clause (v) of _Explanation to section 48 of the Income-tax Act, 1961 (43 of 1961).]_ **4. Travelling allowances.―(1) There shall be paid to each member in respect of every journey** performed by him [5][in India] for the purpose of attending a session of a House of Parliament or a meeting of a committee or for the purpose of attending to any other business connected with his duties as a member, from his usual place of residence to the place where the session or the meeting is to be held or the other business is to be transacted and for the return journey from such place to his usual place of residence― 6* - - - (b) if the journey is performed by air, an amount equal to one [7][***] air fare for each such journey; (c) if the journey or any part thereof cannot be performed by rail or air― 8[(i) where the journey or any part thereof is performed by steamer, an amount equal to one [9]*** fare (without diet) for the highest class in the steamer for each such journey or part thereof, or, if there is no regular steamer service, such amount for each such journey or part thereof as may be prescribed by rules made under section 9;] (ii) where the journey or any part thereof is performed by road, [10][a road mileage at the rate of sixteen rupees per kilometre] for each such journey or part thereof: 11[Provided that when Parliament is in session and the spouse of a Member, if any, performs such journey or part thereof by road, unaccompanied by such Member, in respect of which such spouse has been allowed to travel by air or partly by air and partly by rail from the usual place of residence of the Member to Delhi or back under sub-section (2) of section 6B, the road mileage prescribed under this sub-clause shall be allowed to such Member for such journey or part thereof, subject to the condition that the total number of such journeys shall not exceed eight in a year]: 12[Provided further that where a member performs journey by road in Delhi from and to an aerodrome, he shall be paid a minimum amount of one hundred and twenty rupees for each such journey.] 13* - - - 1. Ins. by Act 19 of 2020, s. 2 (w.e.f. 7-4-2020). 2. Ins. by Act 48 of 1993, s. 2 (w.e.f. 9-6-1993). 3. Subs. by Act 37 of 2010, s. 2, for the second proviso (w.e.f. 1-10-2010). 4. Ins. by Act 13 of 2018, s. 142 (w.e.f. 1-4-2018). 5. Ins. by Act 55 of 1958, s. 4 (w.e.f. 1-4-1955). 6. Clause (a) omitted by Act 13 of 2018, by s 143 (w.e.f. 1-4-2018). 7. The words “and one fourth of the” omitted by s. 143, ibid. (w.e.f. 1-4-2018). 8. Subs. by Act 55 of 1958, s. 4, for sub-clause (i) (w.e.f. 1-6-1954). 9. The words “and three-fifth of the” omitted by Act 13 of 2018, s. 143 (w.e.f. 1-4-2018). 10. Subs. by Act 37 of 2010, s. 3, for “a road mileage at the rate of thirteen rupees per kilometer” (w.e.f. 1-10-2010). 11. Subs. by s. 3, ibid., for the first proviso (w.e.f. 1-10-2010). 12. Ins. by Act 48 of 1993, s. 3 (w.e.f. 9-6-1993). 13. The third proviso omitted by Act 37 of 2010, s. 3 (w.e.f. 1-10-2010). 4 ----- _Explanation.― For the purposes of sub-clause (ii) of clause (c) of this sub-section, the expression_ “journey” shall include the journey from and to the railway station, port or aerodrome to and from the usual place of residence of the member or, as the case may be, the residence of the member at the place where the session of the House of Parliament or a meeting of the committee is to be held or where any other business is to be transacted. (2) Notwithstanding anything contained in sub-section (1), a member who performs a journey by road between places connected by rail or steamer, either wholly or in part, may draw the mileage allowance referred to in sub-clause (ii) of clause (c) of sub-section (1) in place of the travelling allowance which would have been admissible to him if he had travelled by rail or steamer, as the case may be. 1[Provided that the total amount of travelling allowance drawn by such member for the entire journey shall not exceed the amount which would have been admissible to him had he performed such journey by rail or by steamer, as the case may be: Provided further that the first proviso shall be applicable to such journey only where the places of the journey are connected by express, mail or superfast train:] 2[Provided also that the first proviso shall not be applicable to a member who, in the opinion of the Chairman of the Council of States or, as the case may be, the Speaker of the House of the People, is so incapacitated physically and cannot travel by air or train:] 3[Provided also that in case a member resides within a distance of three hundred kilometers from Delhi, he or his spouse, for the journey performed by him by road, may draw the mileage allowance referred to in sub-clause (ii) of clause (c) of sub-section (1) in place of the travelling allowance which would have been admissible to him had he performed such journey by rail or by road, as the case may be: Provided also that in case a member resides in the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim or Tripura, he or his spouse may draw the mileage allowance referred to in sub-clause (ii) of clause (c) of sub-section (1) for journey performed by him by road from his residence in any of the said States to the nearest airport.] 4[(3) There shall be paid to a member in respect of a journey performed by him in the course of a tour outside India undertaken in the discharge of his duties as such member, such travelling and daily allowances as may be prescribed by rules made under section 9.] 5[(4) There shall be paid to a person― (a) who has been elected in a biennial election as a member of the Council of States but the notification in the Official Gazette notifying his name under section 71 of the Representation of the People Act, 1951 (43 of 1951) has not been published in the Official Gazette; or (b) who has been elected as a member of the House of the People in a general election held for the purpose of constituting a new House of the People but the notification in the Official Gazette notifying his name under section 73 of the Representation of the People Act, 1951(43 of 1951) has not been published in the Official Gazette; or (c) who has been elected in a bye-election as a member of either House of Parliament or nominated as a member to either House of Parliament, an amount equivalent to the fare in respect of every journey performed by him for coming to Delhi before the publication of notification referred to in clause (a) or clause (b), or election or nomination under clause (c): Provided that in case the journey is performed by rail or steamer or road, he shall be entitled to the reimbursement of the fare or road mileage to which a member is entitled: 1. Ins. by Act 17 of 2000, s. 2 (w.e.f. 7-6-2000). 2. Ins. by Act 40 of 2006, s. 3 (w.e.f. 15-9-2006). 3. Ins. by Act 9 of 2004, s. 3 (w.e.f. 9-1-2004). 4. Ins. by Act 55 of 1958, s. 4 (w.e.f. 30-12-1958). 5. Ins. by Act 9 of 2004, s. 3 (w.e.f. 9-1-2004). 5 ----- Provided further that in case he performs the journey by air, such journey shall be included for the purpose of counting thirty-two journeys referred to in the first proviso to sub-section (2) of section 5.] **5. Travelling allowances for intermediate journeys.―[1][(1)] Where a member absents himself** for less than fifteen days during a session of a House of Parliament or a sitting of a committee for visiting any place in India, he shall be entitled to receive travelling allowances in respect of such journey to such place and for the return journey― (a) if the journey is performed by rail, equal to [2][one first class fare] for each such journey irrespective of the class in which the member actually travels; (b) [3][if the journey, being a journey during the sitting of the Committee] is performed by air, equal to one fare by air for each such journey: Provided that such travelling allowances shall not exceed the total amount of daily allowances which would have been admissible to such member under section 3 for the days of absence if he had not so remained absent:] 4[Provided further that nothing in the first proviso shall apply, if the member performs the journey by air for visiting any place in India not more than once during a sitting of the Committee;] 5[(1A) Notwithstanding anything contained in sub-section (1), a member shall be entitled to receive travelling allowances in respect of every journey performed by air for visiting any place in India during the interval not exceeding [6][five days] between two sittings of a Department related Standing Committee when a House of Parliament is adjourned for a fixed period during the Budget Session: Provided that such travelling allowances, excluding the air fare, shall not exceed the total amount of daily allowances which would have been admissible to such member under section 3 for the days of absence if he had not remained absent.] 7[(2) Every member shall be entitled to an amount equal to the fare by air for each single journey by air (other than a journey referred to in section 4 or the second proviso to sub-section (1) of this section or section 6C) performed by him[ 8][either alone or along with spouse or any number of companions or relatives,] from any place in India to any other place in India during his term of office as such member:] 9[Provided that the total number of such journeys under this sub-section shall be thirty-four journeys per year: 10[Provided further that where the number of journeys performed by any member by air is 11[less than thirty-four], then, such number of journeys not performed by him shall be carried over to the following year:] 12[Provided also that the spouse or companion of a member, as the case may be, may alone perform maximum eight journeys by air from any place of India to the place in India for the purpose of visiting such member and such journey shall be included for the purpose of counting [13][thirty-four journeys] referred to in the first proviso to sub-section (2):] 1. Section 5 renumbered as sub-section (1) of that section by Act 105 of 1976, s. 5 (w.e.f. 1-4-1995). 2. Subs. by Act 9 of 1955, s. 2, for “one second class fare” (w.e.f. 1-4-1955). 3. Subs. by Act 74 of 1985, s. 3, for “if the journey” (w.e.f. 26-12-1985). 4. Subs. by s. 3, ibid., for the second proviso and the Explanation (w.e.f. 26-12-1985). 5. Ins. by Act 18 of 1995, s. 2 (w.e.f. 1-4-1995). 6. Subs. by Act 40 of 2006, s. 4, for “seven days” (w.e.f. 15-9-2006). 7. Subs. by Act 74 of 1985, s. 3, for sub-section (2) (w.e.f. 26-12-1985). 8. Subs. by Act 16 of 1999, s. 2, for “either alone or along with companion or spouse,” (w.e.f. 18-3-1999). 9. Subs. by Act 40 of 2006, s. 4, for the first proviso (w.e.f. 15-9-2006). 10. The proviso ins. by Act 28 of 1998, s. 4 (w.e.f. 20-8-1998). 11. Subs. by Act 40 of 2006, s. 4, for “less than thirty-two” (w.e.f. 15-9-2006). 12. Ins. by Act 9 of 2004, s. 4 (w.e.f. 9-1-2004). 13. Subs. by Act 40 of 2006, s. 4, for “thirty-two journeys” (w.e.f. 15-9-2006). 6 ----- 1[Provided also that in case any member avails a total number of journeys by air more than thirty thirty-four, such journeys permissible to him, in the year, he may be allowed to adjust not exceeding eight such journeys from the entitled number of journeys which may accrue in his credit in the next following year.] 2[(3) Notwithstanding anything contained in sub-section (2), there shall be paid to a member who, who, in the opinion of the Chairman of the Council of States or, as the case may be, the Speaker of the House of the People, is so incapacitated physically and therefore cannot perform air or travel journey, road mileage for the entire journey.] _Explanation 1.―The provisions of clause (c) of sub-section (1) and sub-section (2) of section 4_ shall, so far as may be, apply to travelling allowances payable under this section as they apply to travelling allowances payable under that section. _Explanation II.―For the purposes of this section, “year” means,―_ (i) in the case of a person who is a member at the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1985 (74 of 1985), the year beginning with such commencement and each of the subsequent years; (ii) in the case of a person who becomes a member after such commencement, the year beginning with the date on which his term of office as such member commences and each of the subsequent years.]] 3[Explanation III.―For the purposes of sub-section (2), any journey performed by the 4[“spouse, companions or relatives shall be added in computing the limit of [5][thirty-four journeys] specified in the proviso to that sub-section.] 6[5A. Transit accommodation.―Where a person referred to in sub-section (4) of section 4 comes to Delhi, he shall be entitled to such transit accommodation for such period as may be specified by the rules made under clause (ccc) of sub-section (3) of section 9 by the Joint Committee.] [7][6. Free transit by railway.―(1) Every member shall be provided with one free non-transferable[ 8][first class air-conditioned or executive class of any train] pass which shall entitle him to travel at any time by any railway in India. _Explanation.―[9][For the purposes of this sub-section and sections 6A and 6B], a member shall_ include a Minister as defined in the Salaries and Allowances of Ministers Act, 1952 (58 of 1952), [10][a Leader of the Opposition as defined in the Salary and Allowances of Leader of Opposition in Parliament Act, 1977 (33 of 1977)] and an officer of Parliament as defined in the Salaries and Allowances of Officers of Parliament Act, 1953 (20 of 1953), other than the Chairman of the Council of States. (2) A free railway pass issued to a member under sub-section (1) shall be valid for the term of his office and on the expiration of such term, the pass shall be surrendered to the Secretary of the House of the People or the Council of States, as the case may be: Provided that where any such pass is issued to a new member before he takes his seat in either House of Parliament, he shall be entitled to use the pass for attending a session of that House for taking his seat therein. 1. Ins. by Act 40 of 2006, s. 4 (w.e.f. 15-9-2006). 2. Ins. by s. 4, ibid. (w.e.f. 15-9-2006). 3. Ins. by Act 3 of 1993, s. 2 (w.e.f. 5-1-1993). 4. Subs. by Act 16 of 1999, s. 2, for “the companion or the spouse shall be added in computing the limit of twenty-eight journeys specified in the proviso to that sub-section.” (w.e.f. 18-3-1999). 5. Subs. by Act 40 of 2006, s. 4, for “thirty-two journeys” (w.e.f. 15-9-2006). 6. Ins. by Act 9 of 2004, s. 5 (w.e.f. 9-1-2004). 7. Subs. by Act 55 of 1958, s. 5, for section 6 (w.e.f. 30-12-1958). 8. Subs. by Act 16 of 1999, s. 3, for “air-conditioned two tier” (w.e.f. 18-3-1999). 9. Subs. by Act 29 of 1972, s. 3, for “For the purposes of this sub-section and section 6A” (w.e.f. 9-6-1972). 10. Ins. by Act 33 of 1977, s. 11 (w.e.f. 1-11-1977). 7 ----- (3) Until a member is provided with a free railway pass under sub-section (1) he shall be, and shall be deemed always to have been entitled to an amount equal to one [1][first class air-conditioned or or executive class of any train] fare for any journey of the nature referred to in sub-section (1) of section 4 performed by him by rail. (4) A member who on ceasing to be a member surrenders his pass shall, if he performs any return journey by rail of the nature referred to in sub-section (1) of section 4, be entitled and be deemed always to have been entitled in respect of that journey to an amount equal to one [1][first class airconditioned or executive class of any trains] fare. (5) Nothing in this section shall be construed as disentitling a member to any travelling allowances to which he is otherwise entitled under the provisions of this Act.] 2[6A. Free transit by Steamer.―(1) 3[Without prejudice to the provisions of section 6, every member representing the Union territory of Andaman and Nicobar Islands or the Union territory of Lakshadweep shall― (a) be provided with one free non-transferable pass which shall entitle him to travel at any time by the highest class by steamer to and from any part of his constituency and any other part of his constituency or the nearest part in the main land of India; and (b) be entitled to an amount equal to the fare by air from his usual place of residence to the nearest airport in the main land of India [4][and back]:] Provided that nothing in this sub-section shall be construed as absolving the member from payment of any diet charges payable by him during such travel. (2) A free steamer pass issued to a member under sub-section (1) shall be valid for the term of his office and on the expiration of his term, the pass shall be surrendered to the Secretary of the House of the People: Provided that where any such pass is issued to a new member before he takes his seat in the House of the People, he shall be entitled to use the pass for attending a session of that House for taking his seat therein. (3) Until a member is provided with a free steamer pass under sub-section (1), he shall be entitled to an amount equal to one fare (without diet) for the highest class for any journey of the nature referred to in sub-section (1) of section 4 performed by him by steamer. (4) A member who on ceasing to be a member surrenders the steamer pass issued to him under sub-section (1), shall, if he performs any return journey by steamer of the nature referred to in sub-section (1) of section 4, be entitled in respect of that journey to an amount equal to one fare (without diet) for the highest class. (5) Nothing in this section shall be construed as disentitling a member to any travelling allowances to which he is otherwise entitled under the provisions of this Act. (6) In addition to [5][the facilities provided to a member] under sub-section (1), he shall also be entitled― (i) to one free pass for one person to accompany the member and travel by the [6][highest class] class] by steamer to and from any part of the constituency of the member and any other part of his constituency or the nearest port in the main land of India; [7][or] 1. Subs. by Act 16 of 1999, s. 3, for “air-conditioned two-tier” (w.e.f. 18-3-1999). 2. Ins. by Act 29 of 1972, s. 4 (w.e.f. 9-6-1972). 3. Subs. by Act 60 of 1988, s. 5, for the opening paragraph (w.e.f. 1-4-1988). 4. Ins. by Act 30 of 1989, s. 2 (w.e.f. 28-8-1989). 5. Subs. by Act 60 of 1988, s. 5, for “a free steamer pass issued to a member” (w.e.f. 1-4-1988). 6. Subs. by s. 5, ibid., for “lowest class” (w.e.f. 1-4-1988). 7. Subs. by s. 5, ibid., for “and” (w.e.f. 1-4-1988). 8 ----- (ii) to one free non-transferable pass for the spouse, if any, of the member to travel by the highest class by steamer to and from the usual place of residence of the member in his constituency and the nearest port in the main land of India, [1][at any time between the Island and the main land of India; and] 2[(iii) to an amount equal to the fare by air either for the spouse, if any, of the member or for one person to accompany the member from the usual place of residence in the Island to the nearest airport of the main land of India [3][and back]: Provided that nothing in this sub-section shall be construed as absolving the person accompanying the member or the spouse of the member from payment of any diet charges payable by such person or spouse during such travel.] 4[6AA. Special facility to members from Ladakh.―(1) Without prejudice to the provisions of section 6, every member who has his ordinary place of residence in the Ladakh area of the State of Jammu and Kashmir* shall be entitled to an amount equal to the fare by air for each single journey by air performed by him from any airport in Ladakh to the airport in Delhi and back at any time. (2) In addition to the air travel provided to a member under sub-section (1), he shall also be entitled to an amount equal to the fare by air for each single journey by air performed by the spouse, if any, of the member or one person to accompany such member, from any airport in Ladakh area to the airport in Delhi and back at any time.] 5[6B. Travel facilities to members.―6[(1)] Without prejudice to the other provisions of this Act, Act, every member shall be entitled to― (i) one free air-conditioned two-tier class railway pass for one person to accompany the member when he travels by rail; and (ii) free travel by any railway in India in first class air-conditioned or executive class in any train with the spouse, if any, of the member from any place in India to any other place in India and if such journey or part thereof is performed by air, from any place other than usual place of residence of the member, to Delhi and back, to an amount equal to the fare by air for such journey or part thereof or the amount equal to the journey performed by air from the usual place of the residence of the member to Delhi and back, whichever is less:] 7[Provided that where a member has no spouse, such member may be accompanied by any person person in place of the spouse, and notwithstanding anything containing in clause (i), the person so accompanying shall be entitled to every facility available to the spouse.] 8[(2) Notwithstanding anything contained in clause (ii) of sub-section (1), the spouse of a Member Member shall be entitled to travel,― (a) any number of times, by railway in first class air-conditioned or executive class in any train from the usual place of residence of the Member to Delhi and back; and (b) when Parliament is in session, by air or partly by air and partly by rail, from the usual place of residence of the Member to Delhi or back, subject to the condition that the total number of such air journeys shall not exceed eight in a year: Provided that where any such journey or part thereof is performed by air from any place other than the usual place of residence of the Member to Delhi and back, then, such spouse shall be entitled to an amount equal to the fare by air for such journey or part thereof, as the case may be, or to the 1. Subs. by Act 60 of 1988, s. 5, for “once during every session” (w.e.f. 1-4-1988). 2. Ins. by s. 5, ibid. (w.e.f. 1-4-1988). 3. Ins. by Act 30 of 1989, s. 2 (w.e.f. 28-8-1989). 4. Ins. by Act 60 of 1988, s. 6 (w.e.f. 1-4-1988). 5. Subs. by Act 16 of 1999, s. 4, for section 6B (w.e.f. 22-3-1999). 6. Section 6B renumbered as sub-section (1) by Act 17 of 2000, s. 3 (w.e.f. 7-6-2000). 7. Ins. by s. 3, ibid. (w.e.f. 7-6-2000). 8. Subs. by Act 37 of 2010, s. 4, for sub-section (2) (w.e.f. 1-10-2010). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 9 ----- amount equal to the journey performed by air from the usual place of residence of the Member to Delhi and back, whichever is less.] 1[6C. Air travel facilities in certain circumstances.―Without prejudice to the other provisions of this Act, where during any part of a year the usual place of residence of a member in his constituency is inaccessible to or from any place outside his constituency by road. rail or steamer due to climatic conditions, but there is air service between any place in his constituency, and the nearest place, having rail service, outside his constituency, such member shall be entitled to travel to and from by air from the nearest place in his constituency where there is air service to such place having rail service: Provided that where the nearest place having air service is outside his constituency, such member shall be entitled to travel to and from by air only from such place to the nearest place having rail service.] 2[6D. Special facilities to blind and physically incapacitated Members.―A member who is blind or who is, in the opinion of the Chairman of the Council of States or, as the case may be, the Speaker of the House of the People, so incapacitated physically as to require the facility of an attendant shall, with respect to each such journey― (i) by air as is referred to in clause (b) of sub-section (1) of section 4 or clause (b) of sub-section (1) or sub-section (2) of section 5 or section 6C which he performs along with an attendant be entitled (in addition to the allowances which he is entitled under section 4 or section 5 or, as the case may be, section 6C) to an amount equal to one fare by air for such journey; (ii) by rail as is referred to in section 4, section 5, section 6 or section 6B be allowed the facility of the one free railway pass for an attendant, to attend such member, in the same class in which such member travels in lieu of one free air-conditioned two-tier class railway pass under clause (i) of sub-section (1) of section 6B.] 3[(iii) by road as is referred to in section 4 or section 5, be entitled to an amount equal to one road mileage.] **7. Allowances during short intervals between the termination of one session and the** **commencement of another session, etc.―[4][Where the intervals between the adjournment of a House** House of Parliament or, as the case may be, one sitting of a committee and the re-assembly of that House or the next sitting of the committee at the same place] does not exceed [5][five days] and the member concerned elects to remain at such place during the interval, he shall be entitled to draw for each day of residence at such place a daily allowance at the rate specified in section 3: Provided that, if the member leaves such place during the interval, his absence from the place shall be treated as absence during a session of a House of Parliament or a sitting of the committee, as the case may be, and the provisions of section 5 shall apply accordingly. 6[8. Constituency allowance and amenities.―A member shall be entitled to such constituency allowance [7][office expense allowance] and to such medical facilities for himself and for members of his family and to such housing, telephone, water, electricity facilities or such amount in cash in lieu of all or any of such facilities, as may be prescribed by rules under section 9:] 8[Provided that where the House of the People is sooner dissolved before completing five years from the date appointed for its first meeting, the member of such House may be allowed without 1. Ins. by Act 105 of 1976, s. 6, (w.e.f. 9-9-1976). 2. Subs. by Act 17 of 2000, s. 4, for section 6D (w.e.f.7-6-2000). 3. Ins. by Act 40 of 2006, s. 5 (w.e.f. 17-5-2004). 4. Subs. by Act 55 of 1958, s. 6, for “Where the interval between the termination of one session of a House of Parliament or, as the case may be, one sitting of a committee and the commencement of another session or sitting at the same place” (w.e.f. 30-12-1958). 5. Subs. by Act 40 of 2006, s. 6, for “seven days” (w.e.f. 15-9-2006). 6. Subs. by Act 74 of 1985, s. 5, for section 8 (w.e.f. 26-12-1985). 7. Ins. by Act 60 of 1988, s. 8 (w.e.f. 1-4-1988). 8. Ins. by Act 17 of 2000, s. 5 (w.e.f. 26-4-1999). 10 ----- payment, to such extent of the quota of free telephone calls or free units of electricity or free units in kilolitres of water, available to him for a year in which such dissolution of such House takes place, as remains unutilised on the date of such dissolution, to avail during the period commencing on and from the date of such dissolution and ending on the date immediately preceding the date on which the notification under section 73 of the Representation of the People Act, 1951 (43 of 1951) has been issued for the constitution of subsequent House of the People subject to the condition that such Member shall be liable to pay for any telephone calls, in excess of the calls so allowed to be made during such period on the telephone provided to him by the Government for such purpose, and units of electricity or kilolitres of water consumed in excess of the free electricity or kilolitres of water allowed: Provided further that where the member referred to in the first proviso becomes member of the subsequent House of the People as referred to be constituted in that proviso, then, he shall be entitled for the adjustment of the excess telephone calls, units of electricity, kilolitres of water for the payment of which he is liable under the first proviso against the quota of free telephone calls, units of electricity and kilolitres of water for which he is entitled during the first year of the duration of such subsequent House of the People.] [1][8A. Pension.―[2][(1) With effect from the 18th day of May, 2009, there shall be paid a pension of [3][twenty five thousand rupees] per mensem to every person who has served for any period as a Member of the Provisional Parliament or either House of Parliament: Provided that where a person has served as a Member of the Provisional Parliament or either House of Parliament for a period exceeding five years, there shall be paid to him an additional pension of [4][two thousand rupees ] per mensem for every year served in excess of five years. _Explanation.―For the purpose of this sub-section, “Provisional Parliament” shall include the_ body which functioned as the Constituent Assembly of the Dominion of India immediately before the commencement of the Constitution.] 5[(1A) The pension and additional pension to every person shall be increased after every five years years commencing from 1st April, 2023 on the basis of Cost Inflation Index provided under clause (v) of Explanation to section 48 of the Income-tax Act, 1961 (43 of 1961).] 6* - - - (2) Where any person entitled to pension under sub-section (1),― (i) is elected to the office of the President or Vice-President or is appointed to the office of the Governor of any State or the Administrator of any Union territory; or (ii) becomes a member of the Council of States or the House of the People or any Legislative Assembly of a State or Union territory or any Legislative Council of a State or the Metropolitan Council of Delhi constituted under section 3 of the Delhi Administration Act, 1966 (19 of 1966); or (iii) is employed on a salary under the Central Government or any State Government or any corporation owned or controlled by the Central Government or any State Government, or any local authority or becomes otherwise entitled to any remuneration from such Government, corporation or local authority, 1. Ins. by Act 105 of 1976, s. 7 (w.e.f. 9-9-1976). 2. Subs. by Act 37 of 2010, s. 5, for sub-section (1) (w.e.f. 1-10-2010). 3. Subs. by Act 13 of 2018, s.144, for “twenty thousand rupees” (w.e.f. 1-4-2018). 4. Subs. by s. 144, ibid., for “fifteen hundred rupees” (w.e.f. 1-4-2018). 5. Ins. by s.144, ibid. (w.e.f. 1-4-2018). 6. Sub-section (1A) and the Explanation thereunder omitted by Act 40 of 2006, s. 7 (w.e.f. 15-9-2006). 11 ----- such person shall not be entitled to any pension under sub-section (1) for the period during which he continues to hold such office or as such member, or is so employed, or continues to be entitled to such remuneration: Provided that where the salary payable to such person for holding such office or being such member or so employed, or where the remuneration referred to in clause (iii) payable to such person, is, in either case, less than the pension payable to him under sub-section (1), such person shall be entitled only to receive the balance as pension under that sub-section. 1[(3) Where any person entitled to pension under sub-section (1) is also entitled to any other pension, such person shall be entitled to receive the pension under sub-section (1) in addition to such other pension.] (4) In computing the number of years, for the purposes of sub-section (1), the period during which a person has served as a Minister as defined in the Salaries and Allowances of Ministers Act, 1952 (58 of 1952) or [2][as an officer of Parliament] as defined in the Salaries and Allowances of Officers of Parliament Act,1953 (20 of 1953), (other than the Chairman of the Council of States) [3][or as a Leader of the Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (33 of 1977), or has served in all or any two of such capacities] by virtue of his membership in the House of the People or in the Council of States shall also be taken into account.] 4[8AA. Travel facility to ex-Members.― 5[(1)] Every person who is not a sitting Member but has served for any period as a Member of either House of Parliament shall be,― (a) with effect from the 18th day of January, 1999, entitled along with a companion to travel in any train by any railway in India in air-conditioned two-tier class; or (b) entitled to travel alone in any train by any railway in India in air-conditioned first class, without payment of any charges on the basis of an authorisation issued for this purpose by the Secretariat of either House of Parliament, as the case may be.] 6[(2) Every person who is not a sitting member but has served for any period as a member from the Andaman and Nicobar Islands or the Lakshadweep, shall be entitled to travel by the highest class of accommodation in any steamer sailing between the Andaman and Nicobar Islands or, as the case may be, the Lakshadweep and the main land territory of India in addition to the facilities available to such member under sub-section (1), without payment of any charges on the basis of an authorisation issued for this purpose by the Secretariat of either House of Parliament.] 7[8AB. Rounding off period of pension.―Where the period for which the pension is payable under this Act contains a part of a year, then, if such part is nine months or more, it shall be reckoned equivalent to complete one year for the purpose of payment of additional pension under sub-section (1) of section 8A and if such part is less than nine months, it shall be ignored.] 8[8AC. Family pension.―(1) On the death of a member of either House of Parliament during his term of office, his spouse, if any, or dependent of such member shall be paid during the remaining period of life of such spouse or, as the case may be, such dependent so long as such dependent continues to be a dependent within the meaning of clause (aa) of section 2, family pension equivalent to one-half of the pension which such member of Parliament would have received had he retired: Provided that no such family pension shall be payable to a dependent if such dependent is a sitting member of Parliament or is drawing pension under section 8A. 1. Subs. by Act 48 of 1993, s. 4, for sub-section (3) (w.e.f. 9-6-1993). 2. Subs. by Act 33 of 1977, s. 11, for “an officer of Parliament” (w.e.f. 1-11-1977). 3. Subs. by s. 11, ibid., for “or both” (w.e.f. 1-11-1977). 4. Subs. by Act 9 of 2004, s. 7, for section 8AA (w.e.f. 9-1-2004). 5. Section 8AA numbered as sub-section (1) by Act 40 of 2006, s. 8 (w.e.f. 15-9-2006). 6. Ins. by s. 8, ibid. (w.e.f. 15-9-2006). 7. Ins. by Act 9 of 2004, s. 8 (w.e.f. 9-1-2004). 8. Ins. by Act 40 of 2006, s. 9 (w.e.f. 15-9-2006). 12 ----- (2) The family pension payable under sub-section (1) shall also be payable to the spouse or dependent of a person who was a member of either House of Parliament or the Provisional Parliament at any time [1]*** and died after serving as such member: Provided that such spouse or dependent is not drawing any pension under this Act or is not entitled to draw family pension under the proviso to sub-section (1): Provided further that no person shall be entitled to claim arrears of any family pension under this sub-section in respect of a period before the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2006 (40 of 2006). _Explanation.― For the purposes of this section, “Provisional Parliament” shall include the body_ which functioned as the Constituent Assembly of the Dominion of India immediately before the commencement of the Constitution.] [2][8B. Advances for purchase of conveyance.―There may be paid to a member by way of re payable advance such sum of money not exceeding [3][four lakh rupees] as may be determined by rules made in this behalf under section 9 for the purchase of a conveyance.] **9. Power to make rules.―(1) For the purpose of making rules under this section, there shall be** constituted a Joint Committee of both Houses of Parliament consisting of five members from the Council of States nominated by the Chairman and ten members from the House of the People nominated by the Speaker. (2) The Joint Committee constituted under sub-section (1) shall elect its Chairman and shall have power to regulate its procedure. 4[(2A) A member of the Joint Committee shall hold office as such member for one year from the date of his nomination and any casual vacancy in the Joint Committee may be filled by nomination by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be. _Explanation.― In the case of a member of a Joint Committee holding office as such immediately_ before the commencement of the Salaries and Allowances of Members of Parliament (Amendment) Act, 1958 (55 of 1958), the period of one year shall be computed from the date of such commencement.] (3) The Joint Committee constituted under sub-section (1) may [4][after consultation with the Central Government] make rules to provide for all or any of the following matters, namely:― (a) the routes for the performance of any journey; 5[(aa) the person who may be specified as dependent under sub-clause (g) of clause (aa) of section 2;] (b) the manner in which fractions of a day shall be dealt with for the purpose of determining the daily allowance admissible for that day; (c) the travelling allowance admissible where a member is provided with free transit for the whole or any part of a journey [4][and the reduction of the daily allowance where a member is provided with free board or lodging at the expense of the Government or a local authority]; 6[(cc) the date at which road mileage shall be paid under sub-clause (ii) of clause (c) of sub-section (1) of section 4;] 5[(ccc) the transit accommodation and the period for which such accommodation may be provided under section 5A;] 1. The words, brackets and figures “before the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2006 (40 of 2006)” omitted by Act 13 of 2018, s. 145 (w.e.f. 15-9-2006). 2. Ins. by Act 74 of 1985, s. 7 (w.e.f. 26-12-1985). 3. Subs. by Act 37 of 2010, s. 6, for “one lakh rupees” (w.e.f. 1-10-2010). 4. Ins. by Act 55 of 1958, s. 8 (w.e.f.30-12-1958). 5. Ins. by Act 9 of 2004, s. 9 (w.e.f. 9-1-2004) 6. Ins. by Act 61 of 1982, s. 4 (w.e.f. 6-11-1982). 13 ----- (d) the travelling allowance admissible where the place from which a member commences his journey or to which he returns is not his usual place of residence; 1[(dd) the travelling allowance admissible in respect of journeys performed by any vessel where there is no regular steamer service; (ddd) the travelling and daily allowances admissible for journeys performed by a member in the course of a tour outside India undertaken in connection with his duties as such member;] (e) the form in which certificates, if any, shall be furnished by a member for the purpose of claiming any allowance under this Act; 2[(ee) the form in which certificates, if any, shall be furnished by any person for the purpose of claiming any pension under this Act;] 3[(f) the constituency allowance and medical and other facilities mentioned in section 8 and the amount to be paid in cash in lieu of such facilities; (ff) the amount which may be paid by way of repayable advance for the purchase of conveyance; the rate of interest thereon and the mode of recovery of such amount and interest thereon; and] 4[(fff) to provide for carry forward of unutilised free telephone calls pertaining to any year beginning on or after the 1st day of April, 2002 to any subsequent year;] (g) generally for regulating the payment of [5][daily and travelling allowances and pension] under this Act]. (4) Any rules made under sub-section (3) shall not take effect until they are approved and confirmed by the Chairman of the Council of States and the Speaker of the House of the People and are published in the Official Gazette, and such publication of the rules shall be conclusive proof that they have been duly made. **10. [Validation of payment of certain travelling allowances.] Rep. by the Repealing and Amending** _Act, 1960 (58 of 1960), s. 2 and the First Schedule._ 1. Ins. by Act 55 of 1958, s. 8 (w.e.f. 30-12-1958). 2. Ins. by Act 105 of 1976, s. 8 (w.e.f. 9-9-1976). 3. Subs. by Act 74 of 1985, s. 8, for “clause (f)” (w.e.f.26-12-1985) 4. Ins. by Act 9 of 2004, s. 9 (w.e.f. 9-1-2004). 5. Subs. by Act 105 of 1976, s. 8, for “daily and travelling allowances” ( w.e.f. 9-9-1976). 14 -----

28-May-1954

32

The Himachal Pradesh and Bilaspur (New State) Act, 1954

https://www.indiacode.nic.in/bitstream/123456789/1377/3/a1954-32.pdf

central

# THE HIMACHAL PRADESH AND BILASPUR (NEW STATE) ACT, 1954 ________ PART I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. PART II FORMATION OF THE NEW STATE OF HIMACHAL PRADESH 3. Formation of the new State of Himachal Pradesh. 4. Amendment of the First Schedule to the Constitution. PART III REPRESENTATION IN THE LEGISLATURES _Council of States_ 5. Representation in the Council of States. 6. Amendment of the Fourth Schedule to the Constitution. 7. Amendment of section 27A, Act 43 of 1950. _House of the People_ 8. Representation in the House of the People. 9. Amendment of the First Schedule, Act 43 of 1950. 10. Parliamentary constituencies of the new State and their delimitation. 11. Sitting members. _Legislative Assembly of the New State_ 12. [Repealed.]. 13. [Repealed.]. 14. [Repealed.]. 15. [Repealed.]. 16. [Repealed.]. _Miscellaneous_ 17. Amendment of section 13, Act 43 of 1950. 18. [Repealed.]. 19. Amendment of the Constitution (Scheduled Castes) (Part C States) Order, 1951. 20. Amendment of section 9, Act 81 of 1952. 1 ----- SECTIONS 21. Construction of Act 43 of 1950. 22. Electoral rolls of constituencies. 23. Power of Delimitation Commission to revise its orders. 24. [Repealed.]. PART IV COURTS 25. Court of the Judicial Commissioner for the new State. 26. Subordinate Courts. PART V ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS 27. Existing authorities and officers to continue to function in the new State. 28. Existing laws to continue. 29. Power to construe laws. 30. Existing taxes to continue. 31. Saving of the powers of the Central Government in relation to the Bhakra-Nangal Project. 32. Power to remove difficulties. THE FIRST SCHEDULE— MODIFICATION IN THE DELIMITATION OF PARLIAMENTAY CONSTITUENCIES (PART C STATES) ORDER, 1951. THE SECOND SCHEDULE—AMENDMENT OF THE CONSTITUTION (SCHEDULED CASTES) (PART C STATES ORDER,1951. 2 ----- # THE HIMACHAL PRADESH AND BILASPUR (NEW STATE) ACT, 1954 ACT NO. 32 OF 1954 [28th May, 1954.] # An Act to provide for the formation of the new State of Himachal Pradesh by uniting the existing States of Himachal Pradesh and Bilaspur, and for matters connected therewith. Be it enacted by Parliament in the Fifth Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Himachal Pradesh and** Bilaspur (New State) Act, 1954. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint in this behalf. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “article” means an article of the Constitution; 2* * * * * * (c) “existing States” mean the States specified as Bilaspur and Himachal Pradesh in Part C of the First Schedule to the Constitution immediately before the commencement of this Act, and “existing State” means either of the existing States; (d) “law” includes any enactment, ordinance, regulation, order, rule, scheme, notification, bye-law or other instrument having the force of law in the whole or in any part of either of the existing States; (e) “Order” means an order published in the Official Gazette; (f) “Parliamentary constituency” has the same meaning as in the Representation of the People Act, 1950 (43 of 1950); (g) “sitting member” in relation to either House of Parliament or in relation to the Legislature of the existing State of Himachal Pradesh, means a person who immediately before the commencement of this Act is a member of that House or that Legislature, as the case may be. PART II FORMATION OF THE NEW STATE OF HIMACHAL PRADESH **3. Formation of the new State of Himachal Pradesh.—As from the commencement of this Act** there shall be formed by uniting the existing States a new Part C State to be known as the State of Himachal Pradesh (hereafter in this Act referred to as the “new State”).— **4. Amendment of the First Schedule to the Constitution.—In the First Schedule to the** Constitution, in Part C— (a) under the heading “Names of States”— (i) entry “3. Bilaspur” shall be omitted; and 1. 1st July, 1954, see Gazette of India, 1954, Extraordinary, Part II, s. 3. 2. Clause (b) omitted by the A.O. (No. 3), 1956. 3 ----- (ii) entries 4 to 10 shall be renumbered as entries 3 to 9 respectively; (b) under the heading “Territories of States”, after the first paragraph the following paragraph shall be inserted, namely:— “The territory of the State of Himachal Pradesh shall comprise the territories which immediately before the commencement of the Himachal Pradesh and Bilaspur (New State) Act, 1954 were comprised in the States of Bilaspur and Himachal Pradesh.” PART III REPRESENTATION IN THE LEGISLATURES _Council of States_ **5. Representation in the Council of States.—(1) There shall be allotted one seat to the new State** in the Council of States. (2) The sitting member of the Council of States representing the group of States comprising the existing States shall on and from the commencement of this Act represent the new State in the Council but the term of such sitting member shall remain unaltered, that is to say, shall expire on the 2nd of April, 1958. **6. Amendment of the Fourth Schedule to the Constitution.—In the Fourth Schedule to the** Constitution, in the Table of Seats relating to the representatives of States specified in Part C of the First Schedule— (i) for entries 4 and 5, the entry “4. Himachal Pradesh......I” shall be substituted; and (ii) entries 6 to 10 shall be renumbered as entries 5 to 9 respectively. **7. Amendment of section 27A, Act 43 of 1950.—In section 27A of the Representation of the** People Act, 1950 (43 of 1950)— (i) in sub-section (5), for the word “Delhi” the words “Delhi, Himachal Pradesh” shall be substituted; and (ii) sub-section (6) shall be omitted. _House of the people_ **8. Representation in the House of the People.—Until other provision is made by law, there shall** be allotted 4 seats to the new State in the House of the People. **9. Amendment of the First Schedule, Act 43 of 1950.—In the First Schedule to the** Representation of the People Act, 1950 (43 of 1950), in the part relating to Para C States,— (i) entry 3 shall be omitted; (ii) entries 4 to 12 shall be renumbered as entries 3 to 11 respectively; and (iii) for the figure “3” in column 2 against Himachal Pradesh the figure “4” shall be substituted. **10. Parliamentary constituencies of the new State and their delimitation.—(1) The new State** shall, until other provision is made by law, consist of the following three Parliamentary constituencies namely:— (i) the constituency of Bilaspur comprising the existing State of Bilaspur; and 4 ----- (ii) the two constituencies into which the existing State of Himachal Pradesh has been divided. (2) The Delimitation of Parliamentary Constituencies (Part C States) Order, 1951, shall, until other provision is made by law, have effect subject to the amendments made in the First Schedule. **11. Sitting members.—(1) The sitting member of the House of the People representing the** existing State of Bilaspur shall on and from the commencement of this Act represent the Bilaspur constituency of the new State and shall be deemed to have been elected to the House of the People by that constituency. (2) Every sitting member of the House of the People representing a constituency of the existing State of Himachal Pradesh shall, on and from the commencement of this Act, represent the constituency of the same name in the new State and shall be deemed to have been elected to the House of the People by that constituency. _Legislative Assembly of the New State_ **12. [Legislative Assembly of the new State.].** _Rep. by the Adaptation of Laws (No.3) Order, 1956._ **13. [Amendment of the third Schedule, Act XLIX of 1951.]. Rep., ibid.,** **14. [Assembly constituencies of the new State and their delimitation.].** _Rep., ibid.,_ **15. [Members of Legislative Assembly.]. Rep., ibid.,** **16. [Duration of the Legislative Assembly.]. Rep., ibid.,** _Miscellaneous_ **17. Amendment of section 13, Act 43 of 1950.—In section 13 of the Representation of the** People Act, 1950 (43 of 1950), in clause (b) of sub-section (1), the word “Bilaspur” shall be omitted. **18.** [Amendment of section 2, _Act 49_ _of 1951.]_ _Rep. by the Adaptation of Laws (No._ 3) Order, _1956._ **19. Amendment of the Constitution (Scheduled Castes) (Part C States) Order, 1951.—The** Constitution (Scheduled Castes) (Part C States) Order 1951, shall be amended as shown in the Second Schedule. **20. Amendment of section 9, Act 81 of 1952.—In section 9 of the Delimitation Commission** Act, 1952 (81 of 1952), in sub-section (3), for the words “and the orders made under any of the said Acts” the words, brackets and figures “the Himachal Pradesh and Bilaspur (New State) Act, 1954 and the orders made under any of the said Acts” shall be substituted. **21. Construction of Act 43 of 1950.—Any reference to Himachal Pradesh in the Representation** of the People Act, 1950 (43 of 1950), [1]* * *, as amended by this Act shall be construed as a reference to the new State. **22. Electoral rolls of constituencies.—(1) The electoral rolls of the constituencies of the existing** States shall, on and from the commencement of this Act, be deemed to be the electoral rolls of the constituencies of the same name in the new State and shall continue in force until such rolls are revised, or fresh rolls are prepared, in accordance with law. 2* * * * * * 1 . The words, letters and figures “and the Government of Part C States Act, 1951” omitted by the A. O. (No.3), 1956. 2 . Omitted by the A. O. (No. 3), 1956. 5 ----- **23. Power of Delimitation Commission to revise its orders.—For the purpose of determination** of the number of seats to be allotted to the new State in the House of the People in accordance with the provisions of sub-section (1), and distribution of those seats as well as the seats allotted to the Legislative Assembly of the new State to territorial constituencies and delimitation thereof in accordance with the provisions of sub-section (2) of section 8 of the Delimitation Commission Act, 1952 (81 of 1952), it shall be lawful for the Delimitation Commission, notwithstanding anything contained in that Act, to Amend, vary or rescind any of its final orders published under section 9 of that Act in so far as any such order relates to any or both of the existing States. **24. [Rules of procedure of the Legislative Assembly of the new State.] Rep. by the Adaptation of** _laws (No. 3) Order, 1956._ PART IV COURTS **25. Court of the Judicial Commissioner for the new State.—As from the commencement of** this Act,— (a) the Courts of the Judicial Commissioner for the existing States (hereafter in this Part referred to as “the existing Courts”) shall be amalgamated and shall constitute the Court of the Judicial Commissioner for the new State (hereafter in this Part referred to as “the new Court”); (b) the Judicial Commissioner and the Additional Judicial Commissioner, if any, for the existing State of Himachal Pradesh shall be respectively the Judicial Commissioner and the Additional Judicial Commissioner for the new State; (c) every person who immediately before the commencement of this Act, is an officer or servant of either of the existing Courts shall be an officer or servant, as the case may be, of the new Court deemed to have been appointed on the same terms and conditions of service (or on terms and conditions as similar thereto as the changes effected by this Act permit) as were applicable to him immediately before such commencement: Provided that nothing in this clause shall be deemed to prevent the new Court from altering the designation or the duties of any office or post; (d) the new Court shall have all such original, appellate and other jurisdiction as under any law is exercisable immediately before the commencement of this Act by either of the existing Courts in respect of any area forming part of the new State; (e) the new Court shall have the same powers to admit, suspend and remove advocates, vakils and pleaders and to make rules with respect to advocates, vakils and pleaders in the whole of the new State as are immediately before the commencement of this Act, exercisable by either of the existing Courts: Provided that subject to any rules made by the new Court in exercise of the powers conferred by this clause, any person who immediately before the commencement of this Act is an advocate, vakil or pleader entitled to practise in either of the existing Courts shall be recognised as an advocate, vakil or pleader entitled to practise in the new Court; (f) subject to the provisions of this Part, the law in force immediately before the commencement of this Act with respect to the practice and procedure in the Court of the Judicial Commissioner for the existing State of Himachal Pradesh shall, until varied or altered by a competent authority, apply in relation to the new Court with such modifications as may be made by that Court; 6 ----- (g) the Judicial Commissioners’ Courts (Declaration as High Courts) Act, 1950 (15 of 1950) shall apply to the new Court as if the new Court were in existence at the commencement of that Act; and any other law in force immediately before the commencement of this Act relating to appeals to the Supreme Court from the Court of the Judicial Commissioner for the existing State of Himachal Pradesh shall, with necessary modifications, apply in relation to the new Court; (h) all proceedings which immediately before the commencement of this Act are pending in either of the existing Courts shall by virtue of this Act stand transferred to the new Court and shall be continued as if they had been proceedings instituted in that Court; (i) any order made by either of the existing Courts in any such proceedings as aforesaid shall for all purposes have effect, not only as an order of that Court, but also as an order made by the new Court; (j) references in any law to either of the existing Courts by whatever name, shall, unless the context otherwise requires, be construed as references to the new Court. **26. Subordinate Courts.—All Courts which immediately before the commencement of this Act** were exercising lawful powers, authority and jurisdiction under the superintendence and control of either of the existing Courts in any area forming part of the new State shall, until further provision is made by a competent legislature or authority, continue to exercise their respective powers, authority and jurisdiction in that area under the superintendence and control of the new Court. PART V ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS **27. Existing authorities and officers to continue to function in the new State.—Save** asotherwise provided in this Act, all authorities and all officers, judicial, executive and ministerial, who immediately before the commencement of this Act were exercising lawful functions in any area forming part of the new State, shall, until further provision is made by a competent authority, continue to exercise their respective functions as far as may be, in the same manner and to the same extent as they were doing before such commencement. **28. Existing laws to continue.—Save as otherwise provided in this Act, all the law in force** immediately before the commencement of this Act in any area forming part of the new State shall continue to be in force until repealed or amended by a competent legislature or authority. **29. Power to construe laws.—For the purpose of facilitating the application in relation to the** new State of any law made before the commencement of this Act, any Court, tribunal or authority may, subject to any express provision of this Act, construe the law with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the Court, tribunal or authority, as the case may be. **30. Existing taxes to continue.—All taxes, duties, cesses and fees which immediately before the** commencement of this Act were being lawfully levied in either of the existing States or any part thereof, shall continue to be levied in the same manner and to the same extent and to be applied for the same purposes until other provision is made by a competent legislature or authority. **31. Saving of the powers of the Central Government in relation to the Bhakra-Nangal** **Project.—Nothing in this Act shall be deemed to derogate from the powers of the Central** Government to make such arrangements or to take such action in relation to the Bhakra-Nangal Project as may, having due regard to the purposes of the Project, be necessary to ensure its proper administration and effective implementation. 7 ----- **32. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of** this Act, the President may make such orders not inconsistent with the said provisions, as appears to him to be necessary or expedient for the purpose of removing the difficulty: Provided that no such power shall be exercised by the President after the expiry of one year from the commencement of this Act. 8 ----- THE FIRST SCHEDULE (See section 10) MODIFICATIONS IN THE DELIMITATION OF PARLIAMENTARY CONSTITUENCIES (PART C STATES) ORDER, 1951 1. In paragraph 2, omit the words “Bilaspur and”. 2. In Table IV, after the entry relating to Chamba-Sirmur constituency, insert the following entry, namely:— “Bilaspur Bilaspur 1 ” THE SECOND SCHEDULE (See section 19) Amendment of the Constitution (Scheduled Castes) (Part C States) Order, 1951 1. In paragraph 2, for “Parts I to X” substitute “Parts I to IX”. 2. For paragraph 4, substitute the following, namely:— “4, Any reference in the Schedule to this Order,— (a) to the State of Himachal Pradesh or to a district or other territorial division thereof shall be construed as a reference to the State of Himachal Pradesh as formed by the Himachal Pradesh and Bilaspur (New State) Act, 1954, or to a district or other territorial division of that State as so formed; and (b) to any other State or to a district or other territorial division thereof shall be construed as a reference to that State or to that district or other territorial division as constituted on the 26th day of January, 1950.” 3. In the Schedule,— (a) omit Part III relating to Bilaspur; (b) renumber“Parts IV to X” as “Parts III to IX” respectively; (c) in Part V as so renumbered relating to Himachal Pradesh, insert the following, namely:— “31. Julahe 32. Dumne (Bhanjre) 33. Chuhre 34. Hese (Turi) 35. Chhimbe (Dhobi) 36. Sarehde 37. Daule.” 9 -----

28-May-1954

31

The Shillong (Rifle Range and Umlong) Cantonments Assimilation of Laws Act, 1954

https://www.indiacode.nic.in/bitstream/123456789/1445/1/A1954-31.pdf

central

# THE SHILLONG (RIFILE RANGE AND UMLONG) CANTONMENTS ASSIMILATION OF LAWS ACT, 1954 ___________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Assimilation of laws. 4. Removal of difficulties. THE SCHEDULE. 1 ----- # THE SHILLONG (RIFILE RANGE AND UMLONG) CANTONMENTS ASSIMILATION OF LAWS ACT, 1954 ACT NO. 31 OF 1954 [28th May, 1954.] # An Act to assimilate certain laws in force in the scheduled areas to the laws in force in the Khasi and Jaintia Hills District. BE it enacted by Parliament in the Fifth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Shillong (Rifle Range and** Umlong) Cantonments Assimilation of Laws Act, 1954. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act:—** (a) appointed day means the date appointed under sub-section (2) of section 1 for the coming into force of this Act. (b) law means so much of any Act, Ordinance, Regulation, rule, order or bye-law as relates to any of the matters enumerated in Lists I and III in the Seventh Schedule to the Constitution; (c) “scheduled areas means, the areas specified in the Schedule. **3. Assimilation of laws.—(1) All laws which immediately before the appointed day extend to, or** are in force in the scheduled areas shall on that day cease to be in force in the scheduled areas except as respects things done or omitted to be done before that day, and for the removal of doubts, it is herby declared that section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply in relation to such successor as it applies in relation to the repeal of an enactment by a Central Act. (2) All laws which immediately before the appointed day extend to, or in force in, the Khasi and Jaintia Hills District shall as from that day extend to and be in force in the scheduled areas. **4. Removal of difficulties.—If any difficulty arises in relation to the transition under section 3** from one law or group of laws to another law or group of laws, the Central Government may, by order notified in the Official Gazette, make such provisions as it considers necessary for the removal of the difficulty. THE SCHEDULE [See section 2(c)] (1) The Shillong (Rifle Range) Cantonment, that is to say, the area as defined below:— _Note1.— This area lies about half a mile to the west of Laban village, and about the same distance_ south of the Umjasai river as it runs from west to east from Cantonment Boundary Pillar No.37. It is nowhere contiguous with the boundaries of the Shillong Cantonment. _Note 2.—No. 1 Boundary Pillar is situated at a bearing of 313[o] and at a distance of 420 feet from_ the centre of the 400[o] firing point on the main range through which the Ummawlong stream flows, and at a bearing of 243[o] and at a distance of 565 feet from centre of the 600[o] firing point on the same range, Magnetic variation, when this boundary was surveyed in 1926, was 15[o] west. 1. 16th August, 1954, see Gazette of India 1954, Part II, s. 3. 2 ----- _Boundaries of the detached area_ Pillars Bearing from Magnetic North Degrees Minutes Direct Horizontal distance in feet. Pillar No. 1 to Pillar No. 2 The boundary runs from pillar No 1 in a 308 18 335 north-westerly direction crossing the head of a Nala, to Pillar No. 2, which is situated on spur across this Nala. Pillar No. 2 to Pillar No. 3 Thence it veers slightly more north wards and descends a thickly wooded slope until it reaches a stream at pillar No. 3 Pillar No. 3 to Pillar No. 4 The boundary is formed by the stream between these two pillars and runs in a south-westerly direction. Pillar No. 4 is in midstream. Pillar No. 4 to Pillar No. 5 Thence it turns sharp south-east to pillar No. 5 situated at the foot of a steep of hill. Pillar No. 5 to Pillar No. 6 Thence the boundary again turns sharp south-west with a slight diagonal ascent. Pillar No. 6 to Pillar No. 7 From Pillar No. 6 the slight diagonal ascent is continue but almost due south. Pillar No. 7 to Pillar No. 8 The boundary thence continues in the same line for a distance of 40 Per feet whence it curves south-west to Pillar No. 8 situated in the center of a Nala 50 feet to the south-east of the south corner of a disused range butt. 317 12 391 219 42 830 144 48 61 238 12 113 187 24 164 212 6 208 Pillar No. 8 to Pillar No. 9 Thence to the south corner of this butt and along the 324 48 138 Pillar No. 9 in the centre of the south-west side of the butt. Pillar No. 9 to Pillar No. 10 The boundary thence turns a right angle to run southwest straight up a steep slope for a distance of 150 feet, thence turning south to follow a spur for 180 feet upto Pillar No. 10. Pillar No. 10 to Pillar No. 11 Thence under the brow of this spur in a curve, for 95 feet to the south-east and 60 feet almost south. Pillar No. 11 to Pillar No. 12 Thence south-west to Pillar No. 12 situated on the crest of the spur. Pillar No 12 to Pillar No. 13 The boundary between these two Pillars follows up the same spur in a south-easterly direction. Pillar No. 13 to Pillar No. 14 Thence the boundary turns south-east and runs down to a Nala. 205 48 300 141 54 150 238 54 120 225 30 391 159 30 231 Pillar No. 14 to Pillar No. 15 Thence in the same line to a spur across the Nala. 154 18 268 3 ----- Pillars Bearing from Magnetic North Degrees Minutes Direct Horizontal distance in feet. Pillar No. 15 to Pillar No. 16 Thence in the same line across this spur to the south slope of it. Pillar No. 16 to Pillar No. 17 The boundary turns Cast from Pillar No. 16 along the south slope of the spur. 152 30 320 77 12 235 Pillar No. 17 to Pillar No. 18 In the same line down the south-east slope of this spur. 82 36 210 Pillar No. 18 to Pillar No. 19 The boundary here veers north-east, descends a steep slope to cross a Nala down which the Wah Jalynnoh branch of the Ummawlong stream flows and ascends a steep slope to the north-east of this stream to Pillar No. 19 which is situated in a cleaning in a thick wood. Pillar No. 19 to Pillar No. 20 Thence almost in the same line but slightly more northerly along this cleaning to Pillar No. 20 on the edge of a track running south-west from the southern extremity of Kench’s Trace. Pillar No. 20 to Pillar No. 21 Thence north-east to Pillar No. 21 which is situated to the east of the southern extremity of Kench’s Trace. Pillar No. 21 to Pillar No. 22 The Boundary runs in a north westerly direction along Kench’s Trace to Pillar No. 21A; thence in a direct line to Pillar No. 21 B situated on Kench’s Trace; thence along Kench’s Trace through Pillar No. 21C to Pillar No. 21D; thence in adirect line to Pillar No. 22 which is situated on the west bank of the Ummawlong stream just north of the 20 yards firing point of the rifle range. Pillar No. 22 to Pillar No. 23 The west bank of the Ummawlong stream forms the boundary between these two pillars. Pillars No. 23 to Pillar No. 24 The boundary hence turns abruptly and runs southwest on to the lower crest of a spur. Pillar No. 24 to Pillar No. 25 Thence in the same line up and across a Nala running to the south-east of this spur. Pillar No. 25 to Pillar No. 26 Thence in the same line up the side of a spur to the south-east of this Nala, to Pillar No. 1. 75 54 850 70 42 464 42 48 363 326 30 680 5 30 1,440 203 42 200 203 42 200 203 12 240 (2) The Shillong (Umlong) Cantonment, that is to say, the area as defined below:— Area ...... 1,962 acres. Breamar East Boundary Pillar No.1 or Contonment Boundary Pillar No. 29 is situated on the left bank of the Wah Sohkhlur at a point 300 feet, north-west of Cantonment boundary Pillar No. 30 on a True Bearing of 308[o] II from Cantonment Boundary Pillar No. 30. 4 ----- (MagneticVariation . . . . . . . . 55’ west in 1931.) Description Forward bearings from true North Degrees Minutes Horizontal distance in feet. From Braemar Boundary Pillar No. 1 which is also Cantonment Boundary Pillar No. 29 the boundary runs across a stream in a north-westerly direction in a straight line along the boundary of private land to Braemar Boundary Pillar No. 2. From Braemar Boundary Pillar No. 2 the boundary runs in a westerly direction along the boundary of private land to the bed of the dry nallah at a point 10 feet north of Braemar Pillar No. 3. From Braemar Boundary Pillar No. 3 the boundary runs in a westerly direction along the bed of dry nallah to Braemar Boundary Pillar No. 4 which is situated near the head of this dry nallah. From Braemar Boundary Pillar No. 4 the boundary runs in a southerly direction for a distance of about 70 feet to a private cart road, thence along the east side of this road to Braemar Boundary Pillar No. 5 which is situated on a left bank of a stream, where the road crosses the stream. From Braemar Boundary Pillar No. 5 the boundary runs in a south-westerly direction across the stream and the cart road up the hill in a straight line to Braemar Boundary Pillar No. 6 alongside the Cantonment Boundary Pillar No. 34. From Braemar Boundary Pillar No. 6 the boundary runs in an easterly direction along the Cantonment Boundary to Braemar Boundary Pillar No. 7 which is situated where the road crosses the Wah Sohkhlur on its right bank approximately 46 feet west of Cantonment Boundary Pillar No. 33 situated on the hillside. From Braemary Boundary Pillar No. 7 the Boundary runs in a north-easterly direction along the Cantonment Boundary which is the right bank of the Wah Sohkhlur (Wah Lindoh) stream to Braemar Boundary Pillar No. 8 which is situated on the right bank where the river bends left handed below Cantonment Boundary Pillar No. 30. From Braemar Boundary Pillar No. 8 in a northwesterly direction along the Cantonment Boundary which is the right bank of the Wah Sokhlur (Wah Lindoh) stream and crossing it opposite Braemar Boundary Pillar No. 1. 5 294 30 165 258 05 800 252 28 800 184 53 580 216 50 240 97 05 705 36 30 1,150 292 30 195 -----

9-Oct-1954

43

The Special Marriage Act, 1954

https://www.indiacode.nic.in/bitstream/123456789/1387/1/A195443.pdf

central

# THE SPECIAL MARRIAGE ACT, 1954 ______ ARRANGEMENT OF SECTIONS ______ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Marriage Officers. CHAPTER II SOLEMNIZATION OF SPECIAL MARRIAGES 4. Conditions relating to solemnization of special marriages. 5. Notice of intended marriage. 6. Marriage Notice Book and publication. 7. Objection to marriage. 8. Procedure on receipt of objection. 9. Powers of Marriage Officers in respect of inquiries. 10. Procedure on receipt of objection by Marriage Officer abroad. 11. Declaration by parties and witnesses. 12. Place and form of solemnization. 13. Certificate of marriage. 14. New notice when marriage not solemnized within three months. CHAPTER III REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS 15. Registration of marriages celebrated in other forms. 16. Procedure for registration. 17. Appeals from orders under section 16. 18. Effect of registration of marriage under this Chapter. CHAPTER IV CONSEQUENCES OF MARRIAGE UNDER THIS ACT 19. Effect of marriage on member of undivided family. 20. Rights and disabilities not affected by Act. 21. Succession to property of parties married under Act. 21A. Special provision in certain cases. 1 ----- CHAPTER V RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION SECTIONS 22. Restitution of conjugal rights. 23. Judicial separation. CHAPTER VI NULLITY OF MARRIAGE AND DIVORCE 24. Void marriages. 25. Voidable marriages. 26. Legitimacy of children of void and voidable marriages. 27. Divorce. 27A. Alternative relief in divorce proceedings. 28. Divorce by mutual consent. 29. Restriction on petitions for divorce during first one year after marriage. 30. Remarriage of divorced persons. CHAPTER VII JURISDICTION AND PROCEDURE 31. Court to which petition should be made. 32. Contents and verification of petitions. 33. Proceedings to be in camera and may not be printed or published. 34. Duty of court in passing decrees. 35. Relief for respondent in divorce and other proceedings. 36. Alimony pendente lite. 37. Permanent alimony and maintenance. 38. Custody of children. 39. Appeals from decrees and orders. 39A. Enforcement of decrees and orders. 40. Application of Act 5 of 1908. 40A. Power to transfer petitions in certain cases. 40B. Special provisions relating to trial and disposal of petitions under the Act. 40C. Documentary evidence. 41. Power of High Court to make rules regulating procedure. CHAPTER VIII MISCELLANEOUS 42. Saving. 43. Penalty on married person marrying again under this Act. 44. Punishment of bigamy. 2 ----- SECTIONS 45. Penalty for signing false declaration or certificate. 46. Penalty for wrongful action of Marriage Officer. 47. Marriage Certificate Book to be open to inspection. 48. Transmission of copies of entries in marriage records. 49. Correction of errors. 50. Power to make rules. 51. Repeals and savings. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. THE FOURTH SCHEDULE. THE FIFTH SCHEDULE. 3 ----- # THE SPECIAL MARRIAGE ACT, 1954 ACT NO. 43 OF 1954[1] [9th October, 1954.] # An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. BE it enacted by Parliament in the Fifth Year of the Republic of India as follows:― CHAPTER I PRELIMINARY **1. Short title, extent and commencement.―(1) This Act may be called the Special Marriage** Act, 1954. (2) It extends to the whole of India [2]***, and applies also to citizens of India domiciled in the territories to which this Act extends who are[ 3][in the State of Jammu and Kashmir]. (3) It shall come into force on such date[4] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.―In this Act, unless the context otherwise requires,―** 5* - - - (b) “degrees of prohibited relationship”-a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship. _Explanation I.―Relationship includes,―_ (a) relationship by half or uterine blood as well as by full blood; (b) illegitimate blood relationship as well as legitimate; (c) relationship by adoption as well as by blood; and all terms of relationship in this Act shall be construed accordingly. _Explanation II.―“Full blood” and “half blood”―two persons are said to be related to each other by_ full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives. _Explanation III.―“Uterine blood”―two persons are said to be related to each other by uterine blood_ when they are descended from a common ancestress but by different husbands. _Explanation IV.―In_ _Explanations II_ and III, “ancestor” includes the father and “ancestress” the mother; 6* - - - (d) “district” in relation to a Marriage Officer, means the area for which he is appointed as such under sub-section (1) or sub-section (2) of section 3; 7[(e) “district court” means, in any area for which there is a city civil court, that court, and in any other area, the principal civil court of original jurisdiction, and includes any other civil court which 1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Schedule I and to Pondicherry by Reg. 7 of 1963, Section 3 and Schedule I (w.e.f. 1-10-1963). 2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10 2019). 3. Subs. by Act 33 of 1969, s. 29, for “outside the said territories” (w.e.f. 31-8-1969). 4. 1st January, 1955, _vide notification No. S.R.O. 3606, dated 17th December, 1954, published in the Gazette of India,_ Extraordinary, Part II, Section 3. The Act has been extended to State of Sikkim vide notification No. S.O. 1629(E), dated 15[th] April 2021, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 5. Omitted by Act 33 of 1969, s. 29. 6. Omitted by s. 29, ibid. 7. Subs. by Act 68 of 1976, s. 20, for clause (e) (w.e.f. 27-5-1976). 4 ----- may be specified by the State Government by notification in the Official Gazette as having jurisdiction in respect of the matters dealt with in this Act;] (f) “prescribed” means prescribed by rules made under this Act; 1[(g) “State Government”, in relation to a Union territory, means the administrator thereof.] **3. Marriage Officers.―(1) For the purposes of this Act, the State Government may, by, notification** in the Official Gazette, appoint one or more Marriage Officers for the whole or any part of the State. 2[(2) For the purposes of this Act, in its application to citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and Kashmir, the Central Government may, by notification in the Official Gazette, specify such officers of the Central Government as it may think fit to be the Marriage Officers for the State or any part thereof.] CHAPTER II SOLEMNIZATION OF SPECIAL MARRIAGES **4. Conditions relating to solemnization of special marriages.―Notwithstanding anything** contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:― (a) neither party has a spouse living; 3[(b) neither party― (i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (iii) has been subject to recurrent attacks of insanity [4]* * *;] (c) the male has completed the age of twenty-one years and the female the age of eighteen years; 5[(d) the parties are not within the degrees of prohibited relationship: Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship; and] 6[(e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends]. 7[Explanation.―In this section, “custom”, in relation to a person belonging to any tribe, community, group or family, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family: Provided that no such notification shall be issued in relation to the members of any tribe, community, group or family, unless the State Government is satisfied— (i) that such rule has been continuously and uniformly observed for a long time among those members; (ii) that such rule is certain and not unreasonable or opposed to public policy; and 1. Subs. by the A.O. (No. 3) Order, 1956 for clause (g). 2. Subs. by Act 33 of 1969, s. 29, for sub-section (2) (w.e.f. 31-8-1969). 3. Subs. by Act 68 of 1976, s. 21, for clause (b) (w.e.f. 27-5-1976). 4. The words “or epilepsy” omitted by Act 39 of 1999, s. 4 (w.e.f. 29-12-1999). 5. Subs. by Act 32 of 1963, s. 2, for clause (d) (w.e.f. 22-9-1963). 6. Subs. by Act 33 of 1969, s. 29, for clause (e) (w.e.f. 31-8-1969). 7. Ins. by Act 32 of 1963, s. 2 (w.e.f. 22-9-1963). 5 ----- (iii) that such rule, if applicable only to a family, has not been discontinued by the family.] **5. Notice of intended marriage.―When a marriage is intended to be solemnized under this Act, the** parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given. **6. Marriage Notice Book and publication.―(1) The Marriage Officer shall keep all notices given** under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the Marriage Notice Book, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same. (2) The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office. (3) Where either of the parties to an intended marriage is not permanently residing within the local limits of the district of the Marriage Officer to whom the notice has been given under section 5, the Marriage Officer shall also cause a copy of such notice to be transmitted to the Marriage Officer of the district within whose limits such party is permanently residing, and that Marriage Officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office. **7. Objection to marriage.―(1) Any person may, before the expiration of thirty days from the date** on which any such notice has been published under sub-section (2) of section 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4. (2) After the expiration of thirty days from the date on which notice of an intended marriage has been published under sub-section (2) of section 6, the marriage may be solemnized, unless it has been previously objected to under sub-section (1). (3) The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage Notice Book, be read over and explained if necessary, to the person making the objection and shall be signed by him or on his behalf. **8. Procedure on receipt of objection.―(1) If an objection is made under section 7 to an intended** marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it; but the Marriage Officer shall not take more than thirty days from the date of the objection for the purpose of inquiring into the matter of the objection and arriving at a decision. (2) If the Marriage Officer upholds the objection and refuses to solemnize the marriage, either party to the intended marriage may, within a period of thirty days from the date of such refusal, prefer an appeal to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the Marriage Officer shall act in conformity with the decision of the court. **9. Powers of Marriage Officers in respect of inquiries.―(1) For the purpose of any inquiry under** section 8, the Marriage Officer shall have all the powers vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters, namely:― (a) summoning and enforcing the attendance of witnesses and examining them on oath; (b) discovery and inspection; (c) compelling the production of documents; (d) reception of evidence of affidavits; and (e) issuing commissions for the examination of witnesses; and any proceeding before the Marriage Officer shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code (45 of 1860). 6 ----- _Explanation.―For the purpose of enforcing the attendance of any person to give evidence, the local_ limits of the jurisdiction of the Marriage Officer shall be the local limits of his district. (2) If it appears to the Marriage Officer that the objection made to an intended marriage is not reasonable and has not been made in good faith he may impose on the person objecting costs by way of compensation not exceeding one thousand rupees and award the whole or any part thereof, to the parties to the intended marriage, and any order for costs so made may be executed in the same manner as a decree passed by the district court within the local limits of whose jurisdiction the Marriage Officer has his office. **10. Procedure on receipt of objection by Marriage Officer abroad.―Where an objection is made** under section 7 to a Marriage Officer [1][in the State of Jammu and Kashmir in respect of an intended marriage in the State], and the Marriage Officer, after making such inquiry into the matter as he thinks fit, entertains a doubt in respect thereof, he shall not solemnize the marriage but shall transmit the record with such statement respecting the matter as he thinks fit to the Central Government, and the Central Government, after making such inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the Marriage Officer who shall act in conformity with the decision of the Central Government. **11. Declaration by parties and witnesses.―Before the marriage is solemnized the parties and three** witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer. **12. Place and form of solemnization.―(1) The marriage may be solemnized at the office of the** Marriage Officer, or at such other place within a reasonable distance therefrom as the parties may desire, and upon such conditions and the payment of such additional fees as may be prescribed. (2) The marriage may be solemnized in any form which the parties may choose to adopt: Provided that it shall not be complete and binding on the parties unless each party says to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties,―“I, (A), take the (B), to be my lawful wife (or husband)”. **13. Certificate of marriage.―(1) When the marriage has been solemnized, the Marriage Officer** shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses. (2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the Certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with. **14. New notice when marriage not solemnized within three months.―Whenever a marriage is not** solemnized within three calendar months from the date on which notice thereof has been given to the Marriage Officer as required by section 5, or where an appeal has been filed under sub-section (2) of section 8, within three months from the date of the decision of the district court on such appeal or, where the record of a case has been transmitted to the Central Government under section 10, within three months from the date of decision of the Central Government, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until a new notice has been given in the manner laid down in this Act. CHAPTER III REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS **15. Registration of marriages celebrated in other forms.―Any marriage celebrated, whether** before or after the commencement of this Act, other than a marriage solemnized under the Special 1. Subs. by Act 33 of 1969, s. 29, for “outside the territories to which this Act extends in respect of an intended marriage outside the said territories” (w.e.f. 31-8-1969). 7 ----- Marriage Act, 1872 (3 of 1872), or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:― (a) a ceremony of marriage has been performed between the parties and they have .been living together as husband and wife ever since; (b) neither party has at the time of registration more than one spouse living; (c) neither party is an idiot or a lunatic at the time of registration; (d) the parties have completed the age of twenty-one years at the time of registration; (e) the parties are not within the degrees of prohibited relationship: Provided that in the case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and (f) the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage. **16. Procedure for registration.―Upon receipt of an application signed by both the parties to the** marriage for the registration of their marriage under this Chapter the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received within that period, shall, if satisfied that all the conditions mentioned in section 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the parties to the marriage and by three witnesses. **17. Appeals from orders under section 16.―Any person aggrieved by any order of a Marriage** Officer refusing to register a marriage under this Chapter may, within thirty days from the date of the order, appeal against that order to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the Marriage Officer to whom the application was made shall act in conformity with such decision. **18. Effect of registration of marriage under this Chapter.―Subject to the provisions contained in** sub-section (2) of section 24, where a certificate of marriage has been finally entered in the Marriage Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a marriage solemnized under this Act, and all children born after the date of the ceremony of marriage (whose names shall also be entered in the Marriage Certificate Book) shall in all respects be deemed to be and always to have been the legitimate children of their parents: Provided that nothing contained in this section shall be construed as conferring upon any such children any rights in or to the property of any person other than their parents in any case where, but for the passing of this Act, such children would have been incapable of possessing or acquiring any such rights by reason of their not being the legitimate children of their parents. CHAPTER IV CONSEQUENCES OF MARRIAGE UNDER THIS ACT **19. Effect of marriage on member of undivided family.―The marriage solemnized under this Act** of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religions shall be deemed to effect his severance from such family. **20. Rights and disabilities not affected by Act.―Subject to the provisions of section 19, any person** whose marriage is solemnized under this Act shall have the same rights and shall be subject to the same disabilities in regard to the right of succession to any property as a person to whom the Caste Disabilities Removal Act, 1850 (21 of 1850), applies. **21. Succession to property of parties married under Act.―Notwithstanding any restrictions** contained in the Indian Succession Act, 1925 (39 of 1925), with respect to its application to members of 8 ----- certain communities, succession to the property or any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act and for the purposes of this Act shall have effect as if Chapter III of Part V (Special Rules for Parsi Intestates) had been omitted therefrom. **1[21A. Special provision in certain cases.―Where the marriage is solemnized under this Act of any** person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu, Buddhist, Sikh or Jaina religion, section 19 and section 21 shall not apply and so much of section 20 as creates a disability shall also not apply.] CHAPTER V RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION **22. Restitution of conjugal rights.―When either the husband or the wife has, without reasonable** excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 2[Explanation.―Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of providing reasonable excuse shall be on the person who has withdrawn from the society.] **23. Judicial separation.―(1) A petition for judicial separation may be presented to the district court** either by the husband or the wife,― (a) on any of the grounds specified[ 3][in sub-section (1) [4][and sub-section (1A)] of section 27] on which a petition for divorce might have been presented; or (b) on the ground of failure to comply with a decree for restitution of conjugal rights; and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly. (2) Where the court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. CHAPTER VI NULLITY OF MARRIAGE AND DIVORCE **24. Void marriages.―(1) Any marriage solemnized under this Act shall be null and void [5][and may,** on a petition presented by either party thereto against the other party, be so declared] by a decree of nullity if― (i) any of the conditions specified in clauses (a), (b), (c) and (d) of section 4 has not been fulfilled; or (ii) the respondent was impotent at the time of the marriage and at the time of the institution of the suit. (2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under this Act within the meaning of section 18, but the registration of any such marriage under Chapter III may be declared to be of no effect if the registration was in contravention of any of the conditions specified in clauses (a) to (e) of section 15: 1. Ins. by Act 68 of 1976, s. 22 (w.e.f. 27-5-1976). 2. Added by s. 23, ibid. 3. Subs. by Act 29 of 1970, s. 2, for certain words (w.e.f. 12-8-1970). 4. Ins. by Act 68 of 1976, s. 24 (w.e.f. 27-5-1976). 5. Subs. by s. 25, ibid., for “and may be so declared” (w.e.f. 27-5-1976). 9 ----- Provided that no such declaration shall be made in any case where an appeal has been preferred under section 17 and the decision of the district court has become final. **25. Voidable marriages.―Any marriage solemnized under this Act shall be voidable and may be** annulled by a decree of nullity if,― (i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or (ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or (iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872): Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,― (a) that the petitioner was at the time of the marriage ignorant of the facts alleged; (b) that proceedings were instituted within a year from the date of the marriage; and (c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall not grant a decree if,― (a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or (b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered. **1[26. Legitimacy of children of void and voidable marriages.―(1) Notwithstanding that a marriage** is null and void under section 24, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act. (2) Where a decree of nullity is granted in respect of a voidable marriage under section 25, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it has been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity. (3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 25, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of not his being the legitimate child of his parents.] **27. Divorce.―[2][(1)] Subject to the provisions of this Act and to the rules made thereunder, a petition** for divorce may be presented to the district court either by the husband or the wife on the ground that the respondent― 3[(a) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or (b) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or] 1. Subs. by Act 68 of 1976, s. 26, for section 26 (w.e.f. 27-5-1976). 2. Section 27 renumbered as sub-section (1) thereof by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970). 3. Subs. by Act 68 of 1976, s. 27, for clauses (a) and (b). 10 ----- (c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860); 1* - - - (d) has since the solemnization of the marriage treated the petitioner with cruelty; or 2[(e) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. _Explanation.―In this clause,―_ (a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; (b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the respondent, and whether or not it requires or is susceptible to medical treatment; or (f) has been suffering from venereal disease in a communicable form; or] 3* - - - (h) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; [4]* * * 5[Explanation.―In this sub-section, the expression “desertion” means desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly;] 6* - - - 7* - - - 8[(1A) A wife may also present a petition for divorce to the district court on the ground,― (i) that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; (ii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or under the corresponding section 488 of the Code of Criminal Procedure, 1898) (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards.] 1. The Proviso omitted by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976). 2. Subs. by s. 27, ibid., for clauses (e) and (f) (w.e.f. 27-5-1976). 3. Clause (g) omitted by Act 6 of 2019, s. 4 (w.e.f. 1-3-2019). 4. The word “or” omitted by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970). 5. Ins. by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976). 6. The words “and by the wife on the ground that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality” omitted by s. 27, ibid. (w.e.f. 27-5-1976). 7. Omitted by Act 29 of 1970), s. 3 (w.e.f. 12-8-1970). 8. Ins. by Act 68 of 1976, s. 27 (w.e.f. 27-5-1976). 11 ----- 1[(2) Subject to the provisions of this Act and to the rules made thereunder, either party to a marriage, whether solemnized before or after the commencement of the Special Marriage (Amendment) Act, 1970 (29 of 1970), may present a petition for divorce to the district court on the ground―(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.] 2[27A. Alternative relief in divorce proceedings.―In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except insofar as the petition is founded on the ground mentioned in clause (h) of sub-section (1) of section 27, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.] **28. Divorce by mutual consent.―(1) Subject to the provisions of this Act and to the rules made** thereunder, a petition for divorce may be presented to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. (2) [3][On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months] after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree. **29. Restriction on petitions for divorce during first one year after marriage.―(1) No petition for** divorce shall be presented to the district court [4][unless at the date of the presentation of the petition one year has passed] since the date of entering the certificate of marriage in the Marriage Certificate Book: Provided that the district court may, upon application being made to it, allow a petition to be presented [5][before one year has passed] on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the district court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the district court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the [6][expiry of one year] from the date of the marriage or may dismiss the petition, without prejudice to any petition, which may be brought after the [7][expiration of the said one year] upon the same, or substantially the same, facts as those proved in support of the petition so dismissed. (2) In disposing of any application under this section for leave to present a petition for divorce before the [8][expiration of one year] from the date of the marriage, the district court shall have regard to the interests of any children of the marriage, and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the [9][said one year]. **30. Remarriage of divorced persons.―Where a marriage has been dissolved by a decree of divorce,** and either there is no right of appeal against the decree or if there is such a right of appeal, the time for 1. Ins. by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970). 2. Ins. by Act 68 of 1976, s. 28 (w.e.f. 27-5-1976). 3. Subs. by s. 29, ibid., for “On the motion of both the parties made not earlier than one year after the date of the presentation of the petition referred to in sub-section (1) and not later than two years” (w.e.f. 27-5-1976). 4. Subs. by s. 30, ibid., for “unless at the date of the presentation of the petition three years have passed” (w.e.f. 27-5-1976). 5. Subs. by s. 30, ibid., for “before three years have passed” (w.e.f. 27-5-1976). 6. Subs. by s. 30, ibid., for “expiry of three years” (w.e.f. 27-5-1976). 7. Subs. by s. 30, ibid., for “expiration of the said three years” (w.e.f. 27-5-1976). 8. Subs. by s. 30, ibid.,for “expiration of the three years” (w.e.f. 27-5-1976). 9. Subs. by s. 30, ibid., for “said three years” (w.e.f. 27-5-1976). 12 ----- appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed [1]* * * either party to the marriage may marry again. CHAPTER VII JURISDICTION AND PROCEDURE **31. Court to which petition should be made.―[2][(1) Every petition under Chapter V or Chapter VI** shall be presented to the district court within the local limits of whose original civil jurisdiction- (i) the marriage was solemnized; or (ii) the respondent, at the time of the presentation of the petition resides; or (iii) the parties to the marriage last resided together; or 3[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition; or] (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he were alive.] (2) Without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories. **32. Contents and verification of petitions.―(1) Every petition under Chapter V or Chapter VI shall** state, as distinctly as the nature of the case permits the facts on which the claim to relief is founded, and shall also state that there is no collusion between, the petitioner and the other party to the marriage. (2) The statements contained in every such petition shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence. [4][33. Proceedings to be in camera and may not be printed or published.―(1) Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court. (2) If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.] **34. Duty of court in passing decrees.―(1) In any proceeding under Chapter V or Chapter VI,** whether defended or not, if the court is satisfied that,― (a) any of the grounds for granting relief exists; and (b) [5][where the petition is founded on the ground specified in clause (a) of sub-section (1) of section 27, the petitioner has not in any manner been accessory to or connived at or condoned the act of sexual intercourse referred to therein], or, where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty; and (c) when divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence; and 1. The words “and one year has elapsed thereafter but not sooner” omitted by Act 68 of 1976, s. 31, (w.e.f. 27-5-1976). 2. Subs. by s. 32, ibid., for sub-section (1) (w.e.f. 27-5-1976). 3. Ins. by Act 50 of 2003, s. 2 (w.e.f. 23-12-2003). 4. Subs. by Act 68 of 1976, s. 33, for section 33 (w.e.f. 27-5-1976). 5. Subs. by s. 34, ibid. for “where the ground of the petition is adultery, the petitioner has not in any manner been accessory to or connived at or condoned the adultery” (w.e.f. 27-5-1976). 13 ----- (d) the petition is not presented or prosecuted in collusion with the respondent; and (e) there has not been any unnecessary or improper delay in instituting the proceedings; and (f) there is no other legal ground why the relief should not be granted; then, and in such a case, but not otherwise, the court shall decree such relief accordingly. (2) Before proceeding to grant any relief under this Act it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties: 1[Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is sought on any of the grounds specified in clause (c), clause (e), clause (f), clause (g) and clause (h) of subsection (1) of section 27.] 2[(3) For the purpose of aiding the court in bringing about such reconciliation, the court may, if the parties so desire or if the court thinks it just and proper so to do, adjourn the proceedings for a reasonable period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person, with directions to report to the court as to whether reconciliation can be and has been, effected and the court shall in disposing of the proceeding have due regard to the report. (4) In every case where a marriage is dissolved by a decree of divorce, the court passing the decree shall give a copy thereof free of cost to each of the parties.] [3][35. Relief for respondent in divorce and other proceedings.―In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner’s adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground, and if the petitioner’s adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground.] **36. Alimony pendente lite.―Where in any proceeding under Chapter V or Chapter VI it appears to** the district court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and weekly or monthly during the proceeding such sum as having regard to the husband’s income, it may seem to the court to be reasonable. [4][Provided that the application for the payment of the expenses of the proceeding and such weekly or monthly sum during the proceeding under Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the husband.] **37. Permanent alimony and maintenance.―(1) Any court exercising jurisdiction under Chapter V** or Chapter VI may, at the time of passing any decree or at any time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support, if necessary, by a charge on the husband’s property such gross sum or such monthly or periodical payment of money for a term not exceeding her life, as, having regard to her own property, if any, her husband’s property and ability [5][the conduct of the parties and other circumstances of the case], it may seem to the court to be just. (2) If the district court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as it may seem to the court to be just. 1. Added by Act 68 of 1976, s. 34 (w.e.f. 27-5-1976). 2. Ins. by s. 34, ibid. (w.e.f. 27-5-1976). 3. Subs. by s. 35, ibid., for section 35 (w.e.f. 27-5-1976). 4. Ins. by Act 49 of 2001, s. 6 (w.e.f. 24-9-2001). 5. Subs. by Act 68 of 1976, s. 36, for “and the conduct of the parties” (w.e.f. 27-5-1976). 14 ----- (3) If the district court is satisfied that the wife in whose favour an order has been made under this section has remarried or is not leading a chaste life, [1][it may, at the instance of the husband vary, modify or rescind any such order and in such manner as the court may deem just.] **38. Custody of children.―In any proceeding under Chapter V or Chapter VI the district court may,** from time to time, pass such interim orders and make such provisions in the decree as it may seem to it to be just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may, after the decree, upon application by petition for the purpose, make, revoke, suspend or vary, from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending. 2[Provided that the application with respect to the maintenance and education of the minor children, during the proceeding, under Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.] 3[39. Appeals from decrees and orders.―(1) All decrees made by the court in any proceeding under Chapter V or Chapter VI shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction. (2) Orders made by the court in any proceeding under this Act, under section 37 or section 38 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original jurisdiction. (3) There shall be no appeal under this section on the subject of costs only. (4) Every appeal under this section shall be preferred within a [4][period of ninety days] from the date of the decree or order. **39A. Enforcement of decrees and orders.―All decrees and orders made by the court in any** proceeding under Chapter V or Chapter VI shall be enforced in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction for the time being are enforced.] **40. Application of Act 5 of 1908.―Subject to the other provisions contained in this Act, and to such** rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908 (5 of 1908). 5[40A. Power to transfer petitions in certain cases.―(1) Where― (a) a petition under this Act has been presented to the district court having jurisdiction, by a party to the marriage praying for a decree for judicial separation under section 23 or for a decree of divorce under section 27, and (b) another petition under this Act has been presented thereafter by the other party to the marriage praying for decree for judicial separation under section 23, or for decree of divorce under section 27 on any ground whether in the same district court, or in a different district court, in the same State or in a different State, the petition shall be dealt with as specified in sub-section (2). (2) In a case where sub-section (1) applies,― (a) if the petitions are presented to the same district court, both the petitions shall be tried and heard together by that district court; 1. Subs. by Act 68 of 1976, s. 36, for “it shall rescind the order” (w.e.f. 27-5-1976). 2. The proviso ins. by Act 49 of 2001, s. 7 (w.e.f. 24-9-2001). 3. Subs. by Act 68 of 1976, s. 37, for section 39 (w.e.f. 27-5-1976). 4. Subs. by Act 50 of 2003, s. 3, for “period of thirty days” (w.e.f. 23-12-2003). 5. Ins. by Act 68 of 1976, s. 38 (w.e.f. 27-5-1976). 15 ----- (b) if the petitions are presented to different district courts, the petitions presented later shall be transferred to the district court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented. (3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, 1908 (5 of 1908), to transfer any suit or proceeding from the district court in which the later petition has been presented to the district court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code. **40B. Special provisions relating to trial and disposal of petitions under the Act.―(1) The trial of** a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day, until its conclusions, unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. (2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. (3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent. **40C. Documentary evidence.―Notwithstanding anything contained in any enactment to the** contrary, no document shall be inadmissible in evidence in any proceeding at the trial of a petition under this Act on the ground that it is not duly stamped or registered.] **41. Power of High Court to make rules regulating procedure.―(1) The High Court shall, by** notification in the Official Gazette, make such rules consistent with the provisions contained in this Act and the Code of Civil Procedure, 1908 (5 of 1908), as it may consider expedient for the purpose of carrying into effect the provisions of Chapters V, VI and VII. (2) In particular, and without prejudice to the generality of the foregoing provision, such rules shall provide for,― (a) the impleading by the petitioner of the adulterer as a co-respondent on a petition for divorce on the ground of adultery, and the circumstances in which the petitioner may be execused from doing so; (b) the awarding of damages against any such co-respondent; (c) the intervention in any proceeding under Chapter V or Chapter VI by any person not already a party thereto; (d) the form and contents of petitions for nullity of marriage or for divorce and the payment of costs incurred by parties to such petitions; and (e) any other matter for which no provision or no sufficient provision is made in this Act, and for which provision is made in the Indian Divorce Act, 1869 (4 of 1869). CHAPTER VIII MISCELLANEOUS **42. Saving.―Nothing contained in this Act shall affect the validity of any marriage not solemnized** under its provisions; nor shall this Act be deemed directly or indirectly to affect the validity of any mode of contracting marriage. **43. Penalty on married person marrying again under this Act.―Save as otherwise provided in** Chapter III, every person who, being at the time married, procures, a marriage of himself or herself to be solemnized under this Act shall be deemed to have committed an offence under section 494 or section 495 of the Indian Penal Code (45 of 1860), as the case may be, and the marriage so solemnized shall be void. 16 ----- **44. Punishment of bigamy.―Every person whose marriage is solemnized under this Act and who,** during the lifetime of his or her wife or husband, contracts any other marriage shall be subject to the penalties provided in section 494 and section 495 of the Indian Penal Code (45 of 1860), for the offence of marrying again during the lifetime of a husband or wife, and the marriage so contracted shall be void. **45. Penalty for signing false declaration or certificate.―Every person making, signing or attesting** any declaration or certificate required by or under this Act containing a statement which is false and which he either knows or believes to be false or does not believe to be true shall be guilty of the offence described in section 199 of the Indian Penal Code (45 of 1860). **46. Penalty for wrongful action of Marriage Officer.―Any Marriage Officer who knowingly and** wilfully solemnizes a marriage under this Act,― (1) without publishing a notice regarding such marriage as required by section 5, or (2) within thirty days of the publication of the notice of such marriage, or (3) in contravention of any other provision in this Act, shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both. **47. Marriage Certificate Book to be open to inspection.―(1) The Marriage Certificate Book kept** under this Act shall at all reasonable times be open for inspection and shall be admissible as evidence of the statements therein contained. (2) Certified extracts from the Marriage Certificate Book shall, on application, be given by the Marriage Officer to the applicant on payment by him of the prescribed fee. **48. Transmission of copies of entries in marriage records.―Every Marriage Officer in a State** shall send to Registrar-General of Births, Deaths and Marriages of that State at such intervals and in such form as may be prescribed, a true copy of all entries made by him in the Marriage Certificate Book since the last of such intervals, and, in the case of Marriage Officers outside the territories to which this Act extends, the true copy shall be sent to such authority as the Central Government may specify in this behalf. **49. Correction of errors.―(1) Any Marriage Officer who discovers any error in the form or** substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons married or, in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin without any alteration of the original entry and shall sign the marginal entry and add thereto the date of such correction and the Marriage Officer shall make the like marginal entry in the certificate thereof. (2) Every correction made under this section shall be attested by the witnesses in whose presence it was made. (3) Where a copy of any entry has already been sent under section 48 to the Registrar-General or other authority the Marriage Officer shall make and send in like manner a separate certificate of the original erroneous entry and of the marginal corrections therein made. **50. Power to make rules.―(1) The Central Government, in the case of [1]* * * officers of the Central** Government, and the State Government, in all other cases, may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:― (a) the duties and powers of Marriage Officers and the areas in which they may exercise jurisdiction; 1. The words “diplomatic and consular officers and other” omitted by Act 33 of 1969, s. 29 (w.e.f. 31-8-1969). 17 ----- (b) the manner in which a Marriage Officer may hold inquiries under this Act and the procedure therefor; (c) the form and manner in which any books required by or under this Act shall be maintained; (d) the fees that may be levied for the performance of any duty imposed upon a Marriage Officer under this Act; (e) the manner in which public notice shall be given under section 16; (f) the form in which, and the intervals within which, copies of entries in the Marriage Certificate Book shall be sent in pursuance of section 48; (g) any other matter which may be or requires to be prescribed. 1[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (4) Every rule made by the State Government under this Act shall be laid, as soon as it is made before the State Legislature.] **51. Repeals and savings.―(1) The Special Marriage Act, 1872 (3 of 1872), and any law** corresponding to the Special Marriage Act, 1872 (3 of 1872), in force in any Part B State immediately before the commencement of this Act are hereby repealed. (2) Notwithstanding such repeal,― (a) all marriages duly solemnized under the Special Marriage Act, 1872 (3 of 1872), or any such corresponding law shall be deemed to have been solemnized under this Act; (b) all suits and proceedings in causes and matters matrimonial which, when this Act comes into operation, are pending in any court, shall be dealt with and decided by such court, so far as may be, as if they had been originally instituted therein under this Act. (3) The provisions of sub-section (2) shall be without prejudice to the provisions contained in section 6 of the General Clauses Act, 1897 (10 of 1897), which shall also apply to the repeal of the corresponding law as if such corresponding law had been an enactment. 1. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15.3.1984). 18 ----- # THE FIRST SCHEDULE [See section 2(b) “Degrees of prohibited relationship”] PART I 1. Mother. 2. Father’s widow (step-mother). 3. Mother’s mother. 4. Mother’s father’s widow (step grand-mother). 5. Mother’s mother’s mother. 6. Mother’s mother’s father’s widow (step great grand-mother). 7. Mother’s father’s mother. 8. Mother’s father’s father’s widow (step great grand-mother). 9. Father’s mother. 10. Father’s father’s widow (step-grand mother). 11. Father’s mother’s mother. 12. Father’s mother’s father’s widow (step great grand-mother). 13. Father’s father’s mother. 14. Father’s father’s father’s widow (step great grand-mother). 15. Daughter. 16. Son’s widow. 17. Daughter’s daughter. 18. Daughter’s son’s widow. 19. Son’s daughter. 20. Son’s son’s widow. 21. Daughter’s daughter’s daughter. 22. Daughter’s daughter’s son’s widow. 23. Daughter’s son’s daughter. 24. Daughter’s son’s son’s widow. 25. Son’s daughter’s daughter. 26. Son’s daughter’s son’s widow. 27. Son’s son’s daughter. 28. Son’s son’s son’s widow. 29. Sister. 30. Sister’s daughter. 31. Brother’s daughter. 32. Mother’s sister. 33. Father’s sister. 34. Father’s brother’s daughter. 19 ----- 35. Father’s sister’s daughter. 36. Mother’s sister’s daughter. 37. Mother’s brother’s daughter. _Explanation.―For the purposes of this Part, the expression “widow” includes a divorced wife._ PART II 1. Father. 2. Mother’s husband (step-father). 3. Father’s father. 4. Father’s mother’s husband (step grand-father). 5. Father’s father’s father. 6. Father’s father’s mother’s husband (step great grand-father). 7. Father’s mother’s father. 8. Father’s mother’s mother’s husband (step great grand-father). 9. Mother’s father. 10. Mother’s mother’s husband (step grand-father). 11. Mother’s father’s father. 12. Mother’s father’s mother’s husband (step great grand-father). 13. Mother’s mother’s father. 14. Mother’s mother’s mother’s husband (step great grand-father). 15. Son. 16. Daughter’s husband. 17. Son’s son. 18. Son’s daughter’s husband. 19. Daughter’s son. 20. Daughter’s daughter’s husband. 21. Son’s son’s son. 22. Son’s son’s daughter’s husband. 23. Son’s daughter’s son. 24. Sen’s daughter’s daughter’s husband. 25. Daughter’s son’s son. 26. Daughter’s son’s daughter’s husband. 27. Daughter’s daughter’s son. 28. Daughter’s daughter’s daughter’s husband. 29. Brother. 30. Brother’s son. 31. Sister’s son. 32. Mother’s brother. 20 ----- 33. Father’s brother. 34. Father’s brother’s son. 35. Father’s sister’s son. 36. Mother’s sister’s son. 37. Mother’s brother’s son. _Explanation.―For the purposes of this part, the expression “husband” includes a divorced husband._ 21 ----- THE SECOND SCHEDULE (See section 5) NOTICE OF INTENDED MARRIAGE To Marriage Officer for the .........................................................................District. # We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months from the date hereof. Name Condition Occupation Age Dwelling place A.B. Unmarried Widower Divorcee C.D. Unmarried Widow Divorcee Permanent place dwelling if present dwelling place not permanent Length of residence Witness our hands this ....................................day of...........................................20...... (Sd.) A.B., (Sd.) C.D., 22 ----- # THE THIRD SCHEDULE (See section 11) DECLARATION TO BE MADE BY THE BRIDEGROOM I, A.B., hereby declare as follows:― 1. I am at the present time unmarried (or a widower or a divorcee, as the case may be). 2. I have completed .....years of age. 3. I am not related to C.D. (the bride) within the degrees of prohibited relationship. 4. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine. (Sd.) A.B. (the Bridegroom). DECLARATION TO BE MADE BY THE BRIDE I, C.D., hereby declare as follows:― 1. I am at the present time unmarried (or a widow or a divorcee, as the case may be). 2. I have completed ....years of age. 3. I am not related to A.B. (the Bridegroom) within the degrees of prohibited relationship. 4. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine. (Sd.) C.D. (the Bride) Signed in our presence by the above-named A.B. and C.D. So far as we are aware there is no lawful impediment to the marriage. (Sd.) G.H. (Sd.) I.J. Three witnesses. (Sd.) K.L. Countersigned E.F., Marriage Officer _Dated the_ _day of 20_ 23 ----- THE FOURTH SCHEDULE (See section 13) CERTIFICATE OF MARRIAGE I, E.F., hereby certify that on the………………………………………………………………….day of ………………………………………………20…………..,A.B. and C.D* appeared before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations required by section 11 and that a marriage under this Act was solemnized between them in my presence. (Sd.) E.F., _Marriage Officer for_ (Sd.) A.B., _Bridegroom_ (Sd.) C.D., Bride. (Sd.) G.H. (Sd.) I.J. Three witnesses (Sd.) K.L. # Dated the day of 20 _______________________ - Herein give particulars of the parties. 24 ----- # THE FIFTH SCHEDULE (See section 16) CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS I, E.F., hereby certify that A.B. and CD.* appeared before me this …………day of………. 20 and that each of them, in my presence and in the presence of three witnesses who have signed hereunder have declared that a ceremony of marriage has been performed between them and that they have been living together as husband and wife since the time of their marriage, and that in accordance with their desire to have their marriage registered under this Act, the said marriage has, this day of 20……..................... been registered under this Act, having effect as from. (Sd.) E.F., _Marriage Officer for_ (Sd.) A.B., _Husband._ (Sd.) C.D. _Wife._ (Sd.) G.H. (Sd.) IJ. Three witnesses. (Sd.) K.L. _Dated the day of 20._ _______________________ - Herein give particulars of the parties. 25 -----

1-Apr-1955

10

The Essential Commodities Act, 1955

https://www.indiacode.nic.in/bitstream/123456789/1579/1/A1955__10.pdf

central

# THE ESSENTIAL COMMODITIES ACT, 1955 _________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title and extent. 2. Definitions. 2A. Essential commodities declaration, etc. 3. Powers to control production, supply, distribution, etc., of essential commodities. 4. Imposition of duties on State Governments, etc. 5. Delegation of powers. 6. Effect of orders inconsistent with other enactments. 6A. Confiscation of essential commodity. 6B. Issue of show cause notice before confiscation of food grains, etc. 6C. Appeal. 6D. Award of confiscation not to interfere with other punishments. 6E. Bar of jurisdiction in certain cases. 7. Penalties. 7A. Power of Central Government to recover certain amounts as arrears of land revenue. 8. Attempts and abetment. 9. False statement. 10. Offences by companies. 10A. Offences to be cognizable. 10B. Power of court to publish name, place of business, etc., of companies convicted under the Act. 10C. Presumption of culpable mental state. 11. Cognizance of offences. 12. Special provision regarding fine. 12A. Power to try summarily. 12B. Grant of injunction, etc., by civil courts. 13. Presumption as to orders. 14. Burden of proof in certain cases. 15. Protection of action taken under Act. 15A. Prosecution of public servants. 16. Repeals and savings. THE SCHEDULE. 1 ----- # THE ESSENTIAL COMMODITIES ACT, 1955[1] ACT NO. 10 OF 1955 [1st April, 1955.] # An Act to provide, in the interest of the general public, for the control of the production, supply and distribution of, and trade and commerce, in certain commodities. BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:― **1. Short title and extent.―(1) This Act may be called the Essential Commodities Act, 1955.** (2) It extends to the whole of India [2]***. **2. Definitions.―In this Act, unless the context otherwise requires,―** 3[(ia) “Collector” includes an Additional Collector and such other officer, not below the rank of Sub-Divisional Officer, as may be authorised by the Collector to perform the functions and exercise the powers of the Collector under this Act;] 4* - - - (b) “food-crops” include crops of sugarcane; (c) “notified order” means an order notified in the Official Gazette; 5[(cc) “order” includes a direction issued thereunder;] 6[(d) “State Government,” in relation to a Union territory, means the administrator thereof;] 5[(e) “sugar” means― (i) any form of sugar containing more than ninety per cent, of sucrose, including sugar candy; (ii) khandsari sugar or bura sugar or crushed sugar or any sugar in crystalline or powdered form; or (iii) sugar in process in vacuum pan sugar factory or raw sugar produced therein.] **STATE AMENDMENT** **Maharashtra** **Amendment of section 2 of Act 10 of 1955.--In section 2 of the Essential Commodities Act,** 1955 (10 of 1955), in its application to the State of Maharashtra,- (a) for clause (ia), the following clause shall be substituted, namely:- "(ia) "Collector" in any Rationing Area means the Controller of Rationing designated for that area and includes the Deputy or Assistant Controller or Rationing; and elsewhere, the Collector of the District and includes Additional, Deputy or Assistant Collector, SubDivisional Officer and District Supply Officer within his respective jurisdiction;"; (b) clause (ai) shall be deleted. [Vide Maharashtra Act 6 of 2003, s. 2] 1. Extended to Goa, Daman and Diu with modification by Regulation 12 of 1962, section 3 and Schedule, to Dadra and Nagar Haveli by Regulation 6 of 1963, section 3 and Schedule I and to Lakshadweep and Amindivi Islands by Regulation 8 of 1965, section 3 and Schedule, to the State of Sikkim _vide S.O. 28(E), dated 7th January, 1976_ (w.e.f. 7-1-1976). This Act has been amended in Maharashtra by Maharashtra Act 71 of 1976, in Orissa by Orissa Act, 8 of 1976, in Uttar Pradesh by Uttar Pradesh Acts 9 of 1974, 18 of 1975, 39 of 1975 and 16 of 1978. 2. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968). 3. Ins. by Act 92 of 1976, s. 2 (w.e.f. 2-9-1976). 4. Clause (c) omitted by Act 54 of 2006, s. 2 (w.e.f. 12-2-2007). 5. Ins. by Act 36 of 1967, s. 2 (w.e.f. 30-12-1967). 6. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for clause (d). 2 ----- **Uttar Pradesh** **Amendment of section 2 of Act X of 1955.—In section 2 of the Essential Commodities Act,** 1955, as amended in its application to Uttar Pradesh, hereinafter called the principal Act, before clause (a), the following clause shall be inserted namely:- “(aa) ‘Collector’ includes such officer not below the rank of an Assistant Collector of the first class as may be authorized by the Collector to exercise the powers conferred on him by or under the provisions of this Act;” [Vide Uttar Pradesh Act 18 of 1975, s. 3] **Amendment of section 2 of Act 10 of 1955.—In section 2 of the Essential Commodities act,** 1955 (hereinafter referred to as the principal Act). Clause (aa) as inserted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, hereinafter referred to as the Uttar Pradesh Amendment, shall stand omitted with effect from September 2, 1976, the date of the commencement of the Essential Commodities (Amendment) Act, 1976, hereinafter referred to as the Central (Amendment). [Vide Uttar Pradesh Act XVI of 1978, s. 2] 1[2A. Essential commodities declaration, etc.―(1) For the purposes of this Act, “essential commodity” means a commodity specified in the Schedule. (2) Subject to the provisions of sub-section (4), the Central Government may, if it is satisfied that it is necessary so to do in the public interest and for reasons to be specified in the notification published in the Official Gazette, amend the Schedule so as to― (a) add a commodity to the said Schedule; (b) remove any commodity from the said Schedule, in consultation with the State Governments. (3) Any notification issued under sub-section (2) may also direct that an entry shall be made against such commodity in the said Schedule declaring that such commodity shall be deemed to be an essential commodity for such period not exceeding six months to be specified in the notification: Provided that the Central Government may, in the public interest and for reasons to be specified, by notification in the Official Gazette, extend such period beyond the said six months. (4) The Central Government may exercise its powers under sub-section (2) in respect of the commodity to which Parliament has power to make laws by virtue of Entry 33 List III in the Seventh Schedule to the Constitution. (5) Every notification issued under sub-section (2) shall be laid, as soon as may be after it is issued, before both Houses of Parliament.] **3. Powers to control production, supply, distribution, etc., of essential commodities.―(1) If** the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, [2][or for securing any essential commodity for the defence of India or the efficient conduct of military operations], it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. 3* - - - 1. Ins. by Act 54 of 2006, s. 3 (w.e.f. 12-2-2007). 2. Ins. by Act 36 of 1967, s. 3 (w.e.f. 30-12-1967). 3. Sub-section (1A) omitted by Act 40 of 2021, s. 3 (w.e.f. 30-11-2021). 3 ----- (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide― (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops. (c) for controlling the price at which any essential commodity may be bought or sold; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity; (e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; 1[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,― (a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or, (b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances as may be specified in the order. _Explanation 1.―An order made under this clause in relation to foodgrains, edible oilseeds or_ edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. _Explanation 2.―For the purpose of this clause, “production” with its grammatical variations and_ cognate expressions includes manufacture of edible oils and sugar;] (g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs [2]*** which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest; (h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order; 1. Subs. by Act 92 of 1976, s. 3, for clause (f). 2. The words “or cotton textiles” omitted by Act 54 of 2006, s. 4 (w.e.f. 12-2-2007). 4 ----- 1[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefore, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;] 2[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,— (i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such articles are found; (ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act; 3[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]] (3) Where any person sells any essential commodity in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to him the price therefore as hereinafter provided:― (a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. 4[(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any food-stuff in any locality, it may, by notification in the Official Gazette, direct that notwithstanding anything contained in sub-section (3), the price at which the food-stuff shall be sold in the locality in compliance with an order made with reference to clause (f) of sub-section (2) shall be regulated in accordance with the provisions of this sub-section. (ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification. (iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified, in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor― (a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; 1. Ins. by Act 17 of 1961, s. 2. 2. Subs. by Act 66 of 1971, s. 2, for clause (j) (w.e.f. 23-12-1971). 3. Subs. by Act 92 of 1976, s. 3, for sub-clause (iii). 4. Ins. by Act 13 of 1957, s. 2 (w.e.f. 4-6-1957). 5 ----- (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] 1[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government having regard to― (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; (b) the general crop prospects; (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] 2[(3C) Where any producer is required by an order made with reference to clause (f) of sub-section (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to— (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) a reasonable return on the capital employed in the business of manufacturing of sugar: Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st day of October, 2009. _Explanation_ [3][I].— For the purposes of this sub-section,— 1. Subs. by Act 92 of 1976, s. 3, for sub-section (3B). 2. Subs. by Act 36 of 2009, s. 2, for sub-section (3C) and the Explanations (w.e.f. 1-10-2009). 3. The existing Explanation numbered as Explanation I by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 6 ----- (a) “fair and remunerative price” means the price of sugarcane determined by the Central Government under this section; (b) “manufacturing cost of sugar” means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer; (c) “producer” means a person carrying on the business of manufacturing sugar; (d) “reasonable return on the capital employed” means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.] 1[Explanation II.―For the removal of doubts, it is hereby declared that the expressions “fair and remunerative price” referred to in clause (a), “manufacturing cost of sugar” referred to in clause (b) and “reasonable return on the capital employed” referred to in clause (d), of this sub-section do not include the price paid or payable under any order or any enactment of any State Government and any price agreed to between the producer and the grower or a sugarcane growers' co-operative society.] 2[(3D) The Central Government may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded go downs of the factory in which it is produced, whether such godowns are situated within the premises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the Government: Provided that this sub-section shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the Central Government. (3E) The Central Government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar in the manner specified in the direction. _Explanation.―For the purposes of sub-section (3D) and this sub-section,―_ (a) “producer” means a person carrying on the business of manufacturing sugar; (b) “recognised dealer'' means a person carrying on the business of purchasing, selling or distributing sugar; (c) “sugar” includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.] (4) If the Central Government is of opinion that it is necessary so to do for maintaining or increasing the production and supply of an essential commodity, it may, by order, authorize any person (hereinafter referred to as an authorized controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof,― (a) the authorized controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except in so far as may be specifically provided by the order; and 1. Explanation II ins. by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 2. Ins. by Act 37 of 2003, s. 2 (w.e.f.14-6-2009). 7 ----- (b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. (5) An order made under this section shall,― (a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and (b) in the case of an order directed to a specified individual be served on such individual― (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood. (6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made. **STATE AMENDMENT** **Uttar Pradesh** **Amendment of section 3 of Act X of 1955.—In section 3 of the principal Act, in sub-section** (2), after clause (f), the following clause shall be inserted, namely:- “(ff) for preventing the hoarding of any essential commodity;” [Vide Uttar Pradesh Act 9 of 1974, s. 2] **Amendment of section 3.—In section 3 of the principal Act,--** (a) in sub-section (2), for clause (f), the following clause shall be substituted and be deemed always to have been substituted namely— “(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of person and in such circumstances as may be specified in the order; Explanation.--An order relating to food grains made with reference to this clause,- (i) may specify the prices, fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the food grain required to be sold under the order, (ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular food grain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." (b) in sub-section (3), for clause (c), substitute the following clauses which shall be Food deemed always to have been substituted, namely:- 8 ----- "(c) in the case of food grains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order; (d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale." (c) in sub-section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely:- "(ia) in the case of food grains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of food grains; or" [Vide Uttar Pradesh Act 18 of 1975, s. 4] **Amendment of section 3 of Act X of 1955.—In section 3 of the Essential Commodities Act,** 1955, as amended in its application to Uttar Pradesh, in sub-section (2), in clause (f), as substituted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, in the Explanation thereof, for sub-clause (II), the following sub-clause shall be substituted and be deemed always to have been substituted Namely:- “(II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular (foodgrains to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." [Vide Uttar Pradesh Act 39 of 1975, s. 2] **Amendment of section 3 of Act no. 10 of 1955.—(1) In section 3 of the principal Act, in sub-** section (2), clause (f), as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act, 1975 shall be omitted and deemed to have been omitted with effect from the date of the commencement of the Central Amendment. (2) In the said sub-section, in clause (f), as substituted by the central Amendment, after _Explanation 1, the following Explanation shall be inserted, namely:--_ “Explanation I-A.—An order made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis.” (3) In the said section 3, sub-section (3-B), as amended by the Uttar Pradesh Amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central Amendment. [Vide Uttar Pradesh Act XVI of 1978, s. 3] **4. Imposition of duties on State Governments, etc.―An order made under section 3 may** confer powers and impose duties upon the Central Government or the State Government or officers and authorities of Central Government or State Government, and may contain directions to any State Government or to officers and authorities thereof as to the exercise of any such powers or the discharge of any such duties. **5. Delegation of powers.―The Central Government may, by notified order, direct that** [1][the power to make orders or issue notifications under section 3] shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by― (a) such officer or authority subordinate to the Central Government, or 1. Subs. by Act 66 of 1971, s. 3, for “the power to make orders under section 3” (w.e.f. 23-12-1971). 9 ----- (b) such State Government or such officer or such authority subordinate to a State Government, as may be specified in the direction. **6. Effect of orders inconsistent with other enactments.―Any order made under section 3 shall** have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act. [1][6A. Confiscation of essential commodity.― [2][(1)] Where any [3][essential commodity is seized] in pursuance of an order made under section 3 in relation thereto, [4][a report of such seizure shall, without unreasonable delay, be made to] the Collector of the district or the Presidency town in which such [5][essential commodity is seized] and whether or not a prosecution is instituted for the contravention of such order, the Collector [6][may, if he thinks it expedient so to do, direct the essential commodity so seized to be produced for inspection before him, and if he is satisfied] that there has been a contravention of the order [7][may order confiscation of― (a) the essential commodity so seized; (b) any package, covering or receptacle in which such essential commodity is found; and (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity:] Provided that without prejudice to any action which may be taken under any other provision of this Act, no foodgrains or edible oilseeds in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized foodgrains or edible oilseeds have been produced by him, be confiscated under this section: 8[Provided further that in the case of any animal, vehicle, vessel or other conveyance used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay, in lieu of its confiscation, a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried by such animal, vehicle, vessel or other conveyance.] 9[(2) Where the Collector, on receiving a report of seizure or on inspection of any essential commodity under sub-section (1), is of the opinion that the essential commodity is subject to speedy and natural decay or it is otherwise expedient in the public interest so to do, he may― (i) order the same to be sold at the controlled price, if any, fixed for such essential commodity under this Act or under any other law for the time being in force; or (ii) where no such price is fixed, order the same to be sold by public auction: Provided that in case of foodgrains, the Collector may, for its equitable distribution and availability at fair prices, order the same to be sold through fair price shops at the price fixed by the Central Government or by the State Government, as the case may be, for the retail sale of such foodgrains to the public. (3) where any essential commodity is sold, as aforesaid, the sale proceeds thereof, after deduction of the expenses of any such sale or auction or other incidental expenses relating thereto, shall― (a) where no order or confiscation is ultimately passed by the Collector, (b) where an order passed on appeal under sub-section (1) of section 6C so requires, or 1. Ins. by Act 25 of 1966, s. 3 (w.e.f. 3-9-1966). 2. Section 6A renumbered as sub-section (1) thereof by Act 92 of 1976, s. 4 (w.e.f. 2-9-1976). 3. Subs. by Act 36 of 1967, s. 4, for “foodgrains, edible oilseeds or edible oils are seized” (w.e.f. 30-12-1967). 4. Subs. by Act 92 of 1976, s. 4, for “it may be produced without any unreasonable delay, before” (w.e.f. 2-9-1976). 5. Subs. by Act 36 of 1967, s. 4, for “food grains, edible oilseeds or edible oils are seized” (w.e.f. 30-12-1967). 6. Subs. by Act 92 of 1976, s. 4, for “if satisfied” (w.e.f. 2-9-1976). 7. Subs. by Act 30 of 1974, s. 4, for “may order confiscation of the essential commodity so seized” (w.e.f. 22-6-1974). 8. Ins. by Act 92 of 1976, s. 4. 10 ----- (c) where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under this section, the person concerned is acquitted, be paid to the owner thereof or the person from whom it is seized.] **STATE AMENDMENT** **Uttar Pradesh** **Substitution of new section for section 6-A.—The following section shall be substituted, namely—** "6A Confiscation of seized commodities,--(1) Where any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, a report to that effect shall, without any unreasonable delay be sent to the Collector within whose jurisdiction the seizure is made, and the Collector may, if he thinks it expedient so to so, inspect or cause to be inspected such essential commodity, and whether or not a prosecution is instituted for the contravention of such order, the Collector, if satisfied that there has been contravention of the order, may order confiscation of (a) the essential commodity so seized; (b) any package, covering or receptacle in which such essential commodity is found; and (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity: Provided that without prejudice to any action that may be taken under any other provision of this Act, no food grains or edible oilseeds seized in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized food grains or edible oilseeds have been produced by him, be confiscated under this section: Provided further that where any animal, vehicle, vessel or other conveyance is used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay in lieu of its confiscation a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried. (2) Where the Collector on receiving a report of seizure or on inspection of any essential commodity under sub-section (1) is of the opinion that such essential commodity is subject to speedy and natural decay or that it is otherwise expedient in the public interest so to so, he may order the same to be sold at the controlled price if any, fixed under any law for the time being in force; or where no such price is fixed by auction: Provided that, in the case of food grains where there is no controlled price, the Collector may order the food grains seized to be sold through fair price shops at the price fixed by the Central Government or the State Government as the case may be for the sale of such food grains to the public through these shops: Provided also that, whenever it is practicable so to so, having regard to the nature of the essential commodity, he shall take and preserve sample of the same before its sale or auction. (3) Where any essential commodity is sold as aforesaid, the sale proceeds thereof after deduction of the expenses of the sale or auction, as the case may be, shall— (a) where no order of confiscation is ultimately passed by the Collector; or (b) where an order passed, on appeal under sub-clause (1) of section 6C so requires; or (c) in the case of a prosecution being instituted for the contravention of the order in respect of which an order of confiscation has been made under be paid to the owner thereof or the person from whom it is seized: Provided that, in the case of food grains sold through fair price shops in accordance with the first proviso to sub-section (2) the owner shall be paid for the food grains so sold the price fixed by the State Government, for retail sale of such food grains through such shops, less all expenses of sale or auction under sub-section (2)."] 11 ----- [Vide Uttar Pradesh Act 18 of 1975, s. 5] **Substitution of sections 6-A and 6-C.—In the principal Act, for sections 6-A and 6-C as** amended or substituted by the Uttar Pradesh Amendment, sections 6-A and 6-C respectively, as amended or substituted by the Central Amendment, shall be and be deemed with effect from the date of commencement of the Central Amendment to have been substituted. [Vide Uttar Pradesh Act XVI of 1978, s. 4] **6B. Issue of show cause notice before confiscation of food grains, etc.―[1][(1)] No order** confiscating [2][any [3][essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance] shall be made under section 6A unless the owner of such [2][essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance) or the person from whom [4][it is seized]― (a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the [3][essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance]; (b) is given an opportunity of making a presentation in wiring within such reasonable time as may be specified in the notice against the ground of confiscation; and (c) is given a reasonable opportunity of being heard in the matter. 5[(2) Without prejudice to the provisions of sub-section (1), no order confiscating any animal, vehicle, vessel or other conveyance shall be made under section 6A if the owner of the animal, vehicle vessel or other conveyance proves to the satisfaction of the Collector that it was used in carrying the essential commodity without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the animal, vehicle, vessel or other conveyance and that each of them had taken all reasonable and necessary precautions against such use.] 6[(3) No order confiscating any essential commodity package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be invalid merely by reason of any defect or irregularity in the notice, given under clause (a) of sub-section (1), if, in giving such notice, the provisions of that clause have been substantially complied with.] **STATE AMENDMENT** **Uttar Pradesh** **Insertion of new section 6BB.—After section 6-B of the principal Act, the following section shall be** inserted, namely:- "6BB. Review.--(1) Where the Collector is satisfied that an order of confiscation or an order refusing confiscation made under section 6A suffers from a mistake apparent on the face of the record (including any mistake of law) he may within one month of such order issue notice to the owner of the essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance, or, as the case may be, the person from whom it was seized, to show cause why that order should not be reviewed, and after giving him a reasonable opportunity of being heard, pass such order on review as he thinks fit. (2) The provisions of sections 6C and 6D shall apply in relation to an order passed originally under section 6A." [Vide Uttar Pradesh Act 18 of 1975, s. 6] **6C. Appeal.―(1) Any person aggrieved by an order of confiscation under section 6A may,** within one month from the date of the communication to him of such order, appeal to any judicial authority appointed by the State Government concerned and the judicial authority shall, after giving 1. Section 6B renumbered as sub-section (1) thereof by Act 30 of 1974, s. 5 (w.e.f. 22-6-1974). 2. Subs. by Act 36 of 1967, s. 5, for “any foodgrain, edible oilseeds or edible oils” (w.e.f. 30-12-1967). 3. Subs. by Act 30 of 1974, s. 5, for “essential commodity” (w.e.f. 22-6-1974). 4. Subs. by Act 36 of 1967, s. 5, for “they are seized” (w.e.f. 30-12-1967). 5. Ins. by Act 30 of 1974, s. 5 (w.e.f. 22-6-1974).) 6. Ins. by Act 92 of 1976, s. 5 (w.e.f. 2-9-1976). 12 ----- an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against. (2) Where an order under section 6A is modified or annulled by such judicial authority, or where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under section 6A, the person concerned is acquitted, and in either case it is not possible for any reason to [1][return the essential commodity seized ], [2][such persons shall, except as provided by sub-section (3) of section 6A, be paid] the price therefore [3][as if the essential commodity,] had been sold to the Government with reasonable interest calculated from the day of the seizure of [4][the essential commodity] [5][and such price shall be determined― (i) in the case of food grains, edible oilseeds or edible oils, in accordance with the provisions of sub-section (3B) of section 3; (ii) in the case of sugar, in accordance with the provisions of subsection (3C) of section 3 ; and (iii) in the case of any other essential commodity, in accordance with the provisions of sub section (3) of section 3. ] **STATE AMENDMENTS** **Uttar Pradesh** **Amendment of section 6-C.—In sub-section (2) for the words "such person shall be paid", the** words "such person shall, except as provided by sub-section (3) of Section 6-A, be paid" shall be substituted. [Vide Uttar Pradesh Act 18 of 1975, s. 7] **Substitution of sections 6-A and 6-C.—In the principal Act, for sections 6-A and 6-C as** amended or substituted by the Uttar Pradesh Amendment, sections 6-A and 6-C respectively, as amended or substituted by the Central Amendment, shall be and be deemed with effect from the date of commencement of the Central Amendment to have been substituted. [Vide Uttar Pradesh Act XVI of 1978, s. 4] **6D. Award of confiscation not to interfere with other punishments.―The award of any** confiscation under this Act by the Collector shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.] 6[6E. Bar of jurisdiction in certain cases.―Whenever any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, or any package, covering or receptacle in which such essential commodity is found, or any animal, vehicle, vessel or other conveyance used in carrying such essential commodity is seized pending confiscation under section 6A, the Collector, or, as the case may be, the State Government concerned under section 6C shall have, and, notwithstanding anything to the contrary contained in any other law for the time being in force, any court, tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance.] 1. Subs. by Act 36 of 1967, s. 6, for “return the foodgrains or edible oilseeds or edible oils seized” (w.e.f. 30-12-1967). 2. Subs. by Act 92 of 1976, s. 6, for “such person shall be paid”. 3. Subs. by Act 36 of 1967, s. 6, for “as if the foodgrains, edible oilseeds or edible oils, as the case may be,” (w.e.f. 30-12-1967). 4. Subs. by s. 6, ibid., for “articles” (w.e.f. 30-12-1967). 5. Subs. by s. 6, ibid., for “and such price shall be determined in accordance with the provisions of sub-section (3B) of section 3 (w.e.f. 30-12-1967). 6. Subs. by Act 42 of 1986, s. 2, for section 6E (w.e.f. 9-9-1986). 13 ----- **7. Penalties.―[1][(1) If any person contravenes any order made under Section 3,―** (a) he shall be punishable,― (i) in the case of an order made with reference to clause (h) or clause (i) of sub-section (2) of that section, with imprisonment for a term which may extend to one year and shall also be liable to fine, and (ii) in the case of any other order, with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine: Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months; (b) any property in respect of which the order has been contravened shall be forfeited to the Government; (c) any package, covering or receptacle in which the property is found and any animal, vehicle, vessel or other conveyance used in carrying the property shall, if the court so orders, be forfeited to the Government. (2) If any person to whom a direction is given under clause (b) of sub-section (4) of section 3 fails to comply with the direction, he shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine: Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months. (2A) If any person convicted of an offence under sub-clause (ii) of clause (a) of sub-section (1) or under sub-section (2) is again convicted of an offence under the same provision, he shall be punishable with imprisonment for the second and for every subsequent offence for a term which shall not be less than six months but which may extend to seven years and shall also be liable to fine: Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months. (2B) For the purposes of sub-sections (1), (2) and (2A), the fact that an offence under sub-clause (ii) of clause (a) of sub-section (1) or under sub-section (2) has caused no substantial harm to the general public or to any individual shall be an adequate and special reason for awarding a sentence of imprisonment for a term of less than three months or six months, as the case may be. 2[(3) Where a person having been convicted of an offence under sub-section (1) is again convicted of an offence under that sub-section for contravention of an order in respect of an essential commodity, the court by which such person is convicted shall, in addition to any penalty which may be imposed on him under that sub-section, by order, direct that that person shall not carry on any business in that essential commodity for such period, not being less than six months, as may be specified by the Court in the Order.] 3[7A. Power of Central Government to recover certain amounts as arrears of land **revenue.―(1) Where any person, liable to―** (a) pay any amount in pursuance of any order made under section 3, or (b) deposit any amount to the credit of any Account or Fund constituted by or in pursuance of any order made under that section, makes any default in paying or depositing the whole or any part of such amount, the amount in respect of which such default has been made shall [whether such order was made before or after the commencement of the Essential Commodities (Amendment) Act, 1984 (34 of 1984), and whether the 1. Subs. by Act 30 of 1974, s. 6, for sub-sections (1) and (2) (w.e.f. 22-6-1974). 2. Ins. by Act 36 of 1967, s. 7 (w.e.f. 30-12-1967). 3. Ins. by Act 34 of 1984, s. 2 (w.e.f. 1-7-1984). 14 ----- liability of such person to pay or deposit such amount arose before or after such commencement] be recoverable by Government together with simple interest due thereon computed at the rate of [1][fifteen per cent.] per annum from the date of such default to the date of recovery of such amount, as an arrear of land revenue [2][or as a public demand]. (2) The amount recovered under sub-section (1) shall be dealt with in accordance with the order under which the liability to pay or deposit such amount arose. (3) Notwithstanding anything contained in any other law for the time being in force or any contract to the contrary, no court, tribunal or other authority shall grant any injunction or make any order prohibiting or restraining any Government from recovering any amount as an arrear of land revenue [4][or as a public demand] in pursuance of the provisions of sub-section (1). (4) If any order, in pursuance of which any amount has been recovered by Government as an arrear of land revenue [4][or as a public demand] under subsection (1) is declared by a competent court, after giving to the Government a reasonable opportunity of being heard, to be invalid, the Government shall refund the amount so recovered by it to the person from whom it was recovered, together with simple interest due thereon, computed at the rate of [1][fifteen per cent.] per annum, from the date of recovery of such amount to the date on which such refund is made. _Explanation.―For the purposes of this section, “Government” means the Government by which_ the concerned order under section 3 was made or where such order was made by an officer or authority subordinate to any Government, that Government.] **STATE AMENDMENT** **Rajasthan** **Insertion of new section 7A in Central Act 10 of 1955.- After section 7 of the Essential Commodities** Act, 1955 (Central Act 10 of 1955), in its application to the State of /br/hr1, the following new section shall be inserted, namely: "7A. Forfeiture of certain property used in the commission of the offence.-Whenever any offence relating to foodstuffs which is punishable under section 7 has been committed, the Court shall direct that all the packages, coverings or receptacles in which any property liable to be forfeited under the said section is found and all the animals, vehicles, vessels or other conveyances used in carrying the said property shall be forfeited to the Government: Provided that if the Court is of opinion that it is not necessary to direct forfeiture in respect of all such packages, coverings or receptacles or such animals, vehicles, vessels or other conveyances or any of them, it may, for reasons to be recorded, refrain from doing so." [Vide Rajasthan Act 32 of 1960, s. 2] **8. Attempts and abetment.―Any person who attempts to contravene, or abets a contravention** of, any order made under section 3 shall be deemed to have contravened that order. **9. False statement.―If any person,―** (i) when required by any order made under section 3 to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or (ii) makes any such statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any such order to maintain or furnish, he shall be punishable with imprisonment for a term which may extend to [3][five years,] or with fine, or with both. **10. Offences by companies.―(1) If the person contravening an order made under section 3 is a** company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: 1. Subs. by Act 42 of 1986, s. 3, for “six per cent.” (w.e.f. 8-9-1986). 2. Ins. by s. 3, ibid (w.e.f. 8-9-1986). 3. Subs. by Act 36 of 1967, s. 8, for “three years” (w.e.f. 30-12-1967). 15 ----- Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.―For the purposes of this section,―_ (a) “company” means any body corporate, and includes a firm or other association of individuals; and (b) “director” in relation to a firm means a partner in the firm. **1[10A. Offences to be cognizable.―Notwithstanding anything contained in 2[the Code of** Criminal Procedure, 1973 (2 of 1974)] every offence punishable under this Act shall be “cognizable [3]***]. **4[10B. Power of court to publish name, place of business, etc., of companies convicted under** **the Act.―(1) Where any company is convicted under this Act, it shall be competent for the court** convicting the company to cause the name and place of business of the company, nature of the contravention, the fact that the company has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of the company in such newspapers or in such other manner as the court may direct. (2) No publication under sub-section (1) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed of. (3) The expenses of any publication under sub-section (1) shall be recoverable from the company as if it were a fine imposed by the court. _Explanation.―For the purposes of this section, “company” has the meaning assigned to it in_ clause (a) of the Explanation of section 10.] **10C. Presumption of culpable mental state.―(1) In any prosecution for any offence under this** Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. _Explanation.―In this section, “culpable mental state” includes intention, motive, knowledge of a_ fact and the belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] **11. Cognizance of offences.―No Court shall take cognizance of any offence punishable under** this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the Indian Penal Code (45 of I860)[ 5][or any person aggrieved or any recognised consumer association, whether such person is a member of that association or not]. 6[Explanation.―For the purposes of this section and section 12AA, “recognised consumer association” means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force.] 1. Ins. by Act 36 of 1967, s. 9 (w.e.f. 30-12-1967). 2. Subs. by Act 30 of 1974, s. 7, for “the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 22-6-1974). 3. The words “and bailable” omitted by s. 7, ibid. (w.e.f. 22-6-1974). 4. Ins. by s. 8, ibid. (w.e.f. 22-6-1974). 5. Ins. by Act 73 of 1986, s. 2 (w.e.f. 1-5-1987). 6. Added by s. 2, ibid. (w.e.f. 1-5-1987). 16 ----- **STATE AMENDMENT** **Uttar Pradesh** **Amendment of section 11.—In section 11 of the principal Act, for the words “by person who is a** public servant as defined in section 21 of the Indian Penal Code”, the words “by order of, or under authority from the District Magistrate or such other officer as may be empowered by the State Government by general or special order in this behalf” shall be substituted. [Vide Uttar Pradesh Act 9 of 1974, s. 7] 1[12. Special provision regarding fine.―Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate, or any Judicial Magistrate of the first class specially empowered by the State Government in this behalf, to pass a sentence of fine exceeding five thousand rupees on any person convicted of contravening any order made under section 3.] **2[12A. Power to try summarily.―(1) If the Central Government is of opinion that a situation has** arisen where, in the interests of production, supply or distribution of [3][any essential commodity not being an essential commodity referred to in clause (a) of sub-section (2)] or trade or commerce therein and other relevant considerations, it is necessary that the contravention of any order made under section 3 in relation to such essential commodity should be tried summarily, the Central Government may, by notification in the Official Gazette, specify such order to be a special order for purposes of summary trial under this section, and every such notification shall be laid, as soon as may be after it is issued, before both Houses of Parliament: 4[Provided that― (a) every such notification issued after the commencement of the Essential Commodities (Amendment) Act, 1971, shall, unless sooner rescinded, cease to operate at the expiration of two years after the publication of such notification in the Official Gazette; (b) every such notification in force immediately before such commencement shall, unless sooner rescinded, cease to operate at the expiration of two years after such commencement: Provided further that nothing in the foregoing proviso shall affect any case relating to the contravention of a special order specified in any such notification if proceedings by way of summary trial have commenced before that notification is rescinded or ceases to operate and the provisions of this section shall continue to apply to that case as if that notification had not been rescinded or had not ceased to operate.] 5[(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) all, offences relating to― (a) the contravention of an order made under section 3 with respect to― 6* - - - (ii) foodstuffs, including edible oilseeds and oil; or (iii) drugs; and (b) where any notification issued under sub-section (1) in relation to a special order is in force, the contravention of such special order, shall be tried in a summary way by a Judicial Magistrate of the First Class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial: Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year: 1. Subs. by Act 30 of 1974, s. 9 (w.e.f. 22-6-1974). 2. Ins. by Act 47 of 1964, s. 2. 3. Subs. by Act 30 of 1974, s. 10, for “any essential commodity” (w.e.f. 22-6-1974). 4. Added by Act 66 of 1971, s. 5 (w.e.f. 23-12-1971). 5. Subs. by Act 30 of 1974, s. 10, for sub-section (2) (w.e.f. 22-6-1974). 6. Sub-clause (i) omitted by Act 54 of 2006, s. 5 (w.e.f. 12-2-2007). 17 ----- Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or re-hear the case in the manner provided by the said Code.] (3) Notwithstanding anything to the contrary contained in [1][the Code of Criminal Procedure, 1973 (2 of 1974),] there shall be no appeal by a convicted person in any case tried summarily under this section in which the Magistrate passes a sentence of imprisonment not exceeding one month, [2][and of fine not exceeding two thousand rupees] whether or not any order of forfeiture of property or an order under [3][section 452] of the said Code is made in addition to such sentences, but an appeal shall lie where any sentence [4]*** in excess of the aforesaid limits is passed by the Magistrate. 5[(4) All cases relating to the contravention of an order referred to in clause (a) of sub-section (2), not being a special order, and pending before a Magistrate immediately before the commencement of the Essential Commodities (Amendment) Act, 1974, and, where any notification is issued under subsection (1) in relation to a special order, all cases relating to the contravention of such special order and pending before a Magistrate immediately before the date of the issue of such notification, shall, if no witnesses have been examined before such commencement or the said date, as the case may be, be tried in a summary way under this section, and if any such case is pending before a Magistrate who is not competent to try the same in a summary way under this section, it shall be forwarded to a Magistrate so competent.] [6][12B. Grant of injunction, etc., by civil courts.―No civil court shall grant an injunction or make any order for any other relief, against the Central Government or any State Government or a Public officer in respect of any Act done or purporting to be done by such Government, or such officer in his official capacity, under this Act or any order made thereunder, until after notice of the application for such injunction or other relief has been given to such Government or officer.] **13. Presumption as to orders.―Where an order purports to have been made and signed by an** authority in exercise of any power conferred by or under this Act, a court shall presume that such order was so made by that authority within the meaning of the Indian Evidence Act, 1872 (1 of 1872). **14. Burden of proof in certain cases.―Where a person is prosecuted for contravening any order** made under section 3 which prohibits him from doing any act or being in possession of a thing without lawful authority or without a permit, licence or other document, the burden of proving that he has such authority, permit, licence or other document shall be on him. **15. Protection of action taken under Act.―(1) No suit, prosecution or other legal proceeding** shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made under section 3. (2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made under section 3. 1. Subs. by Act 30 of 1974, s. 10, for “the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 22-6-1974). 2. Subs. by Act 30 of 1974, s. 10, for “or of fine not exceeding two thousand rupees or both” (w.e.f. 22-6-1974). 3. Subs. by s. 10, ibid., for “section 517” (w.e.f. 22-6-1974). 4. The words “of imprisonment or fine” omitted by s. 10, ibid. (w.e.f. 22-6-1974). 5. Subs. by s. 10, ibid., for sub-section (4) (w.e.f. 22-6-1974). 6. Ins by Act 30 of 1974, s. 11 (w.e.f. 22-6-1974). 18 ----- 1[15A. Prosecution of public servants.―Where any person who is a public servant is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his duty in pursuance of an order made under section 3, no court shall take cognizance of such offence except with the previous sanction― (a) of the Central Government, in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union; (b) of the State Government, in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the State.] **16. Repeals and savings.―(1) The following laws are hereby repealed:―** (a) the Essential Commodities Ordinance, 1955 (1 of 1955); (b) any other law in force in any State immediately before the commencement of this Act in so far as such law controls or authorises the control of the production, supply and distribution of, and trade and commerce in, any essential commodity. (2) Notwithstanding such repeal, any order made or deemed to be made by any authority whatsoever, under any law repealed hereby and in force immediately before the commencement of this Act, shall, in so far as such order may be made under this Act, be deemed to be made under this Act and continue in force, and accordingly any appointment made, licence or permit granted or direction issued under any such order and in force immediately before such commencement shall continue in force until and unless it is superseded by any appointment made, licence or permit granted or direction issued under this Act. (3) The provision of sub-section (2) shall be without prejudice to the provision contained in section 6 of the General Clauses Act, 1897 (10 of 1897), which shall also apply to the repeal of the Ordinance or other law referred to in sub-section (1) as if such Ordinance or other law had been an enactment. 1. Ins. by Act 92 of 1976, s. 8 (w.e.f. 2-9-1976). 19 ----- 1[THE SCHEDULE (See section 2A) ESSENTIAL COMMODITIES (1) drugs. _Explanation.―For the purposes of this Schedule, “drugs” has the meaning assigned to it in clause_ (b) of section 3 of the Drugs and Cosmetics Act, 1940; (2) fertilizer, whether inorganic, organic or mixed; (3) foodstuffs, including edible oilseeds and oils; (4) hank yarn made wholly from cotton; (5) petroleum and petroleum products; (6) raw jute HI jute textiles; (7) (i) seeds of food-crops and seeds of fruits and vegetables; (ii) seeds of cattle fodder; and (iii) jute seeds.] 2[(iv) cotton seed.] 3[(8) masks (2ply & 3ply surgical masks, N95 masks) & hand sanitizers.] 1. Ins. by Act 54 of 2006, s. 3 (w.e.f. 12-2007). 2. Ins. by S.O. 2988(E), dated 22nd December, 2010. 3. Added by Notification No. S.O. 1087(E) (w.e.f. 13-3-2020). 20 -----

8-May-1955

22

The Protection of Civil Rights Act, 1955

https://www.indiacode.nic.in/bitstream/123456789/1544/3/a1955-22.pdf

central

# THE PROTECTION OF CIVIL RIGHTS ACT, 1955 _______ ARRANGEMENT OF SECTIONS _______ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Punishment for enforcing religious disabilities. 4. Punishment for enforcing social disabilities. 5. Punishment for refusing to admit person to hospitals, etc. 6. Punishment for refusing to sell goods or render services. 7. Punishment for other offences arising out of “untouchability”. 7A. Unlawful compulsory labour when to be deemed to be a practice of “untouchability”. 8. Cancellation or suspension of licences in certain cases. 9. Resumption or suspension of grants made by Government. 10. Abetment of offence. 10A. Power of State Government to impose collective fine. 11. Enhanced penalty on subsequent conviction. 12. Presumption by Courts in certain cases. 13. Limitation of Jurisdiction of Civil Courts. 14. Offences by companies. 14A. Protection of action taken in good faith. 15. Offences to be cognizable and triable summarily. 15A. Duty of State Government to ensure that the rights accruing from the abolition of “untouchability” may be availed of by the concerned persons. 16. Act to override other laws. 16A. Probation of Offenders Act, 1958, not to apply to persons above the age of fourteen years. 16B. Power to make rules. 17. Repeal. THE SCHEDULE. 1 ----- # THE PROTECTION OF CIVIL RIGHTS ACT, 1955 ACT NO. 22 OF 1955[1] [8th May, 1955.] # An Act to prescribe punishment for the [2][preaching and practice of “Untouchability”] for the enforcement of any disability arising therefrom and for matters connected therewith. BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called [3][the Protection of Civil** Rights Act], 1955. (2) It extends to the whole of India. (3) It shall come into force on such date[4] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** 5 [(a) “civil rights” means any right accruing to a person by reason of the abolition of “untouchability” by article 17 of the Constitution;] 6[(aa)] “hotel” includes a refreshment room, a boarding house, a lodging house, a coffee house and a cafe; 7[(b) “place” includes a house, building and other structure and premises; and also includes a tent, vehicle and vessel;] (c) “place of public entertainment” includes any place to which the public are admitted and in which an entertainment is provided or field. _Explanation.—“Entertainment” includes any exhibition performance, game, sport and any other_ form of amusement; (d) “place of public worship” means a place, by whatever name known, which is used as a place of public religious worship or which is dedicated generally to, or is used generally by persons professing any religion or belonging to any religious denomination or any section thereof, for the performance of any religious service, or for offering prayers therein, [8][and includes— (i) all lands and subsidiary shrines appurtenant or attached to any such place; (ii) a privately owned place of worship which is, in fact, allowed by the owner thereof to be used as a place of public worship; and (iii) such land or subsidiary shrine appurtenant to such privately owned place of worship as is allowed by the owner thereof to be used as a place of public religious worship;] 1. Extended to Goa, Daman and Diu with modification by Reg. 12 of 1962, s. 3 and Schedule; to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Schedule I (w.e.f. 1st July, 1965) and to Pondicherry by Reg. 7 of 1963, s. 3 and Schedule I (w.e.f. 1st October, 1963). 2. Subs. by Act 106 of 1976, s. 2, for “practice of Untouchability” (w.e.f. 19-11-1976). 3. Subs. by s. 3, ibid., for “the Untouchability (Offences) Act” (w.e.f. 19-11-1976). 4. 1st June, 1955, _vide notification No. S.R.O. 1109(E), dated the 23rd May, 1955,_ _see Gazette of India, 1955, Extraordinary_ Part II, s. 3. 5. Ins. by Act 106 of 1976, s. 4 (w.e.f. 19-11-1976). 6. Clause (a) relettered as clause (aa) by s. 4, ibid. (w.e.f. 19-11-1976). 7. Subs. by s. 4, ibid., for clause (b) (w.e.f. 19-11-1976). 8. Subs. by s. 4, ibid., for certain words (w.e.f. 19-11-1976). 2 ----- 1[(da) “prescribed” means prescribed by rules made under this Act; (db) “Scheduled Castes” has the meaning assigned to it in clause (24) of article 366 of the Constitution;] (e) “shop” means any premises where goods are sold either wholesale or by retail or both wholesale and by retail [2][and includes— (i) any place from where goods are sold by a hawker or vendor or from a mobile van or cart; (ii) a laundry and a hair cutting saloon; (iii) any other place where services are rendered to customers]. **3. Punishment for enforcing religious disabilities.—Whoever on the ground of “untouchability”** prevents any person— (a) from entering any place of public worship which is open to other persons professing the same religion [3]* * * or any section thereof, as such person; or (b) from worshipping or offering prayers or performing any religious service in any place of public worship, or bathing in, or using the waters of, any sacred tank, well, spring or water-course 4[river or lake or bathing at any ghat of such tank, water-course, river or lake] in the same manner and and to the same extent as is permissible to the other persons professing the same religion [3]* * * or any section thereof, as such person, 5[shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees]. _Explanation.—For the purposes of this section and section 4 persons professing the Buddhist, Sikh or_ Jaina religion or persons professing the Hindu religion in any of its forms or developments including Virashaivas, Lingayats, Adivasis, followers of Brahmo, Prarthana, Arya Samaj and the Swaminarayan Sampraday shall be deemed to be Hindus. **4. Punishment for enforcing social disabilities.—Whoever on the ground of “untouchability”** enforces against any person any disability with regard to— (i) access to any shop, public restaurant, hotel or place of public entertainment; or (ii) the use of any utensils, and other articles kept in any public restaurant, hotel, dharamshala, _sarai or musafirkhana for the use of the general public or of [6][any section thereof]; or_ (iii) the practice of any profession or the carrying on of any occupation, trade or business [7][or employment in any job]; or (iv) the use of, or access to, any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, burial or cremation ground, any sanitary convenience, any road, 1. Ins. by Act 106 of 1976, s. 4 (w.e.f. 19-11-1976). 2. Subs. by s. 4, ibid., for certain words (w.e.f. 19-11-1976). 3. The words “or belonging to the same religious denomination” omitted by s. 5, ibid. (w.e.f. 19-11-1976). 4. Ins. by s. 5, ibid. (w.e.f. 19-11-1976). 5. Subs. by s. 5, ibid., for certain words (w.e.f. 19-11-1976). 6. Subs. by s. 6, ibid., for certain words (w.e.f. 19-11-1976). 7. Ins. by s. 6, ibid. (w.e.f. 19-11-1976). 3 ----- or passage, or any other place of public resort which other members of the public, or [1][any section thereof], have a right to use or have access to; or (v) the use of, or access to, any place used for a charitable or a public purpose maintained wholly or partly out of State funds or dedicated to the use of the general public or [1][any section thereof]; or (vi) the enjoyment of any benefit under a charitable trust created for the benefit of the general public or of [1][any section thereof]; or (vii) the use of, or access to, any public conveyance; or (viii) the construction, acquisition, or occupation of any residential premises in any locality, whatsoever; or (ix) the use of any dharamshala, _sarai or musafirkhana which is open to the general public, or_ to [1][any section thereof]; or (x) the observance of any social or religious custom, usage or ceremony or [2][taking part in, or taking out, any religious, social or cultural procession]; or (xi) the use of jewellery and finery, 3[shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees]. 4 [Explanation.—For the purposes of this section, “enforcement of any disability” includes any discrimination on the ground of “untouchability”.] **5. Punishment for refusing to admit person to hospitals, etc.—Whoever on the ground of** “untouchability”— (a) refuses admission to any person to any hospital, dispensary, educational institution or any hostel [5]***, if such hospital, dispensary, educational institution or hostel is established or maintained for the benefit of the general public or any section thereof; or (b) does any act which discriminates against any such person after admission to any of the aforesaid institutions, 6[shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees]. **6. Punishment for refusing to sell goods or render services.—Whoever on the ground of** “untouchability” refuses to sell any goods or refuses to render any service to any person at the same time and place and on the same terms and conditions at or which such goods are sold or services are rendered to other persons in the ordinary course of business [7][shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees]. **7. Punishment for other offences arising out of “untouchability”.—(1) Whoever—** (a) prevents any person from exercising any right accruing to him by reason of the abolition of “untouchability” under Article 17 of the Constitution; or 1. Subs. by Act 106 of 1976, s. 6, for certain words (w.e.f. 19-11-1976). 2. Subs. by s. 6, ibid., for “taking part in any religious procession” (w.e.f. 19-11-1976). 3. Subs. by s. 6, ibid., for certain words (w.e.f. 19-11-1976). 4. Ins. by s. 6, ibid. (w.e.f. 19-11-1976). 5. The words “attached thereto” omitted by s. 7, ibid. (w.e.f. 19-11-1976). 6. Subs. by s. 7, ibid., for certain words (w.e.f. 19-11-1976). 7. Subs. by s. 8, ibid., for certain words (w.e.f. 19-11-1976). 4 ----- (b) molests, injures, annoys, obstructs or causes or attempts to cause obstruction to any person in the exercise of any such right or molests, injures, annoys or boycotts any person by reason of his having exercised any such right; or (c) by words, either spoken or written, or by signs or by visible representations or otherwise, incites or encourages any person or class of persons or the public generally to practice “untouchability” in any form whatsoever; [1][or] 1[(d) insults or attempts to insult, on the ground of “untouchability”, a member of a Scheduled Caste;] 2[shall be punishable with imprisonment for a term of not less than one month and not more than six months, and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees]. 3[Explanation I ].—A person shall be deemed to boycott another person who— (a) refuses to let to such other person or refuses to permit such other person, to use or occupy any house or land or refuses to deal with, work for hire for, or do business with, such other person or to render to him or receive from him any customary service, or refuses to do any of the said things on the terms on which such things would be commonly done in the ordinary course of business; or (b) abstains from such social, professional or business relations as he would ordinarily maintain with such other person. 1[Explanation II.—For the purpose of clause (c) a person shall be deemed to incite or encourage the practice of “untouchability”— (i) if he, directly or indirectly, preaches “untouchability” or its practice in any form; or (ii) if he justifies, whether on historical, philosophical or religious grounds or on the ground of any tradition of the caste system or on any other ground, the practice of “untouchability” in any form.] 1[(1A) Whoever commits any offence against the person or property of any individual as a repraisal or revenge for his having exercised any right accruing to him by reason of the abolition of “untouchability” under article 17 of the Constitution, shall, where the offence is punishable with imprisonment for a term exceeding two years, be punishable with imprisonment for a term which shall not be less than two years and also with fine.] (2) Whoever— (i) denies to any person belonging to his community or any section thereof any right or privilege to which such person would be entitled as a member of such community or section, or (ii) takes any part in the ex-communication of such person, on the ground that such person has refused to practice “untouchability” that such person has done any act in furtherance of the objects of this Act, [shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.] 4[7A. Unlawful compulsory labour when to be deemed to be a practice of “untouchability”.—(1) (1) Whoever compels any person, on the ground of “untouchability”, to do any scavenging or sweeping or 1. Ins. by Act 106 of 1976, s. 9, (w.e.f. 19-11-1976). 2. Subs. by s. 9, ibid., for certain words (w.e.f. 19-11-1976). 3. The existing Explanation renumbered as Explanation I by s. 9, ibid., (w.e.f 19-11-1976). 4. Ins. by s. 10, ibid. (w.e.f. 19-11-1976). 5 ----- to remove any carcass or to flay any animal, or to remove the umbilical cord or to do any other job of a similar nature shall be deemed to have enforced a disability arising out of “untouchability”. (2) Whoever is deemed under sub-section (1) to have enforced a disability arising out of “untouchability” shall be punishable with imprisonment for a term which shall not be less than three months and not more than six months and also with fine which shall not be less than one hundred rupees and not more than five hundred rupees. _Explanation.—For the purposes of this section, “compulsion” includes a threat of social or economic_ boycott.] **8. Cancellation or suspension of licences in certain cases.—When a person who is convicted of an** offence under section 6 holds any licence under any law for the time being in force in respect of any profession, trade, calling or employment in relation to which the offence is committed, the court trying the offence may without prejudice to any other penalty to which such person may be liable under that section, direct that the licence shall stand cancelled or be suspended for such period as the court may deem fit, and every order of the court so cancelling or suspending a licence shall have effect as if it had been passed by the authority competent to cancel or suspend the licence under any such law. _Explanation.—In this section, “licence” includes a permit or a permission._ **9. Resumption or suspension of grants made by Government.—Where the manager or trustee of a** place of public worship [1][for any educational institution or hostel] which is in receipt of a grant of land or money from the Government is convicted of an offence under this Act and such conviction is not reversed or quashed in any appeal or revision, the Government may, if in its opinion the circumstances of the case warrant such a course, direct the supension or resumption of the whole or any part of such grant. **10. Abetment of offence.—Whoever abets any offence under this Act shall be punishable with the** punishment provided for the offence. 2[Explanation.— A public servant who wilfully neglects the investigation of any offence punishable under this Act shall be deemed to have abetted an offence punishable under this Act.] **3[10A. Power of State Government to impose collective fine.—(1) If, after an inquiry in the** prescribed manner, the State Government is satisfied that the inhabitants of an area are concerned in, or abetting the commission of, any offence punishable under this Act, or harbouring persons concerned in the commission of such offence or failing to render all the assistance in their power to discover or apprehend the offender or offenders or suppressing material evidence of the commission of such offence, the State Government may, by notification in the Official Gazette, impose a collective fine on such inhabitants and apportion such fine amongst the inhabitants who are liable collectively to pay it, and such apportionment shall be made according to the State Government’s judgment of the respective means of such inhabitants and in making any such apportionment the State Government may assign a portion of such fine to a Hindu undivided family to be payable by it: Provided that the fine apportioned to an inhabitant shall not be realised until the petition, if any, filed by him under sub-section (3), is disposed of. (2) The notification made under sub-section (1) shall be proclaimed in the area by beat of drum or in such other manner as the State Government may think best in the circumstances to bring the imposition of the collective fine to the notice of the inhabitants of the said area. 1. Ins. by Act 106 of 1976, s. 11, ibid. (w.e.f. 19-11-1976). 2. Ins. by s. 12, ibid. (w.e.f. 19-11-1976). 3. Ins. by s. 13, ibid. (w.e.f. 19-11-1976). 6 ----- (3) (a) Any person aggrieved by the imposition of the collective fine under sub-section (1) or by the order of apportionment, may, within the prescribed period, file a petition before the State Government or such other authority as that Government may specify in this behalf for being exempted from such fine or for modification of the order or apportionment: Provided that no fee shall be charged for filing such petition. (b) The State Government or the authority specified by it shall, after giving to the petitioner a reasonable opportunity of being heard, pass such order as it may think fit: Provided that the amount of the fine exempted or reduced under this section shall not be realisable from any person, and the total fine imposed on the inhabitants of an area under sub-section (1) shall be deemed to have been reduced to that extent. (4) Notwithstanding anything contained in sub-section (3), the State Government may exempt the victims of any offence punishable under this Act or any person who does not, in its opinion, fall within the category of persons specified in sub-section (1), from the liability to pay the collective fine imposed under sub-section (1) or any portion thereof. (5) The portion of collective fine payable by any person (including a Hindu undivided family) may be recovered in the manner provided by the Code of Criminal Procedure, 1973 (2 of 1974), for the recovery of fines imposed by a Court as if such portion were a fine imposed by a Magistrate.] **11. Enhanced penalty on subsequent conviction.—Whoever having already been convicted of an** offence under this Act or of an abetment of such offence is again convicted of any such offence or abetment, [1][shall, on conviction, be punishable— (a) for the second offence, with imprisonment for a term of not less than six months and not more than one year, and also with fine which shall be not less than two hundred rupees and not more than five hundred rupees; (b) for the third offence or any offence subsequent to the third offence with imprisonment for a term of not less than one year and not more than two years, and also with fine which shall be not less than five hundred rupees and not more than one thousand rupees]. **12. Presumption by Courts in certain cases.—Where any act constituting an offence under this Act** is committed in relation to a member of a Scheduled Caste [2]***, the Court shall presume, unless the contrary is proved, that such act was committed on the ground of “untouchability”. **13. Limitation of Jurisdiction of Civil Courts.—(1) No Civil Court shall entertain or continue any** suit or proceeding or shall pass any decree or order if the claim involved in such suit or proceeding or if the passing of such decree or order or if such execution would in any way be contrary to the provisions of this Act. (2) No Court shall, in adjudicating any matter or executing any decree or order, recognise any custom or usage imposing any disability on any person on the ground of “untouchability”. **14. Offences by companies.—(1) If the person committing an offence under this Act is a company,** every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 1. Subs. by Act 106 of 1976, s. 14, for certain words (w.e.f. 19-11-1976). 2. The words, brackets and figures “as defined in clause (24) of article 366 of the Constitution” omitted by s. 15, ibid. (w.e.f. 19-11-1976). 7 ----- Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent of any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director” in relation to a firm means a partner in the firm. 1[14A. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government for anything which is in good faith done or intended to be done under this Act. (2) No suit or other legal proceeding shall lie against the Central Government or a State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.] **2[15. Offences to be cognizable and triable summarily.—(1) Notwithstanding anything contained** in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be cognizable and every such offence, except where its punishable with imprisonment for a minimum term exceeding three months, may be tried summarily by a Judicial Magistrate of the first class or in a metropolitan area by a Metropolitan Magistrate in accordance with the procedure specified in the said Code. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), when any public servant is alleged to have committed the offence of abetment of an offence punishable under this Act, while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence of abetment except with the previous sanction— (a) of the Central Government, in the case of a person employed in connection with the affairs of the Union; and (b) of the State Government, in the case of a person employed in connection with the affairs of a State. **15A. Duty of State Government to ensure that the rights accruing from the abolition of** **“untouchability” may be availed of by the concerned persons.—(1) Subject to such rules as the** Central Government may make in this behalf, the State Government shall take such measures as may be necessary for ensuring that the rights arising from the abolition of “untouchability” are made available to, and are availed of by the persons subjected to any disability arising out of “untouchability”. (2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include— (i) the provision of adequate facilities, including legal aid, to the persons subjected to any disability arising out of “untouchability” to enable them to avail themselves of such rights; 1. Ins. by Act 106 of 1976, s. 16 (w.e.f. 19-11-1976). 2. Subs. by s. 17, ibid., for s. 15 (w.e.f. 19-11-1976). 8 ----- (ii) the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this Act; (iii) the setting up of special courts for the trial of offences under this Act; (iv) the setting up of Committees at such appropriate levels as the State Government may think fit to assist the State Government in formulating or implementing such measures; (v) provision for a periodic survey of the working of the provisions of this Act with a view to suggesting measures for the better implementation of the provisions of this Act; (vi) the identification of the areas where persons are under any disability arising out of “untouchability” and adoption of such measures as would ensure the removal of such disability from such areas. (3) The Central Government shall take such steps as may be necessary to coordinate the measures taken by the State Governments under sub-section (1). (4) The Central Government shall, every year, place on the Table of each House of Parliament, a report on the measures taken by itself and by the State Governments in pursuance of the provisions of this section.] **16. Act to override other laws.—Save as otherwise expressly provided in this Act, the provisions of** this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any custom or usage or any instrument having effect by virtue of any such law or any decree or order of any Court or other authority. 1[16A. Probation of Offenders Act, 1958, not to apply to persons above the age of fourteen **years.—The provisions of the Probation of Offenders Act, 1958 (20 of 1958), shall not apply to any** person above the age of fourteen years who is found guilty of having committed any offence punishable under this Act.] **16B. Power to make rules.—(1) The Central Government may, by notification in the Official** Gazette, make rules to carry out the provisions of this Act. (2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **17. Repeal.—The enactments specified in the Schedule are hereby repealed to the extent to which** they or any of the provisions contained therein correspond or are repugnant to this Act or to any of the provisions contained therein. 1. Ins. by Act 106 of 1976, s. 18 (w.e.f. 19-11-1976). 9 ----- THE SCHEDULE (See section 17) 1. The Bihar Harijan (Removal of Civil Disabilities) Act, 1949 (Bihar Act XIX of 1949). 2. The Bombay Harijan (Removal of Social Disabilities) Act, 1946 (Bombay Act X of 1947). 3. The Bombay Harijan Temple Entry Act, 1947 (Bombay Act XXXV of 1947). 4. The Central Provinces and Berar Scheduled Castes (Removal of Civil Disabilities) Act, 1947 (Central Provinces and Berar Act XXIV of 1947). 5. The Central Provinces and Berar Temple Entry Authorisation Act, 1947 (Central Provinces and Berar Act XLI of 1947). 6. The East Punjab (Removal of Religious and Social Disabilities) Act, 1948 (East Punjab Act XVI of 1948). 7. The Madras Removal of Civil Disabilities Act, 1938 (Madras Act XXI of 1938). 8. The Orissa Removal of Civil Disabilities Act, 1946 (Orissa Act XI of 1946). 9. The Orissa Temple Entry Authorisation Act, 1948 (Orissa Act XI of 1948). 10. The United Provinces Removal of Social Disabilities Act, 1947 (U.P. Act XIV of 1947). 11. The West Bengal Hindu Social Disabilities Removal Act, 1948 (West Bengal Act XXXVII of 1948). 12. The Hyderabad Harijan Temple Entry Regulations, 1358 F (No. LV of l358 Fasli). 13. The Hyderabad Harijan (Removal of Social Disabilities) Regulations, 1358F (No. LVI of 1358. Fasli). 14. The Madhya Bharat Harijan Ayogta Nivaran Vidhan, Samvat 2005 (Madhya Bharat Act No. 15 of 1949). 15. The Removal of Civil Disabilities Act, 1943 (Mysore Act XLII of 1943). 16. The Mysore Temple Entry Authorisation Act, 1948 (Mysore Act XIV of 1948). 17. The Saurashtra Harijan (Removal of Social Disabilities) Ordinance (No. XL of 1948). 18. The Travancore-Cochin Removal of Social Disabilities Act, 1125K (Travancore-Cochin Act VIII of 1125). 19. The Travancore-Cochin Temple Entry (Removal of Disabilities) Act, 1950 (Travancore-Cochin Act XXVII of 1950). 20. The Coorg Scheduled Castes (Removal of Civil and Social Disabilities) Act, 1949 (Coorg Act I of 1949). 21. The Coorg Temple Entry Authorisation Act, 1949 (Coorg Act II of 1949). 10 -----

8-May-1955

23

The State Bank of India Act, 1955

https://www.indiacode.nic.in/bitstream/123456789/1553/1/AAA1955__23.pdf

central

# THE STATE BANK OF INDIA ACT, 1955 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II INCORPORATION AND SHARE CAPITAL OF STATE BANK 3. Establishment of the State Bank. 4. Authorised capital. 5. Issued capital. CHAPTER III TRANSFER OF UNDERTAKING OF THE IMPERIAL BANK TO STATE BANK 6. Transfer of assets and liabilities of the Imperial Bank to the State Bank. 7. Transfer of service of existing officers and employees of the Imperial Bank to the State Bank. 8. Existing provident and other funds of the Imperial Bank. 9. Compensation to be given to shareholders of Imperial Bank. CHAPTER IV SHARES 10. Transferability of shares. 10A. Right of registered shareholders to nominate. 11. Restrictions on voting rights. 12. Shares to be approved securities. 13. Register of shareholders. 13A. Register of beneficial owners. 14. [Omitted.]. 15. Trusts not to be entered on the register of shareholders. CHAPTER V MANAGEMENT 16. Offices, branches and agencies. 17. Management. 18. Central Board to be guided by directions of Central Government. 19. Composition of the Central Board. 19A. Qualifications for election of directors elected by shareholders. 19B. Power of Reserve Bank to appoint additional directors. 20. Term of office of chairman, managing director, etc. 21. Local Boards. 21A. Term of office of members of Local Board. 21B. Powers of Local Board. 1 ----- SECTIONS 21C. Local Committees. 22. Disqualifications for directorship of Central Board or membership of Local Boards or Committees. 23. Vacation of office of directors, etc. 24. Removal from office of directors, etc. 24A. Suppression of Central Board in certain cases. 25. Casual vacancies. 26. Remuneration of directors. 27. Powers and remuneration of chairman. 28. [Omitted.]. 29. Powers and remuneration of managing director. 30. Executive and other committees of the Central Board. 31. Meetings of the Central Board. 31A. Meetings of Local Boards. CHAPTER VI BUSINESS OF THE STATE BANK 32. State Bank to act as agent of the Reserve Bank. 33. Other business which the State Bank may transact. 34. Business which the State Bank may not transact. **35.** State Bank may acquire the business of other Banks. 35A. Arrangement with the State Bank on appointment of directors to prevail. CHAPTER VII FUNDS, ACCOUNTS AND AUDIT 36. Integration and Development Fund. 37. Reserve Fund. 38. Disposal of profits. 38A. Transfer of unpaid or unclaimed dividend. 39. Books to be balanced each year. 40. Returns. 41. Audit. 42. Balance sheet, etc., of State Bank may be discussed at general meeting. CHAPTER VIII MISCELLANEOUS 43. State Bank may appoint officers and other employees. 43A. Bonus. 44. Obligation as to fidelity and secrecy. 45. Bar to liquidation of State Bank. 46. Indemnity of directors and members of Local Boards and Local Committees, etc. 47. Defects in appointment or constitution not to invalidate acts or proceedings. 48. [Omitted.]. 49. Power of Central Government to make rules. 50. Power of Central Board to make regulations. 51. Requirements of foreign law to be complied with in certain cases. 52. [Omitted.]. 53. [Repealed.]. 54. [Repealed.]. 55. No proceeding to lie in India against Imperial Bank after appointed day. 56. References to the Imperial Bank, the Bank of Bengal, etc., in other laws. 2 ----- SECTIONS 57. Dissolution of Imperial Bank, etc. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE.—[Repealed.] THE FOURTH SCHEDULE.—[Repealed.] THE FIFTH SCHEDULE.—[Repealed.] 3 ----- # THE STATE BANK OF INDIA ACT, 1955 ACT NO. 23 OF 1955[1] [8th May, 1955.] # An Act to constitute a State Bank for India, to transfer to it the undertaking of the Imperial Bank of India and to provide for other matters connected therewith or incidental thereto. WHEAEAS for the extension of banking facilities on a large scale, more particularly in the rural and semi-urban areas, and for diverse other public purposes it is expedient to constitute a State Bank for India, and to transfer to it the undertaking of the Imperial Bank of India and to provide for other matters connected therewith or incidental thereto; BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1.** **Short title and commencement.—(1) This Act may be called the State Bank of India Act, 1955.** (2) It shall come into force on such date[2] as the Central Government may, by notification in the Official Gazette, appoint. **2.** **Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the date on which this Act comes into force; (b) “Central Board” means the Central Board of Directors of the State Bank; 3[(bb) “chairman” means the chairman of the Central Board;] (c) “goods” includes bullion, wares and merchandise; (d) “Imperial Bank” means the Imperial Bank of India constituted under the Imperial Bank of India Act, 1920 (47 of 1920); 3[(dd) “Local Board” means a Local Board constituted under section 21;] (e) “prescribed” means prescribed by regulations made under this Act; (f) “Reserve Bank” means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (2 of 1934); (g) “State Bank” means the State Bank of India constituted under this Act; 4* - - - 5* - - - 6[(j) “workman” has the meaning assigned to it in the Industrial Disputes Act, 1947 (14 of 1947).] 1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the first Schedule (w.e.f. 1-7-1965); Pondicherry by Reg. 7 of 1963, s. 3 and first Schedule (w.e.f. 1-10-1963); and Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule (w.e.f. 1-2-1965). 2. 1st July, 1955, vide notification No. S.R.O. 1077, dated 14th May, 1955, see Gazette of India, Part II, sec. 3(ii). 3. Ins. by Act 35 of 1964, s. 2 (w.e.f. 1-12-1964). 4. Clause (h) omitted by Act 19 of 2018, s. 3 (w.e.f. 1-4-2017). 5. Omitted by Act 27 of 2010, s. 2 (w.e.f. 15-9-2010). 6. Ins. by Act 48 of 1973, s. 2 (w.e.f. 1-7-1974). 4 ----- CHAPTER II INCORPORATION AND SHARE CAPITAL OF STATE BANK **3. Establishment of the State Bank.—(1) A Bank to be called the State Bank of India shall be** constituted to carry on the business of banking and other business in accordance with the provisions of this Act and for the purpose of taking over the undertaking of the Imperial Bank. (2) The [1][Central Government], together with such other persons as may from time to time become shareholders in the State Bank in accordance with the provisions of this Act, shall, so long as they are shareholders in the State Bank, constitute a body corporate with perpetual succession and a common seal under the name of the State Bank of India, and shall sue and be sued in that name. (3) The State Bank shall have power to acquire and hold property, whether movable or immovable, for the purposes for which it is constituted and to dispose of the same. **2[4. Authorised capital.—Subject to the provisions of this Act, the authorised capital of the State** Bank shall be five thousand crores of rupees divided into five hundred crores of fully paid-up shares often rupees each: Provided that the Central Board may reduce the nominal or face value of the shares, and divide the authorised capital into such denomination as it may decide with the approval of the Reserve Bank: Provided further that the Central Government may, in consultation with the Reserve Bank, increase or reduce the authorised capital so however that the shares in all cases shall be fully paid-up shares.] **5. Issued capital.—(1) The issued capital of the State Bank shall, on the appointed day, be five** crores, sixty-two lakhs and fifty thousand rupees divided into five lakhs, sixty-two thousand and five hundred shares, all of which shall, on the appointed day, stand allotted to the Reserve Bank in lieu of the shares of the Imperial Bank [3][transferred to and vested in it under section 6]. 4[(2) The issued capital of the State Bank shall consist of equity shares or equity and preference shares: Provided that the issue of preference shares shall be in accordance with the guidelines framed by the Reserve Bank specifying the class of preference shares, the extent of issue of each class of such preference shares (whether perpetual or irredeemable or redeemable) and the terms and conditions subject to which, each class of preference shares may be issued: Provided further that the Central Board may from time to time increase, with the previous approval of the Reserve Bank and the Central Government, whether by public issue or rights issue or preferential allotment or private placement, in accordance with the procedure as may be prescribed, the issued capital by the issue of equity or preference shares: Provided also that the Central Government shall, at all times, hold not less than fifty-one per cent. of the issued capital consisting of equity shares of the State Bank.] (3) No increase in the issued capital beyond twelve crores and fifty lakhs of rupees shall be made under sub-section (2) without the previous sanction of the Central Government. 5[(4) Subject to the provisions contained in sub-section (2), the Central Board may increase from time to time, by way of issuing bonus shares to existing equity shareholders, the issued capital in such manner as the Central Government may, after consultation with the Reserve Bank, direct. (5) The State Bank may, accept the money in respect of shares issued towards increase in the issued capital in instalments, make calls, forfeit unpaid shares and re-issue them, in such manner as may be prescribed.] 1. Subs. by Act 32 of 2007, s. 2, for “Reserve Bank” (w.e.f. 29-6-2007). 2. Subs. by Act 27 of 2010, s. 3, for section 4 (w.e.f. 15-9-2010). 3. Subs. by Act 33 of 1955, s. 2, for “transferred to it by paragraph 2 of the First Schedule” (w.e.f. 21-9-1955) 4. Subs. by Act 27 of 2010, s. 4, for sub-section (2) (w.e.f. 15-9-2010). 5. Ins. by s. 4, ibid. (w.e.f. 15-9-2010). 5 ----- CHAPTER III TRANSFER OF UNDERTAKING OF THE IMPERIAL BANK TO STATE BANK **6.** **Transfer of assets and liabilities of the Imperial Bank to the State Bank.—(1) Subject to the** other provisions contained in this Act, on the appointed day, (a) all shares in the capital of the Imperial Bank shall be transferred to, and shall vest in, the Reserve Bank, free of all trusts, liabilities and encumbrances, and (b) the undertaking of the Imperial Bank shall be transferred to, and shall vest in, the State Bank. (2) The undertaking of the Imperial Bank shall be deemed to include all rights, powers, authorities and privileges, and all property, movable and immovable, including cash balances, reserve funds, investments and all other interests and rights in, or arising out of, such property as may be in the possession of that bank immediately before the appointed day, and all books, accounts, and documents relating thereto, and shall also be deemed to include all debts, liabilities and obligations of whatever kind then existing of that bank. 1 [(3) Unless otherwise expressly provided by or under this Act, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the appointed day and to which the Imperial Bank is a party or which are in favour of the Imperial Bank shall be of as full force and effect against or in favour of the State Bank, as the case may be, and may be enforced or acted upon as fully and effectually as if instead of the Imperial Bank the State Bank had been a party thereto or as if they had been issued in favour of the State Bank]. (4) If on the appointed day any suit, appeal or other legal proceeding of whatever nature, is pending by or against the Imperial Bank, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the State Bank of the undertaking of the Imperial Bank or of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the State Bank. **7.** **Transfer of service of existing officers and employees of the Imperial Bank to the State** **Bank.—(1) Every officer or other employee of the Imperial Bank (excepting the managing director, the** deputy managing director and other directors) in the employment of the Imperial Bank immediately before the appointed day shall, on and from the appointed day, become an officer or other employee, as the case may be, of the State Bank, and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the appointed day if the undertaking of the Imperial Bank had not vested in the State Bank, and shall continue to do so unless and until his employment in the State Bank is terminated or until his remuneration, terms or conditions are duly altered by the State Bank. (2) Any person who, on the appointed day, is entitled to or is in receipt of, a pension or other superannuation or compassionate allowance or benefit from the Imperial Bank or any provident, pension or other fund or any authority administering such fund shall be entitled to be paid by, and to receive from, the State Bank or any provident, pension or other fund or any authority administering such fund the same pension, allowance or benefit so long as he observes the conditions on which the pension, allowance or benefit was granted, and if any question arises whether he has so observed such conditions, the question shall be determined by the Central Government and the decision of the Central Government thereon shall be final. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), no appointment made or promotion, increment in salary, pension, allowance or any other benefit granted to any person after the 19th day of December, 1954, and before the appointed day which would not ordinarily have been made or granted or which would not ordinarily have been admissible under the rules or authorisations of the Imperial Bank or of any provident, pension or other fund in force prior to the 19th day of December, 1. Subs. by Act 33 of 1955, s. 3, for sub-section (3) (w.e.f. 21-9-1955). 6 ----- 1954, shall have effect or be payable or claimable from the State Bank or from any provident, pension or other fund or from any authority administering the fund, unless the Central Government has, by general or special order, confirmed the appointment, promotion or increment or has directed the continued grant of the pension allowance or other benefit as the case may be. (4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, the transfer of the services of any officer or other employes of the Imperial Bank from that Bank to the State Bank shall not entitle such officer or other employees to any compensation under that Act or other law, and no such claim shall be entertained by any Court, Tribunal or other authority. (5) Any person holding office as managing director, deputy managing director, director or member of any Local Board of the Imperial Bank immediately before the appointed day shall be deemed to have vacated his office as such on the appointed day, and notwithstanding anything contained in this Act or in any other law for the time being in force or in any agreement or contract, he shall not be entitled to any compensation from the Imperial Bank or the State Bank for the loss of office or for the premature termination of any agreement or contract relating to his employment, except such pension, compensation or other benefit which the State Bank may grant to him, having regard to what that person would have received as an officer of the Imperial Bank if this Act had not been passed and if he had retired from his employment in the ordinary course. (6) Where any managing director, deputy managing director, director, officer or other employee of the Imperial Bank has, after the 19th day of December, 1954, and before the appointed day, been paid any sum by way of compensation or gratuity, the State Bank shall be entitled to claim refund of any sum so paid if the payment is not confirmed by the Central Government by general or special order. **8.** **Existing provident and other funds of the Imperial Bank.—For the persons who immediately** before the appointed day are the trustees of the following funds, that is to say,— (a) the Imperial Bank of India Employees Provident Fund; (b) the Imperial Bank of India Employees Pension and Guarantee Fund; (c) the Bank of Bombay Officers Pension and Guarantee Fund; (d) the Bank of Madras Pension and Gratuity Fund; and (e) the Bank of Madras Officers Provident and Mutual Guarantee Fund; there shall be substituted as trustees such persons as the Central Government may, by general or special order, specify. **9.** **Compensation to be given to shareholders of Imperial Bank.—(1) Every person who** immediately before the appointed day is registered as a holder of shares in the Imperial Bank shall be entitled to compensation in accordance with the provisions contained in the First Schedule. (2) Nothing contained in sub-section (1) shall affect the rights _inter se_ between the holder of any share in the Imperial Bank and any other person who may have an interest in such share, and such other person shall be entitled to enforce his interest against the compensation awarded to the holder of such share, but not against the Reserve Bank. CHAPTER IV SHARES **10.** **Transferability of shares.—(1) Save as otherwise provided in sub-section (2), the shares of the** State Bank shall be freely transferable. (2) Nothing contained in sub-section (1) shall entitle the [1][Central Government] to transfer any shares held by it in the State Bank if such transfer will result in reducing the shares held by it to less than [2][fifty 1. Subs. by Act 32 of 2007, s. 4, for “Reserve Bank” (w.e.f. 29-6-2007). 2. Subs. by 27 of 2010, s. 5, for “fifty-five per cent. of the issued capital” (w.e.f. 15-9-2010). 7 ----- one per cent. of the issued capital consisting of equity shares,] of the State Bank. **1[10A. Right of registered shareholders to nominate.—(1) Every individual registered shareholder** may, at any time, nominate, in the prescribed manner, an individual to whom all his rights in the shares shall vest in the event of his death. (2) Where the shares are registered in the name of more than one individual jointly, the joint holders may together nominate in the prescribed manner, an individual to whom all their rights in the shares shall vest in the event of the death of all the joint holders. (3) Notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, where a nomination in respect of shares is made in the prescribed manner and which purports to confer on the nominee the right to vest the shares, the nominee shall, on the death of the shareholder or, as the case may be, on the death of all the joint holders, become entitled to all the rights of the shareholder or, as the case may be, of all the joint holders, in relation to such shares and all other persons shall be excluded unless the nomination is varied or cancelled in the prescribed manner. (4) Where the nominee is a minor, it shall be lawful for the individual registered holder of the shares to make nomination to appoint, in the prescribed manner, any person to become entitled to the shares in the event of his death during the minority of the nominee.] **2[11. Restrictions on voting rights.—No shareholder, other than the 3[Central Government], shall be** entitled to exercise voting rights in respect of any shares held by him in excess of ten per cent. of the issued capital: Provided that such shareholder shall be entitled to exercise voting rights at such higher percentage as the Central Government may, after consultation with the [3][Central Government], specify.] 4[Provided further that the shareholder holding any preference share capital in the State Bank shall, in respect of such capital, have a right to vote only on resolutions placed before the State Bank which directly affect the rights attached to his preference shares: Provided also that no preference shareholder, other than the Central Government, shall be entitled to exercise voting rights in respect of preference shares held by him in excess of ten per cent, of total voting rights of all the shareholders holding preference share capital only.] **12.** **Shares to be approved securities.—Notwithstanding anything contained in the Acts hereinafter** mentioned in this section, the shares of the State Bank shall be deemed to be included among the securities enumerated in section 20 of the Indian Trusts Act, 1882 (2 of 1882), and also to be approved securities for the purposes of the Insurance Act, 1938 (4 of 1938), and the [5][Banking Regulations Act, 1949 (10 of 1949)]. **6[13. Register of shareholders.—(1) The State Bank shall keep at its Central Office, a register, in** one or more books of the shareholders, and shall enter therein the following particulars so far as they may be available:— (i) the names, addresses and occupations, if any, of the shareholders and a statement of the shares held by each shareholder, distinguishing each share by its denoting number; (ii) the date on which each person is so entered as a shareholder; (iii) the date on which any person ceases to be a shareholder; and (iv) such other particulars as may be prescribed. 7[Provided that nothing in this sub-section shall apply to the shares held with a depository.] 1. Ins. by Act 27 of 2010, s. 6 (w.e.f. 15-9-2010). 2. Subs. by Act 3 of 1994, s. 3, for section 11 (15-10-1993). 3. Subs. by Act 32 of 2007, s. 5, for “Reserve Bank” (w.e.f. 29-6-2007). 4. Ins. by Act 27 of 2010, s. 7 (w.e.f. 15-9-2010). 5. Subs. by Act 3 of 1994, s. 4, for “Banking Companies, 1949” (w.e.f. 15-10-1993). 6. Subs. by s. 13, ibid., for section 13 (w.e.f. 15-10-1993). 7. Ins. by Act 8 of 1997, s. 3 (w.e.f. 15-1-1997). 8 ----- (2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the State Bank to keep the register of shareholders [1][in computer floppies or diskettes or any other electronic form] subject to such safeguards as may be prescribed. (3) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), a copy of, or extract from, the register of shareholders, certified to be a true copy under the hand of an officer of the State Bank authorised in this behalf, shall, in all legal proceedings, be admissible in evidence.] **2[13A. Register of beneficial owners.—The register of beneficial owners maintained by a depository** under section 11 of the Depositories Act, 1996 (22 of 1996), shall be deemed to be a register of shareholders for the purposes of this Act.] **14.** [Branch registers.]Omitted by the State Bank of India (Amendment) _Act, 1993 (3_ _of 1994),_ _s. 6_ (w.e.f. 15-10-1993). 3[15. Trusts not to be entered on the register of shareholders.—No notice of any trust, express, implied or constructive, shall be entered on the register of shareholders or be receivable by the State Bank.] 4[Provided that nothing in this section shall apply to a depository in respect of shares held by it as a registered owner on behalf of the beneficial owners. _Explanation.—For the purposes of section 13, section 13A and this section, the expressions_ “beneficial owner”, “depository” and “registered owner” shall have the meanings respectively assigned to them in clauses (a), (e) and (j) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996).] CHAPTER V MANAGEMENT **16.** **Offices, branches and agencies.—(1) Unless otherwise provided by the Central Government, by** notification in the Official Gazette, the Central Office of the State Bank shall be at [5][Mumbai, and shall also be known as Corporate Centre]. (2) The State Bank shall have local head offices in [6][Mumbai, Kolkata and Chennai] and at such other places in India as the Central Government, in consultation with the Central Board, may determine. (3) The State Bank shall maintain as its branches or agencies, all branches or agencies of the Imperial Bank which were in existence [7][in India] immediately before the appointed day, and no such branch may be closed without the previous approval of the Reserve Bank. (4) The State Bank may establish branches or agencies at any place in or outside India in addition to the branches or agencies referred to in sub-section (3). (5) Notwithstanding anything contained in sub-section (4), the State Bank shall establish not less than four hundred branches in addition to the branches referred to in sub-section (3) within five years of the appointed day or such extended period as the Central Government may specify in this behalf, and the places where such additional branches are to be established shall be determined in accordance with any such programme as may be drawn up by the Central Government from time to time in consultation with the Reserve Bank and the State Bank, and no branch so established shall be closed without the previous approval of the Reserve Bank. **17.** **Management.—(1) The general superintendence and direction of the affairs and business of the** State Bank shall be entrusted to the Central Board which may exercise all powers and do all such acts and things as may be exercised or done by the State Bank and are not by this Act expressly directed or required to be done by the State Bank in general meeting. 1. Subs. by Act 27 of 2010, s. 8, for “in computer floppies or diskettes” (w.e.f. 15-9-2010). 2. Ins. by Act 8 of 1997, s. 4 (w.e.f. 15-1-1997). 3. Subs. by Act 3 of 1993, s. 7, for section 15 (w.e.f. 15-10-1993). 4. The proviso and Explanation ins. by Act 8 of 1997, s. 5 (w.e.f. 15-1-1997). 5. Subs. by Act 27 of 2010, s. 9, for “Bombay” (w.e.f. 15-9-2010). 6. Subs. by s. 9, ibid., for “Bombay, Calcutta and Madras” (w.e.f. 15-9-2010). 7. Ins. by Act 33 of 1955, s. 4 (w.e.f. 21-9-1955). 9 ----- (2) The Central Board in discharging its functions shall act on business principles, regard being had to public interest. **18.** **Central Board to be guided by directions of Central Government.—(1) In the discharge of its** functions [1]*** the State Bank shall be guided by such directions in matters of policy involving public interest as the Central Government may, in consultation with the Governor of the Reserve Bank and the chairman of the State Bank, give to it. (2) [2][All directions shall be given by the Central Government] and, if any question arises whether a direction relates to a matter of policy involving public interest, the decision of the Central Government thereon shall be final. **19.** **Composition of the Central Board.—[3]*** The Central Board shall consist of the following,** namely: (a) a chairman [4]*** to be appointed by the Central Government in consultation with the Reserve Bank [5]***. 6[(b) such number of managing directors not exceeding four, as may be appointed by the Central Government in consultation with the Reserve Bank;] 7* - - - (c) if the total amount of the holdings of the shareholders, other than the [8][Central Government], whose names are on the [9][register of shareholders] three months before the date fixed for election of directors is— (i) not more than ten per cent. of the total issued capital, two directors, (ii) more than ten per cent. but not more than twenty-five per cent. of such capital three directors, and (iii) more than twenty-five per cent. of such capital, four directors, to be elected in the prescribed manner by such shareholders; 10[(ca) one director, from among the employees of the State Bank, who are workmen, to be appointed by the Central Government in the manner provided in the rules made under this Act; (cb) one director, from among such of the employees of the State Bank, as are not workmen, to be appointed by the Central Government in the manner provided in the rules made under this Act]; (d) not less than two and not more than six directors to be nominated by the Central Government [11]***, from among persons having special knowledge of the working of co-operative institutions and of rural economy or experience in commerce, industry, banking or finance;] (e) one director to be nominated by the Central Government; and 12[(f) one director, possessing necessary expertise and experience in matters relating to regulation or supervision of commercial banks to be nominated by the Central Government on the recommendation of the Reserve Bank.] 1. The words “including those relating to a subsidiary bank” omitted by Act 19 of 2018, s. 4 (w.e.f. 1-4-2017). 2. Subs. by Act 32 of 2007, s. 6, for “All directions given by the Central Government shall be given through the Reserve Bank” (w.e.f. 29-6-2007). 3. The brackets and figure “(1)” omitted by Act 3 of 1994, s. 8 (w.e.f. 15-10-1993). 4. Certain words omitted by Act 73 of 1976, s. 4 (w.e.f. 11-6-1976). 5. The words “and a vice-chairman” omitted by Act 27 of 2010, s. 10 (w.e.f. 15-9-2010). 6. Subs. by s. 10, ibid., for clause (b) (w.e.f. 15-9-2010). 7. Omitted by s. 10, ibid. (w.e.f. 15-9-2010). 8. Subs. by Act 32 of 2007, s. 7, for “Reserve Bank” (w.e.f. 29-6-2007). 9. Subs. by Act 3 of 1994, s. 8, for “Principal register” (w.e.f. 15-10-1993). 10. Ins. by Act 48 of 1973, s. 3 (w.e.f. 1-7-1974). 11. The words “in consultation with the Reserve Bank” omitted by Act 27 of 2010, s. 10 (w.e.f. 15-9-2010). 12. Subs. by s. 10, ibid., for clause (f) (w.e.f. 15-9-2010). 10 ----- 1* - - - **2[19A. Qualifications for election of directors elected by shareholders.—(1) The directors elected** under clause (c) of section 19 shall— (a) have special knowledge or experience in respect of one or more of the following areas, namely:— (i) agriculture and rural economy, (ii) banking, (iii) co-operation, (iv) economics, (v) finance, (vi) law, (vii) small-scale industry, (viii) any other area the special knowledge of, and experience in, which in the opinion of the Reserve Bank shall be useful to the State Bank; (b) represent the interests of depositors; or (c) represent the interests of farmers, workers and artisans. (2) Without prejudice to the provisions of sub-section (1) and notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, no person shall be eligible to be elected as director under clause (c) of section 19 unless he is a person having fit and proper status based upon track record, integrity and such other criteria as the Reserve Bank may notify from time to time in this regard and the Reserve Bank may specify in the notification issued under this sub-section, the authority to determine the fit and proper status, the manner of such determination, the procedure to be followed for such determinations and such other matters as may be considered necessary or incidental thereto. (3) Where the Reserve Bank is of the opinion that any director of the State Bank elected under clause (c) of section 19 does not fulfil the requirements of sub-sections (1) and (2), it may, after giving to such director and the State Bank a reasonable opportunity of being heard, by order, remove such director. (4) On the removal of a director under sub-section (3), the Central Board shall co-opt any other person fulfilling the requirements of sub-sections (1) and (2), as a director in place of the person so removed, till a director is duly elected by the shareholders of the State Bank in the next annual general meeting; and the person so co-opted shall be deemed to have been duly elected by the shareholders of the State Bank as a director. **19B. Power of Reserve Bank to appoint additional directors.—(1) If the Reserve Bank is of the** opinion that in the interest of banking policy or in the public interest or in the interests of the State Bank or its depositors, it is necessary so to do, it may, from time to time and by order in writing appoint, with effect from such date as may be specified in the order, one or more persons as additional directors of the State Bank. (2) Any person appointed as additional director under sub-section (1) shall,— (a) hold office during the pleasure of the Reserve Bank and subject thereto for a period not exceeding three years or such further periods not exceeding three years at a time as the Reserve Bank may, by order, specify; 1. Sub-section (2) and (3) omitted by Act 35 of 1964, s. 3 (w.e.f. 1-12-1964). 2. Ins. by Act 27 of 2010, s. 11 (w.e.f. 15-9-2010). 11 ----- (b) not incur any obligation or liability by reason only of his being an additional director or for anything done or omitted to be done in good faith in the execution of the duties of his office or in relation thereto; and (c) not be required to hold qualification shares in the State Bank. (3) For the purpose of reckoning any proportion of the total number of directors of the State Bank any additional director appointed under this section shall not be taken into account.] **20. Term of office of chairman, managing director, etc.—(1)** [1][The chairman, [2]*** and each managing director] shall hold office for such term not exceeding five years, as the Central Government may fix when appointing them and shall be eligible for reappointment. 3[(1A) Notwithstanding anything contained in sub-section (1), the Central Government shall have the right to terminate the terms of office of the chairman, [2]*** or a managing director, as the case may be, at any time before the expiry of the term fixed under sub-section (1) by giving him notice of not less than three months in writing or three months’ salary and allowances in lieu of such notice; and the chairman, 2*** or a managing director, as the case may be, shall also have the right to relinquish his office at any time before the expiry of the term so fixed by giving to the Central Government notice of not less than three months in writing.] 4* - - - (3) Subject to the provisions contained in section 19 and [5]*** a director elected under clause (c) [6]*** of [7] [that section] shall hold office for [8] [three years] and [9] *** [10] *** and shall be eligible for reelection [11]***: 12[Provided that no such director shall hold office continuously for a period exceeding six years.] 13[(3A) 14[subject to the provisions contained in sub-section (4), a director] appointed under clause (ca) or clause (cb) [15][of section 19 or nominated under clause (d) of that section] shall hold office for such term, not exceeding three years, as the Central Government may specify [16]*** and shall be eligible [17][for re appointment or re-nomination, as the case may be:]] 12[Provided that no such director shall hold office continuously for a period exceeding six years.] 18[(4) A director appointed under clause (ca) or clause (cb) 19[of section 19 or nominated under clause (d) or clause (e) or clause (f) of that section] shall hold office during the pleasure of the authority appointing or nominating him, as the case may be.] 1. Subs. by Act 73 of 1976, s. 4, for “The chairman and the vice-chairman” (w.e.f. 11-6-1976). 2. The words “, vice-chairman” omitted by Act 27 of 2010, s. 12 (w.e.f. 15-6-2010). 3. Ins. by Act 73 of 1976, s. 4 (w.e.f. 11-6-1976). 4. Omitted by s. 4, ibid. (w.e.f. 11-6-1976). 5. The words, brackets and figures “and in sub-section (5)” omitted by Act 66 of 1988, s.12 (w.e.f. 8-7-1992). 6. The words, brackets and figures “of sub-section (1)” omitted by Act 3 of 1994, s. 9 (w.e.f. 15-10-1993). 7. Subs. by Act 66 of 1988, s. 12, for certain words (w.e.f. 8-7-1992). 8. Subs. by s. 12, ibid., for “four years” (w.e.f. 8-7-1992). 9. The words “and thereafter until his successor shall have been duly elected” omitted by Act 45 of 2006, s. 14 (w.e.f. 16-10-2006). 10. The words “or nominated” omitted by Act 66 of 1988, s. 12 (w.e.f. 8-7-1992). 11. The words “or re nomination” omitted by s. 12, ibid. (w.e.f. 8-7-1992). 12. Ins. by s. 12, ibid. (w.e.f. 8-7-1992). 13. Ins. by Act 48 of 1973, s. 4 (w.e.f. 1-7-1974). 14. Subs. by Act 66 of 1988, s. 12, for “A director” (w.e.f. 8-7-1992). 15. Subs. by Act 3 of 1994, s. 9, for certain words (w.e.f. 15-10-1993). 16. The words “and thereafter until his successor shall have been duly appointed or nominated” omitted by Act 27 of 2010, s. 12 (w.e.f. 15-9-2010). 17. Subs. by Act 66 of 1988, s. 12, for certain words (w.e.f. 8-7-1992). 18. Subs. by s. 12, ibid., for sub-section (4) (w.e.f. 8-7-1992). 19. Subs. by Act 3 of 1994, s. 9, for certain words (w.e.f. 15-10-1993). 12 ----- 1* - - - **2[21. Local Boards.—(1) There shall be constituted at each place where the State Bank has a local** head office, a Local Board which shall consist of the following members, namely:— 3[(a) the chairman, ex officio or the managing director nominated by the chairman;] 4[(b) all such directors elected or nominated to the Central Board under clause (c) or clause (d) of section 19 as are ordinarily resident in the area falling within the jurisdiction of the local head office;] (c) six members to be nominated by the Central Government [5]***; 6* - - - (e) [7][the Chief General Manager] of the local head office, appointed by the State Bank, ex officio. 8[(2) Where as a result of the establishment of any local head office (hereinafter referred to as the new local head office) for any area which is already falling within the jurisdiction of another local head office (hereinafter referred to as the existing local head office) a Local Board (hereinafter referred to as the new Local Board) is constituted for the new local head office, any person who is, at the time of such Constitution, holding office as a member of a Local Board (hereinafter referred to as the existing Local Board) for an existing local head office under clause (c) of sub-section (1) and is ordinarily resident in the area falling within the jurisdiction of the new local head office, shall cease to hold office as member of the existing Local Board and shall become a member of the new Local Board and shall on becoming such member be deemed to have been nominated to the new Local Board and shall hold office as such member for the unexpired portion of his term of office as a member of the existing Local Board.] (3) Any vacancy caused in the existing Local Board as a result of any member thereof becoming a member of the new Local Board under sub-section (2) shall be deemed to be a casual vacancy and be filled in accordance with the provisions of section 25. 9* - - - 10[(5) The 11[Central Government] shall, in consultation with the chairman, appoint— (a) a member of a Local Board nominated under clause (c) of sub-section (1) to be the president thereof; and (b) a member of a Local Board holding office under clause (b) or nominated under clause (c) of that sub-section to be the vice-president thereof.] 12[21A. Term of office of members of Local Board.—13[(1) Subject to the provisions contained in this section and in sub-section (2) of section 21, a member of a Local Board— (a) nominated under clause (c) of sub-section (1) of section 21 shall hold office for such term, not exceeding three years, as the Central Government may specify in this behalf [14]***; 1. Omitted by Act 66 of 1988, s. 12 (w.e.f. 8-7-1992). 2. Subs. by Act 35 of 1964, s. 5, for section 21 (w.e.f. 1-12-1974). 3. Subs. by Act 27 of 2010, s. 13, for clause (a) (w.e.f. 15-9-2010). 4. Subs. by Act 3 of 1994, s. 10, for clause (b) (w.e.f. 15-10-1993). 5. The words “in consultation with the Reserve Bank” omitted by Act 27 of 2010, s. 13 (w.e.f. 15-9-2010). 6. Omitted by Act 3 of 1994, s. 10(w.e.f. 15-10-1993). 7. Subs. by Act 48 of 1973, s. 5, for “the Secretary and Treasurer” (w.e.f. 1-7-1974). 8. Subs. by Act 3 of 1994, s. 10, for sub-section (2) (w.e.f. 15-10-1993). 9. Omitted by s. 10, ibid. (w.e.f. 15-10-1993). 10. Subs. by s. 10, ibid., for sub-section (5) (w.e.f. 15-10-1993). 11. Subs. by Act 27of 2010, s. 13, for “Governor of the Reserve Bank” (w.e.f. 15-9-2010). 12. Ins. by Act 35 of 1964, s. 6 (w.e.f. 1-12-1964). 13. Subs. by Act 66 of 1988, s. 13, for sub-section (1) (w.e.f. 15-10-1993). 14. The words “and thereafter until his successor has been duly nominated” omitted by Act 45 of 2006, s. 15 (w.e.f. 16-10-2006). 13 ----- (b) elected under clause (d) of sub-section (1) of section 21 shall hold office for three years and 1***, and shall be eligible for re-nomination or re-election, as the case may be: Provided that no such director shall hold office continuously for a period exceeding six years.] 2* - - - (3) A director of the Central Board becoming a member of a Local Board by virtue of the provisions of clause (b) of sub-section (1) of section 21 shall cease to hold office as such member on his ceasing to be a director or on his ceasing to be ordinarily resident in the relevant area. (4) The president and the vice-president of a Local Board shall each hold office for two years or the remaining period of his office as a member of the Local Board, whichever is shorter, and shall be eligible for re-appointment so long as he is a member of the Local Board. 3[(5) A member of a Local Board nominated under clause (c) of sub-section (1) of section 21 shall hold office during the pleasure of the Central Government.] 4[21B. Powers of Local Board.—In respect of the area falling within the jurisdiction of the local head office for which the Local Board has been constituted, a Local Board shall, subject to such general or special direction as the Central Board may give from time to time, exercise such powers and perform such duties and functions as may be entrusted or delegated to it by the Central Board.] **21C. Local Committees.—[5][(1) A Local Committee may be constituted by the Central Board for any** area and shall consist of such number of members as may be prescribed. 6[(2) The chairman or the managing director nominated by him shall be an ex officio member of every such Local Committee.] (3) A Local Committee shall exercise such powers and perform such functions and duties as the Central Board may confer on or assign to it.] **22.** **Disqualifications for directorship of Central Board or membership of Local Boards or** **Committees.—(1) No person shall be qualified to be a director of the Central Board or a member of a** Local Board or of a Local Committee if— (a) he holds the office of director, provisional director, promoter, agent or manager of any banking company already established or advertised as about to be established; or (b) he is a salaried officer of Government not specially authorised by the Central Government to be a director or member; or (c) he has been removed or dismissed from the service of Government on a charge of corruption or bribery; or (d) he holds any office of profit under the State Bank other than the office of chairman, [7]*** [8][managing director] or [9][ [10][Chief General Manager or legal or technical adviser]]; or 1. The words “and thereafter until his successor has been duly nominated” omitted by Act 45 of 2006, s. 15 (w.e.f. 16-10-2006). 2. Omitted by Act 3 of 1994, s. 11 (w.e.f. 15-10-1993). 3. Ins. by Act 66 of 1988, s. 13 (w.e.f. 8-7-1992). 4. Subs. by Act 27 of 2010, s. 14, for section 21B (w.e.f. 15-9-2010). 5. Ins. by Act 35 of 1964, s.6 (w.e.f. 1-12-1964). 6. Subs. by Act 27 of 2010, s. 15, for sub-section (2) (w.e.f. 15-9-2010). 7. The word “vice-chairman” omitted by s. 16, ibid. (w.e.f 15-9-2010). 8. Subs. by Act 26 of 1959, s. 2, for “or managing director” (w.e.f. 11-6-1976). 9. Ins. by Act 35 of 1964, s. 7 (w.e.f. 1-12-1964). 10. Subs. by Act 48 of 1973, s. 7, for “secretary and treasurer” (w.e.f. 26-6-1974). 14 ----- 1[(da) in the case of a director appointed under clause (ca) or clause (cb) 2*** of section 19,— (i) he is not serving in the State Bank or has not been serving in it for a continuous period of at least five years; and (ii) he is of such age that there is a likelihood of his attaining the age of superannuation during his term of office as a director; or] (e) he is or at any time has been adjudicated an insolvent or has suspended payment of his debts or has compounded with his creditors; or (f) he is declared lunatic or becomes of unsound mind; or (g) he is or has been convicted of any offence involving moral turpitude; or 3[(h) in the case of an elected director, he is not registered as a holder in his own right of unencumbered shares in the State Bank, either as sole holder or as first named holder when jointly held, of a nominal value of at least five thousand rupees.] (2) No two persons who are partners of the same firm or are directors of the same private company or one of whom is an agent of the other or holds a power of attorney from a firm of which the other is a partner may be directors of the Central Board or members of the same Local Board or Local Committee at the same time. (3) The appointment, nomination or election as director or member of a Local Board or of a Local Committee of any person who is a member of Parliament or the Legislature, of any State shall be void unless within two months of the date of his appointment, nomination or election he ceases to be a member of Parliament or the State Legislature, and if any director or member of a Local Board or of a Local Committee is elected or nominated as a member of Parliament or any State Legislature, he shall cease to be a director or member of the Local Board or of Local Committee as from the date of such election or nomination, as the case may be. 4[(4) In this section,— (a) “banking company” has the same meaning as in the [5] [Banking Regulation Act, 1949 (10 of 1949)]; (b) “manager” means the chief executive officer, by whatever name called, of a Banking company; (c) “private company” has the same meaning as in the Companies Act, 1956 (1 of 1956)]. **23 .Vacation of office of directors, etc.—If a director of the Central Board or a member of a Local** Board or a Local Committee— (a) becomes subject to any of the disqualifications mentioned in section 22; or (b) resigns his office by giving notice in writing under his hand, in the case of the [6][chairman [7]*** and amanaging director] to the Central Government and in the case of other directors or members of Local Boards or Committees, to the Central Board, and the resignation is accepted; or (c) is absent without leave of the Central Board, the Local Board or the Local Committee of which he is a director or member, as the case may be, for more than three consecutive meetings thereof; his seat shall thereupon become vacant. 1. Ins. by Act 48 of 1973, s. 7 (w.e.f. 26-6-1974). 2. The words, brackets and figure “of sub-section (1)” omitted by Act 3 of 1994, s. 13 (w.e.f. 15-10-1993). 3. Subs. by Act 27 of 2010, s. 16, for clause (h) (w.e.f. 15-9-2010). 4. Ins. by Act 26 of 1959, s. 2 (w.e.f. 28-8-1959). 5. Subs. by Act 3 of 1994, s. 13, for “Banking Companies Act, 1949” (w.e.f. 15-10-1993). 6. Subs. by Act 73 of 1976, s. 4, for “the chairman and vice-chairman” (w.e.f. 11-6-1976). 7. The word “, vice-chairman” omitted by Act 27 of 2010, s. 17 (w.e.f. 15-9-2010). 15 ----- 1[Provided that nothing in clause (c) shall apply to the chairman in relation to his membership of a Local Board or of a Local Committee.] **24. Removal from office of directors, etc.—(1) The Central Government may, after consulting the** Reserve Bank, remove from office [2][the chairman [3]*** or a managing director.] 4* - - - (3) The Central Government, [5]*** may remove from office any director[6][appointed under clause (ca) or clause (cb) or nominated under clause(d) [7][of section 19] [8][or any member of a Local Board nominated under clause (c) of sub-section (1) of section 21] and [9][appoint or nominate, as the case may be], in his stead another person to fill the vacancy. (4) The shareholders, other than the [10][Central Government], may, by a resolution passed by majority, of the votes of such shareholders holding in the aggregate not less than one-half of the share capital held by all such shareholders, remove any director elected under clause (c) [11]***of section 19 and elect in his stead another person to fill the vacancy. 12* - - - (6) No person shall be removed from his office under sub-section (1) [13]*** or sub-section (3) unless he has been given an opportunity of showing cause against his removal. **14[24A. Supersession of Central Board in certain cases.—(1) Where the Central Government, on** the recommendation of the Reserve Bank is satisfied that in the public interest or for preventing the affairs of the State Bank being conducted in a manner detrimental to the interest of the depositors or the State Bank or for securing the proper management of the State Bank, it is necessary so to do, the Central Government may, for reasons to be recorded in writing, by order, supersede the Central Board for a period not exceeding six months as may be specified in the order: Provided that the period of supersession of the Central Board may be extended from time to time, so, however, that the total period shall not exceed twelve months. (2) On supersession of the Central Board under sub-section (1), the Central Government may, in consultation with the Reserve Bank, appoint an Administrator (not being an officer of the Central Government or a State Government) who has experience in law, finance, banking, economics or accountancy, for such period as it may determine. (3) The Central Government may issue such directions to the Administrator as it may consider necessary and the Administrator shall be bound to follow such directions. (4) Notwithstanding anything contained in this Act, upon making the order of supersession of the Central Board— (a) the chairman, managing director and other directors shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this Act or any other law for the time being in force, be exercised and discharged by or on behalf of the Central Board, or by a resolution passed in the general meeting of the State Bank, shall, until the Central 1. The proviso added by Act 21 of 1957, s. 3 (w.e.f. 11-6-1976). 2. Subs. by Act 73 of 1976, s. 4, for “the chairman or the vice-chaiman” ( w.e.f. 11-6-1976). 3. The word “, vice-chairman” omitted by Act 27 of 2010, s. 18 (w.e.f. 15-9-2010). 4. Omitted by Act 73 of 1976, s. 4 (w.e.f. 11-6-1976). 5. The words “after consulting the Reserve Bank,” omitted by Act 27 of 2010, s. 18 (w.e.f. 15-9-2010). 6. Subs. by Act 48 of 1973, s. 8, for “nominated under clause (d)” (w.e.f. 1-7-1974). 7. Subs. by Act 3 of 1994, s. 14, for “sub-section (1) of section 19” (w.e.f. 15-10-1993). 8. Ins. by Act 35 of 1964, s. 8 (w.e.f. 1-12-1964). 9. Subs. by Act 48 of 1973, s. 8 for “nominate” (w.e.f. 1-7-1974). 10. Subs. by Act 32 of 2007, s. 8, for “Reserve Bank” (w.e.f. 29-6-2007). 11. Certain words omitted by Act 3 of 1994, s. 14 (w.e.f. 15-10-1993). 12. Omitted by s. 14, ibid. (w.e.f. 15-10-1993). 13. The words, bracket and figure “or sub-section (2)” omitted by Act 73 of 1976, s. 4 (w.e.f. 11-6-1976). 14. Ins. by Act 27 of 2010, s. 19 (w.e.f. 15-9-2010). 16 ----- Board is reconstituted, be exercised and discharged by the Administrator appointed under subsection (2): Provided that the powers exercised by the Administrator shall be valid notwithstanding that such power is also exercisable by a resolution passed in the general meeting of the State Bank. (5) The Central Government may, in consultation with the Reserve Bank, constitute a committee of three or more persons who have experience in law, finance, banking, economics or accountancy to assist the Administrator in the discharge of his duties. (6) The committee shall meet at such times and places and observe such rules of procedure as may be specified by the rules made under this Act. (7) The salary and allowances of the Administrator and the members of the committee shall be such as may be specified by the rules made under this Act and be payable by the State Bank. (8) On and before the expiration of two months before the expiry of the period of supersession of the Central Board, the Administrator of the State Bank shall call the general meeting of the State Bank to elect new directors and re-constitute the said Board. (9) Notwithstanding anything contained in any other law for the time being in force or in any contract, no person shall be entitled to claim any compensation for the loss or termination of his office on supersession of the Central Board. (10) The Administrator appointed under sub-section (2) shall vacate office immediately after the re constitution of the Central Board.] **25.** **Casual vacancies.—[1][(1) If the chairman,** [2]*** or a managing director is rendered incapable of discharging his duties by reason of infirmity or otherwise or is absent on leave or otherwise in circumstances not involving the vacation of his office, the Central Government may, in consultation with the Reserve Bank, appoint another person to officiate in the vacancy.] 3[(2) Where any vacancy occurs before the expiry of the term of office of a director, other than the Chairman, [2]*** or a managing director or [4][a director appointed under clause (ca) or [5][clause (cb) of section 19 or of a member of a Local Board other than the Chief General Manager] the vacancy shall be filled— (a) in the case of an elected director, by election; and (b) in the case of a director nominated under clause (d) of section 19 or a member of a Local Board nominated under clause (c) of sub-section (1) of section 21, by nomination [6]***: Provided that where the duration of the vacancy in the office of an elected director is likely to be less than six months, the vacancy may be filled by the remaining directors] by co-opting a person not disqualified under section 22.] (3) A person elected or nominated or co-opted, as the case may be, [7][under sub-section (2)] shall hold office for the unexpired portion of the term of his predecessor. 8[(4) Where any vacancy occurs before the expiry of the term of office of a director appointed under clause (ca) or clause (cb) [9]*** of section 19, such vacancy shall be filled in accordance with the said clause (ca) or as the case may be, clause (cb), and the director so appointed shall hold office for the period specified under sub-section (3A) of section 20.] 1. Subs. by Act 73 of 1976, s. 4, for sub-section (1) w.e.f. 11-6-1976). 2. The word “, vice-chairman” omitted by Act 27 of 2010, s. 20 (w.e.f. 15-9-2010). 3. Subs. by Act 35 of 1964, s. 9, for sub-section (2) (w.e.f. 1-12-1964). 4. Subs. by Act 48 of 1973, s. 9, for certain words (w.e.f. 1-7-1974). 5. Subs. by Act 3 of 1994, s. 15, for certain words, brackets, letters and figure (w.e.f. 15-10-1993). 6. The words “in consultation with the Reserve Bank” omitted by Act 27 of 2010, s. 20 (w.e.f. 15-9-2010). 7. Subs. by Act 48 of 1973, s. 9, for “under this section” (w.e.f. 1-7-1974). 8. Ins. by s. 9, ibid. (w.e.f. 1-7-1974). 9. The words, brackets and figure “by sub-section (1)” omitted by Act 3 of 1994, s. 15 (w.e.f. 15-10-1993). 17 ----- **26.** **Remuneration of directors.—(1) Without prejudice to the provisions contained in sections 27,** 28 and 29, the directors shall be paid such fees and allowances for attending the meetings of the Central Board or of any of its Committees and for attending to any other work of the State Bank as may be prescribed. (2) Notwithstanding anything contained in sub-section (1), no fees shall be payable to a managing director or any other director who is an officer of the Central Government or the Reserve Bank. **27.** **Powers and remuneration of chairman.—(1) The Chairman shall preside at all meetings of the** Central Board and subject to such general or special directions as the Central Board may give, exercise all such powers and do all such acts and things as may be exercised or done by the State Bank. (2) The chairman shall receive such salary, fees, allowances and perquisites[1][as may be determined by the Central Government]. 2* - - - **28.** [Powers and remuneration of vice-chairman.] Omitted by the State Bank of India (Amendment) _Act, 2010 (27 of 2010), s. 21 (w.e.f. 15-9-2010)._ **29.** **Powers and remuneration of managing director.—(1) A managing director—** (a) shall be a whole-time officer of the State Bank; [3]*** (b) subject to the general control of the chairman [4]***, shall exercise such powers and perform such duties as may be entrusted or delegated to him by the Central Board [5][; and] 5[(c) when authorised by the chairman, shall preside at the meetings of the Central Board in his absence.] (2) A managing director shall receive such salary and allowances[6][as may be determined by the Central Government]. 7* - - - **30.** **Executive and other committees of the Central Board.—The Central Board may constitute** such and so many committees, including an executive committee, of itself as it deems fit to exercise such powers and perform such duties as may, subject to such conditions, if any, as the Central Board may impose, be delegated to them by the Central Board. **31.** **Meetings of the Central Board.—[8][(1) The Central Board shall meet at such time and place and** shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed; and the meeting of the Central Board may be held by participation of the directors of the Central Board through videoconferencing or such other electronic means, as may be prescribed, which are capable of recording and recognising the participation of the directors and the proceedings of such meetings are capable of being recorded and stored: Provided that the Central Government may in consultation with the Reserve Bank, by notification in the Official Gazette, specify the matters which shall not be discussed in a meeting of the Central Board held through videoconferencing or such other electronic means. (2) All questions at the meeting shall be decided by a majority of the votes of the directors present in the meeting or through videoconferencing or such other electronic means and in the case of equality of votes the chairman or, in his absence, the managing director authorised by the chairman shall have a second or casting vote.] 1. Subs. by Act 73 of 1976, s. 4, for certain words (w.e.f. 11-6-1976). 2. The proviso omitted by s. 4, ibid. (w.e.f. 11-6-1976). 3. The word “and” omitted by Act 27 of 2010, s. 22 (w.e.f. 15-9-2010). 4. The words “and the vice-chairman” omitted by s. 22, ibid. (w.e.f. 15-9-2010). 5. Ins. by s. 22, ibid. (w.e.f. 15-9-2010). 6. Subs. by Act 73 of 1976, s. 4, for certain words (w.e.f. 11-6-1976). 7. The proviso omitted by s. 4, ibid. (w.e.f. 11-6-1976). 8. Subs. by Act 27 of 2010, s. 23, for sub-section (1) and (2) (w.e.f. 15-9-2010). 18 ----- (3) A director who is directly or indirectly concerned or interested in any contract, loan, arrangement or proposal entered into or proposed to be entered into by or on behalf of the State Bank shall at the earliest possible opportunity disclose the nature of his interest to the Central Board and shall not be present at any meeting of the Central Board when any such contract, loan, arrangement or proposal is discussed unless his presence is required by the other directors for the purpose of eliciting information, and no director so required to be present shall vote on any such contract, loan, arrangement or proposal. 1[Provided that nothing contained in this sub-section shall apply to such director by reason only of his being— (i) a shareholder (other than a director) holding not more than two per cent. of the paid-up capital in any public company as defined in the Companies Act, 1956 (1 of 1956) or any corporation established by or under any law for the time being in force in India or any co-operative society with which or to which the State Bank has entered into or made, or proposes to enter into or make, a contract, loan, arrangement or proposal; or (ii) a director ex officio of the State Bank [2]***,[3][or]] 4 [(iii) an officer or other employee of the State Bank, if he is a director appointed under clause(ca) or clause (cb) [5]*** of section 19.] (4) If for any reason neither the chairman nor the vice-chairman is able to be present at a meeting of the Central Board, any director, [6]***authorised by the chairman in writing in this behalf, and in the absence of such authorisation,[7][any director] elected by the directors present from amongst themselves, shall preside at the meeting and, in the event of equality of votes, shall have a second or casting vote. **8[31A. Meetings of Local Boards.—(1) A Local Board shall meet at such time and place and shall** observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. (2) All questions at the meeting shall be decided by a majority of the votes of the members present and in the case of equality of votes, the person presiding at the meeting shall have a second or casting vote. (3) A member who is directly or indirectly concerned or interested in any contract, loan, arrangement or proposal entered into or proposed to be entered into by or on behalf of the State Bank, shall, at the earliest possible opportunity, disclose the nature of his interest to the Local Board and shall not be present at any meeting of the Local Board when any such contract, loan, arrangement or proposal is discussed unless his presence is required by the other members for the purpose of eliciting information, and no member so required to be present shall vote on any such contract, loan, arrangement or proposal: Provided that nothing contained in this sub-section shall apply to such member by reason only of his being— (i) a shareholder (other than a director) holding not more than two per cent. of the paid-up capital in any public company as defined in the Companies Act, 1956 (1 of 1956), or any corporation established by or under any law for the time being in force in India or any co-operative society, with which or to which the State Bank has entered into or made or proposes to enter into or make, a contract, loan, arrangement or proposal; or (ii) a director ex officio of the State Bank [9]***. 1. Ins. by Act 56 of 1962, s. 2 (w.e.f. 1-1-1963). 2. The words “or a director of a subsidiary bank” omitted by Act 19 of 2018, s. 5 (w.e.f. 1-4-2017). 3. Added by Act 48 of 1973, s. 10 (w.e.f. 1-7-1974). 4. Ins. by s. 10, ibid. (w.e.f. 26-6-1976). 5. The words, brackets and figure “of sub-section (1)” omitted by Act 3 of 1994, s. 16 (w.e.f. 15-10-1993). 6. The words “, other than a managing director” omitted by Act 48 of 1973, s. 10 (w.e.f. 1-7-1974). 7. Subs. by s. 10, ibid., for “any such director” (w.e.f. 1-7-1974). 8. Ins. by Act 35 of 1964, s. 10 (w.e.f. 1-2-1964). 9. The words “or a director of a subsidiary bank” omitted by Act 19 of 2018, s. 6 (w.e.f. 1-4-2017). 19 ----- (4) If for any reason neither the president nor the vice-president is able to be present at a meeting of the Local Board, any member,[1][other than the Chief General Manager] elected by the members present from amongst themselves, shall preside at the meeting. (5) Notwithstanding anything contained in this section, the chairman shall preside at any meeting of a Local Board at which he is present and in the absence of the chairman, [2][the managing director authorised by the chairman], shall, whenever he is present, preside at such meetings.] CHAPTER VI BUSINESS OF THE STATE BANK **32.** **State Bank to act as agent of the Reserve Bank.—(1) The State Bank shall, if so required, by** the Reserve Bank, act as agent of the Reserve Bank at all places in India where it has a branch [3]*** and where there is no branch of the banking department of the Reserve Bank, for— (a) paying, receiving, collecting and remitting money, bullion and securities on behalf of any Government in India; and (b) undertaking and transacting any other business which the Reserve Bank may from time to time entrust to it. (2) The terms and conditions on which any such agency business shall be carried on by the State Bank on behalf of the Reserve Bank shall be such as may be agreed upon. (3) If no agreement can be reached on any matter referred to in sub-section (2) or if a dispute arises between the State Bank and the Reserve Bank as to the interpretation of any agreement between them, the matter shall be referred to the Central Government and the decision of the Central Government thereon shall be final. (4) The State Bank may transact any business or perform any functions entrusted to it under sub section (1) [4][by itself [5]***] or through an agent approved by the Reserve Bank. 6 [33. Other business which the State Bank may transact.—Subject to the other provisions contained in this Act, the State Bank may carry on and transact the business of banking as defined in clause (b) of section 5 of the Banking Regulation Act, 1949 (10 of 1949), and may engage in one or more of the other forms of business specified in sub-section (1) of section 6 of that Act.] **34.** **Business which the State Bank may not transact.—[7]***.** (6) Save as otherwise provided in[8][this Act] the State Bank shall not own or, acquire any [9]*** immovable property except for the purpose of providing buildings or other accomodation in which to carry on the business of the State Bank or for providing residences for its officers and other employees: Provided that if any such building or other accommodation is not immediately required for any of the purposes of the State Bank, the State Bank may utilise it to the best advantage by letting it out or in any other manner. **35.** **State Bank may acquire the business of other Banks.—(1) The State Bank may, with the** sanction of the Central Government, and shall, if so directed by the Central Government in consultation with the Reserve Bank, enter into negotiations for acquiring the business, including the assets and liabilities, of any banking institution. 1. Subs. by Act 48 of 1973, s. 11, for certain words (w.e.f. 1-7-1974). 2. Subs. by Act 27 of 2010, s. 24, for “the vice-chairman, if he is a member of the Local Board” (w.e.f. 15-9-2010). 3. The words “or where there is a branch of a subsidiary bank” omitted by Act 19 of 2018, s. 7 (w.e.f. 1-4-2017). 4. Subs. by Act 38 of 1954, s. 64 and the Third Schedule, for “either by itself” (w.e.f. 10-9-1959). 5. The words “or through a subsidiary bank” omitted by Act 19 of 2018, s. 7 (w.e.f. 1-4-2017). 6. Subs. by Act 48 of 1973, s. 12, for section 33 (w.e.f. 1-3-1977). 7. Sub-sections (1), (2), (3) or (5) omitted by s. 13, ibid. (w.e.f. 1-3-1977).Earlier sub-section (3) was substituted for sub-sections (3) or (4) by Act 29 of 1959, s. 5 (w.e.f. 1-3-1977). 8. Subs. by Act 56 of 1962, s.2, for “section 33” (w.e.f. 1-1-1963). 9. The words “interest in” omitted by s. 2, ibid. (w.e.f. 1-1-1963). 20 ----- 1[(2) The terms and conditions relating to such acquisition, if agreed upon by the Central Board of the State Bank and the directorate or management of the banking institution concerned and approved by the Reserve Bank, shall be submitted to the Central Government for its sanction and that Government may by order in writing (hereafter in this section referred to as the order of sanction) accord its sanction thereto. (3) Notwithstanding anything contained in this Act or any other law for the time being in force or any instrument regulating the constitution of the banking institution concerned, the terms and conditions as sanctioned by the Central Government shall come into effect on the date specified by the Central Government in this behalf in the order of sanction and be binding upon the State Bank and the banking institution concerned as well as upon the shareholders (or, as the case may be, proprietors) and creditors of that banking institution. (4) If for any reason the terms and conditions cannot come into effect on the date specified in the order of sanction, the Central Government may fix another suitable date for that purpose. (5) On the date on which the terms and conditions as aforesaid come into effect the business and the assets and liabilities of the banking institution concerned as covered by the acquisition shall, by virtue, and in accordance with the provisions, of the order of sanction stand transferred to, and become respectively the business and the assets and liabilities of, the State Bank. (6) The consideration for the acquisition of the business and the assets and liabilities of any banking institution under this section may, if so agreed upon, be paid either in cash or by allotment of shares in the capital of the State Bank or partly in cash and partly by allotment of shares, and the State Bank may, for the purpose of any such allotment, increase, subject to the other provisions contained in this Act relating to the increase of capital, the capital of the State Bank by the issue of such number of shares as may be determined by the State Bank. (7) Any business acquired under this section shall thereafter be carried on by the State Bank in accordance with the provisions of this Act, subject to such exemptions or modifications as the Central Government may, by notification in the Official Gazette, make in this behalf in consultation with the Reserve Bank: Provided that no such exemption or modification shall be made so as to have effect for a period of more than seven years from the date of acquisition. (8) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law or in any agreement for the time being in force, on the acquisition of the business and the assets and liabilities of any banking institution under this section, no officer or other employee of that banking institution shall be entitled to any compensation to which he may be entitled under that Act or that other law or that agreement and no claim in respect of such compensation shall be entertained by any Court, Tribunal or other authority, if on his having accepted in writing an offer of employment by the State Bank on the terms and conditions proposed by it he has been employed in accordance with such terms and conditions. (9) The Central Government may, if it considers necessary or expedient in the case of any banking institution in relation to which an order of sanction has been made under this section, appoint whether before or after the coming into effect of the terms and conditions relating to the acquisition of the business and the assets and liabilities of that banking institution, a suitable person to take over the management of that banking institution for the purposes of winding up its affairs and distributing its assets, and the expenditure incurred in connection with such management (including the remuneration for the person so appointed and his staff, if any) shall be paid out of the assets of the banking institution or by the State Bank as the Central Government may direct. (10) Simultaneously with the appointment of a suitable person to take over the management of any banking institution under sub-section (9) or immediately thereafter, the Central Government shall issue directions to be followed by that person in the management of that banking institution for the purposes aforesaid and thereupon— 1. Subs. by Act 26 of 1959, s. 6, for sub-sections (2), (3) and (4) (w.e.f. 28-8-1959). 21 ----- (a) the provisions of the Companies Act, 1956 (1 of 1956), or the [1][Banking Regulation Act, 1949 (10 of 1949),] or any other law for the time being in force or any instrument having effect by virtue of any such Act or law, in so far as they are inconsistent with such directions, shall cease to apply to or in relation to that banking institution; (b) all persons in charge of the management, including any person holding office as manager or director of the banking institution immediately before the issue of such directions, shall be deemed to have vacated their offices as such; and (c) the persons appointed to take over the management of the banking institution shall in accordance with those directions take all such steps as may be necessary to facilitate the winding up of its affairs and distribution of its assets. (11) The Central Government, when satisfied that nothing further remains to be done in order to wind up the affairs of any such banking institution, may by another order in writing direct that as from such date as may be specified therein the banking institution shall stand dissolved and thereupon any such direction shall have effect notwithstanding anything to the contrary contained in any other law. (12) No action under this section shall be questioned on the ground merely of any defect in the constitution of any banking institution in relation to which such action has been taken or in the constitution of its Board of Directors or in the appointment of any person entrusted with the management of its affairs. (13) In this section “banking institution” includes any individual or any association of individuals (whether incorporated or not, or whether a department of Government or a separate institution), carrying on the business of banking.] **2[35A. Arrangement with the State Bank on appointment of directors to prevail.—(1) Where any** arrangement entered into by the State Bank with a company provides for the appointment by the State Bank of one or more directors of such company, such provisions and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956), or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the company, and any provision regarding share qualification, age limit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the State Bank in pursuance of the arrangement as aforesaid. (2) Any director appointed as aforesaid shall— (a) hold office during the pleasure of the State Bank and may be removed or substituted by any person by order in writing of the State Bank; (b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto; (c) not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement.] CHAPTER VII FUNDS, ACCOUNTS AND AUDIT **36. Integration and Development Fund.—(1) The State Bank shall maintain a special fund to be** known as the Integration and Development Fund into which shall be paid— 1. Subs. by Act 3 of 1994, s. 17, for “Banking Companies Act, 1949” (w.e.f. 15-10-1993). 2. Ins. by Act 1 of 1984, s. 43 (w.e.f. 15-2-1984). 22 ----- (a) the dividends payable to the [1][Central Government] on such shares of the State Bank held by it as do not exceed fifty-five per cent. of the total issued capital; and (b) such contributions as the [2]*** the Central Government may make from time to time. 3[Provided that if the balance in the Integration and Development Fund on the date of declaration of any dividends by the State Bank is rupees five crores or more, no amount shall be paid into that Fund under clause (a) and the dividends payable to the [1][Central Government] shall be [4] [paid to that Government], and if such balance on such date is less than rupees five crores, only so much of dividends then payable as will bring such balance to rupees five crores shall be paid into that Fund and the balance [of such dividends shall be paid to the [1][Central Government].]](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=31372&iActID=936&f6) (2) The amount in the said Fund shall be applied exclusively for meeting— (a) losses in excess of such yearly sum as may be agreed upon between the [[1][Central](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=31372&iActID=936&f6) Government] and the State Bank and attributable to the branches established in pursuance of subsection (5) of section 16; [5]*** 6* - - - - (b) such other losses or expenditure as may be approved by the Central Government in consultation with the Reserve Bank. (3) Subject to the provisions of sub-section (2), the said Fund shall be the property, of the [[1][Central](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=31372&iActID=936&f6) Government] and no shareholder of the State Bank or any other person shall have any claim to the amount held in the said Fund. 7[(4) No amount applied for any of the purposes specified in sub-section (2) shall, for the purposes of the [8][Income-tax Act, 1961 (43 of 1961)], be treated as income, profits or gains of the State Bank.] **37.** **Reserve Fund.—The State Bank shall establish a Reserve Fund which shall consist of—** (a) the amount held in the Reserve Fund of the Imperial Bank transferred to the State Bank on the appointed day; and (b) such further sums as may be transferred to it by the State Bank out of its annual net profits before declaring a dividend. **38.** **Disposal of profits.—(1) After making provision for bad and doubtful debts, depreciation in** assets, equalisation of dividends, contribution to staff and superannuation funds and for all other matters for which provisions is necessary by or under this Act or which are usually provided for by banking companies, the State Bank may, out of its net profits, declare a dividend. (2) Subject to the provisions of paragraph 6 of the First Schedule, the rate of dividend shall be determined by the Central Board. **9[38A. Transfer of unpaid or unclaimed dividend.—(1) Where, after the commencement of the** State Bank of India (Amendment) Act, 2010 (27 of 2010), a dividend has been declared by the State Bank but which has not been paid to a shareholder or claimed by any shareholder entitled to it, within thirty days from the date of declaration, the State Bank shall, within seven days from the date of expiry of the said period of thirty days, transfer the total amount of dividend which remains unpaid, or unclaimed, to a special account to be named, the “unpaid dividend account” maintained by it. 1. Subs. by Act 32 of 2007, s. 9, for “Reserve Bank” (w.e.f. 29-6-2007). 2. The words “the Reserve Bank or” omitted by s. 9, ibid. (w.e.f. 29-6-2007). 3. The proviso added by Act 35 of 1964, s. 12 (w.e.f. 1-12-1964). 4. Subs. by Act 32 of 2007, s. 9, for “paid to that Bank” (w.e.f. 29-6-2007). 5. The word “and” omitted by Act 38 of 1959, s. 64 and the Third Schedule (w.e.f. 10-9-1959). 6. Clause (aa) omitted by Act 19 of 2018, s. 8 (w.e.f. 1-4-2017). 7. Ins. by Act 26 of 1959, s. 7 (w.e.f. 28-8-1959). 8. Subs. by Act 3 of 1994, s. 18, for “Indian Income-tax Act, 1922 (11 of 1922)” (w.e.f. 15-10-1993). 9. Ins. by Act 27 of 2010, s. 25 (w.e.f. 15-9-2010). 23 ----- _Explanation.—In this sub-section, the expression “dividend which remains unpaid” means any_ dividend the warrant in respect thereof has not been encashed or which has otherwise not been paid or claimed. (2) Where the whole or any part of any dividend, declared by the State Bank before the commencement of the State Bank of India (Amendment) Act, 2010 (27 of 2010), remains unpaid at such commencement, the State Bank shall, within a period of six months from such commencement, transfer such unpaid amount to the account referred to in sub-section (1). (3) Any money transferred to the unpaid dividend account of the State Bank, in pursuance of this section which remains unpaid or unclaimed for a period of seven years from the date of such transfer shall be transferred by the State Bank to the Investor Education and Protection Fund established under subsection (1) of section 205C of the Companies Act, 1956 (1 of 1956) for being utilised for the purpose and in the manner specified in that section.] **39.** **Books to be balanced each year.—The Central Board shall cause the books of the State Bank to** be closed, and balanced [1][as] on the 31st day of [2][March] [3][or such other date in each year as the Central Government may, by notification in the Official Gazette, specify:] 4 [Provided that with a view to facilitating the transition from one period of accounting to another period of accounting under this section, the Central Government may, by order published in the Official Gazette, make such provisions as it considers necessary or expedient for the closing and balancing of, or for other matters relating to, the books in respect of the concerned years.] **40.** **Returns.—(1) The State Bank shall furnish to the Central Government and to the Reserve Bank** 5[within three months from the 31st day of 6[March] 7[or the date specified under section 39, as the case may be] as on which its books are closed and balanced]; its balance sheet, together with the profit and loss account and the[8][auditor’s report and a report by the Central Board on the working and activities of the State Bank] during the period covered by the accounts: 9[Provided that the Central Government may, after consultation with the Reserve Bank, extend the said period of three months by such further period, not exceeding three months, as it may think fit.] 10[(2) The balance sheet and the profit and loss account shall be signed by the chairman, managing directors and at least three other directors of the Central Board.] (3) The State Bank shall also, within two months from the date on which its accounts are closed and balanced, transmit to the Central Government and the Reserve Bank a statement showing, as far as may be available, the name, address and occupation of, and the number of shares held by, each shareholder of the State Bank as on the said date. 11[(4) The Central Government shall cause the auditors’ report and the report by the Central Board on the working and activities of the State Bank to be laid, as soon as may be after they are received, before each House of Parliament [12]***. 1. Ins. by Act 48 of 1973, s. 14 (w.e.f. 31-12-1973). 2. Subs. by Act 27 of 2010, s. 26, for “December” (w.e.f. 15-9-2010). 3. Subs. by Act 66 of 1988, s. 14, for “in each year” (w.e.f. 30-12-1988). 4. The proviso ins. by s. 14, ibid. (w.e.f. 30-12-1988). 5. Subs. by Act 48 of 1973, s. 15, for certain words (w.e.f. 31-12-1973). 6. Subs. by Act 27 of 2010, s. 27, for “December” (w.e.f. 15-9-2010). 7. Ins. by Act 66 of 1988, s. 15 (w.e.f. 30-12-1988). 8. Subs. by Act 1 of 1984, s. 44, for certain words (w.e.f. 15-2-1984). 9. The proviso added by Act 48 of 1973, s. 15 (w.e.f. 31-12-1973). 10. Subs. by Act 27 of 2010, s. 27, for sub-section (2) (w.e.f. 15-9-2010). 11. Ins. by Act 1 of 1984, s. 44 (w.e.f. 15-2-1984). 12. Certain words omitted by Act 81 of 1985, s. 3 (w.e.f. 1-5-1986). 24 ----- **41. Audit.—(1) The affairs of the State Bank shall be** [1][audited by two or more auditors] duly qualified to act as auditors of companies under [2][section 226 of the Companies Act, 1956 (1 of 1956)], who shall be appointed by [3][the State Bank with the previous approval of the Reserve Bank]. (2) The auditors shall receive such remuneration as the Reserve Bank may fix in consultation with the Central Government. (3) An auditor may be a shareholder but not director or member of a Local Board or of a Local Committee or an officer of the State Bank shall be eligible to be an auditor during his continuance in office as such director, member or officer. (4) An auditor shall on relinquishing office, be eligible for reappointment. (5) The auditors shall severally be, and continue to act as, auditors until the [4][annual] general meeting after their respective appointment, and if any vacancy arises before the expiry of the term of office of an auditor, the vacancy may be filled by [3][the State Bank with the previous approval of the Reserve Bank]. (6) Every auditor shall be supplied with a copy of the annual balance sheet and profit and loss account, and a list of all books kept by the State Bank, and it shall be the duty of the auditor to examine the balance sheet and profit and loss account with the accounts and vouchers relating thereto, and in the performance of his duties, the auditor— (a) shall have, at all reasonable times, access to the books, accounts and other documents of the State Bank; (b) may, at the expense of the State Bank, or if he is appointed by the Central Government, at the expense of the Central Government, employ accountants or other persons to assist him in investigating such accounts; and (c) may, in relation to such accounts, examine any director or any member of a Local Board or of a Local Committee or any officer of the State Bank. (7) The auditors shall make a report to the Central Government upon the annual balance sheet and accounts, and in every such report they shall state— (a) whether, in their opinion, the balance sheet is a full and fair balance sheet containing all the necessary particulars and properly drawn up so as to exhibit [5][a true and fair view] of the affairs of the State Bank, and in case they have called for any explanation or information, whether it has been given and whether it is satisfactory; (b) whether or not the transactions of the State Bank which have come to their notice have been within the powers of the State Bank; (c) whether or not the returns received from the offices and branches of the State Bank have been found adequate for the purpose of their audit; (d) whether the profit and loss account shows a true balance of [6][profit or loss] for the period covered by such account; and (e) any other matter which they consider should be brought to the notice of the shareholders or the Central Government, as the case may be. 7[Explanation 1.—For the purposes of this Act,— (a) the balance sheet shall not be treated as not disclosing a true and fair view of the affairs of the State Bank, and 1. Subs. by Act 48 of 1973, s. 16, for “audited by two auditors” (w.e.f. 31-12-1973). 2. Subs. by Act 26 of 1959, s. 8, for “sub-section (1) of section 144 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 28-8-1959). 3. Subs. by Act 27 of 2010, s. 28, for “the Reserve Bank in consultation with the Central Government” (w.e.f. 15-9-2010). 4. Subs. by Act 26 of 1959, s. 8, for “first” (w.e.f. 28-8-1959). 5. Subs. by Act 35 of 1964, s. 13, for “a true and correct view” (w.e.f. 1-12-1964). 6. Subs. by Act 26 of 1959, s. 8, for “profit and loss” (w.e.f. 28-8-1959). 7. Ins. by Act 48 of 1973, s. 16 (w.e.f. 31-12-1973). 25 ----- (b) the profit and loss account shall not be treated as not showing a true balance of profit or loss of the period covered by such account, merely, by reason of the fact that the balance sheet or, as the case may be, the profit and loss account, does not disclose any matters which are, by the provisions of the Banking Regulation Act, 1949 (10 of 1949) read with the relevant provisions of this Act, not required to be disclosed. _Explanation 2.—For the purposes of this Act, the accounts of the State Bank shall not be deemed_ as having not been properly drawn up on the ground merely that they do not disclose certain matters if— (i) those matters are such as the State Bank is, by virtue of any provision contained in the Banking Regulation Act, 1949 (10 of 1949), read with the relevant provisions of this Act, or any other Act, not required to disclose; and (ii) the provisions referred to in clause (i) are specified in the balance sheet and profit and loss account of the State Bank or in the auditors’ report]. (8) The auditors shall also forward a copy of the audit report to the State Bank. (9) Without prejudice to anything contained in the foregoing provisions, the Central Government may appoint at any time such auditors as it thinks fit to examine and report on the accounts of the State Bank. 1[42. Balance sheet, etc., of State Bank may be discussed at general meeting.—(1) An annual general meeting shall be held in each financial year at the Corporate Centre or at such other place in Mumbai other than the Corporate Centre or at such other place in India and at such time, as shall from time to time be specified by the Central Board and a general meeting other than an annual general meeting may be convened by the State Bank at any other time and at such place in India as shall from time to time be specified by the Central Board: Provided that such annual general meeting shall be held before the expiry of six weeks from the date on which the balance sheet together with the profit and loss account and auditors' report, under subsection (1) of section 40, is forwarded to the Central Government or to the Reserve Bank, whichever date is earlier. (2) The shareholders present at an annual general meeting shall be entitled to discuss and adopt the balance sheet and the profit and loss account of the State Bank made up to the previous 31st day of March or the date specified under section 39, as the case may be, the report of the Central Board on the working and activities of the State Bank for the period covered by the accounts and the auditors' report on the balance sheet and accounts.] CHAPTER VIII MISCELLANEOUS **43. State Bank may appoint officers and other employees.—[2][(1)] The State Bank may appoint** such number of officers, advisers and employees as it considers necessary or desirable for the efficient performance of its functions, and determine the terms and conditions of their appointment and service. 3[(2) The officers, advisers and employees of the State Bank shall individually or jointly or with other officers, advisers and employees in a Local Committee exercise such powers and perform such duties as may by general or special order, be entrusted or delegated to them by the Central Board or its executive committee.] 4 [43A. Bonus.—(1) No officer, adviser or other employee [other than an employee within the meaning of clause (13) of section 2 of the Payment of Bonus Act, 1965 (21 of 1965)] of the State Bank shall be entitled to be paid any bonus. 1. Subs. by Act 27 of 2010, s. 29, for section 42 (w.e.f. 15-9-2010). 2. Section 43 renumbered as sub-section (1) thereof by Act 35 of 1964, s. 14 (w.e.f. 1-12-1964). 3. Subs. by Act 27 of 2010, s. 30, for sub-section (2) (w.e.f. 15-9-2010). 4. Ins. by Act 64 of 1984, s. 2 (w.e.f. 11-9-1984). 26 ----- (2) No employee of the State Bank, being an employee within the meaning of clause (13) of section 2 of the Payment of Bonus Act, 1965 (21 of 1965), shall be entitled to be paid any bonus except in accordance with the provisions of that Act. (3) The provisions of this section shall have effect notwithstanding any judgment, decree or order of any Court, tribunal or other authority and notwithstanding anything contained in any other provision of this Act or in the Industrial Disputes Act, 1947 (14 of 1947), or any other law for the time being in force or any practice, usage or custom or any contract, agreement, settlement, award or other instrument.] **44.** **Obligation as to fidelity and secrecy.—(1) The State Bank shall observe, except as otherwise** required by law, the practices and usages customary among bankers, and, in particular, it shall not divulge any information relating to or to the affairs of its constituents except in circumstances in which it is, in accordance with the law or practice and usage customary among bankers, necessary or appropriate for the State Bank to divulge such information. (2) Every director, member of a Local Board or of a Local Committee, auditor, adviser, officer or other employee of the State Bank shall, before entering upon his duties, make a declaration of fidelity and secrecy as in the form set out in the Second Schedule. 1[(3) Nothing contained in this section shall apply to the credit information disclosed under the Credit Information Companies (Regulation) Act, 2005 (30 of 2005).] **45.** **Bar to liquidation of State Bank.—No provision of law relating to the winding up of companies** shall apply to the State Bank, and the State Bank shall not be placed in liquidation save by order of the Central Government and in such manner as it may direct. **46.** **Indemnity of directors and members of Local Boards and Local Committees, etc.—(1)** Every director and every member of a Local Board or a Local Committee shall be indemnified by the State Bank against all losses and expenses incurred by him in or in relation to the discharge of his duties except such as are caused by his own wilful act or default. (2) Neither a director nor a member of a Local Board or a Local Committee shall be responsible for any loss or expense caused to the State Bank by the insufficiency or deficiency of the value of or title to any property or security acquired or taken on behalf of the State Bank or by the insolvency or wrongful act of any customer or debtor or by anything done in or in relation to the execution of the duties of his office or otherwise than for his wilful act or default. **47.** **Defects in appointment or constitution not to invalidate acts or proceedings.—(1) No act or** proceeding of the Central Board or of a Local Board or a Local Committee shall be questioned on the ground merely of the existence of any vacancy or defect in the constitution of the Board or Committee, as the case may be. (2) All acts done by any person acting in good faith as a director or as a member of a Local Board or of a Local Committee shall, notwithstanding that there was some defect in his appointment or qualifications, be as valid as if he was a director of the Central Board or a member of the Local Board or the Local Committee, as the case may be. **48.** **[Power to remove difficulties] Omitted by the State Bank of India (Amendment) Act, 1964** (35 of 1964), s.15 (w.e.f. 1-12-1964). **49.** **Power of Central Government to make rules.—(1) The Central Government, in consultation** with the Reserve Bank, may, by notification in the Official Gazette, [2][make rules to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act]. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the procedure for the payment of compensation under this Act; 1. Ins. by Act 30 of 2005, s. 34 and the Schedule (w.e.f. 14-12-2006). 2. Subs. by Act 48 of 1973, s. 18, for certain words (w.e.f. 31-12-1973). 27 ----- (b) the determination of persons to whom the said compensation shall be payable in all cases, including cases where shares in the Imperial Bank have been held by more than one person, or where they have been transferred before the appointed day but the transfer has not been registered or where the shareholder is dead; 1[(c) the manner of appointment of a director under clause (ca) or clause (cb) 2*** of section 19, and all other matters connected therewith or incidental thereto;] 3[(d) the time and place of meeting of the Committee and the rules of procedure to be observed by it under sub-section (6) of section 24A; (e) the salary and allowances of the Administrator and the members of the committee under sub section (7) of section 24A.] 4[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **50. Power of Central Board to make regulations.—(1) The Central Board may, after consultation** with the Reserve Bank and with the previous sanction of the Central Government [5][by notification in the Official Gazette] make regulations, not inconsistent with this Act and the rules made thereunder to provide for all matters for which provision is expedient for the purpose of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for— (a) the nature of shares of the State Bank, the manner in which and the conditions subject to which shares may be held and transferred and generally all matters relating to the rights and duties of shareholders; 6[(aa) the procedure for increasing issued capital by the issue of equity or preference shares under sub-section (2) and the manner of accepting money for issued capital, forfeiture and re-issue of shares under sub-section (5), of section 5; (ab) the manner of nominating an individual by one individual under sub-section (1), the manner of nominating an individual by the joint holders under sub-section (2), the manner of varying or cancellation of nomination under sub-section (3), and the manner of nominating a minor under subsection (4), of section 10A;] 7[(b) the maintenance of register of shareholders, and the particulars to be entered in such register in addition to those specified in section 13, the safeguards to be observed in the maintenance of register of shareholders on computer [8] [floppies or diskettes or any other electronic form], the inspection and closure of the register of shareholders and all other matters connected therewith;] (c) the holding and conduct of elections under this Act, including the allocation of elected directors to the various areas [9][falling within the jurisdiction of each local head office], and the final 1. Ins. by Act 48 of 1973, s. 18 (w.e.f. 31-12-1973). 2. The words, brackets and figure “of sub-section (1)” omitted by Act 3 of 1994, s. 19 (w.e.f. 15-10-1993). 3. Ins. by Act 27 of 2010, s. 31 (w.e.f. 15-9-2010). 4. Ins. by Act 1 of 1984, s. 47 (w.e.f. 15-2-1984). 5. Ins. by Act 66 of 1988, s. 17 (w.e.f. 30-12-1988). 6. Ins. by Act 27 of 2010, s. 32 (w.e.f. 15-9-2010). 7. Subs. by Act 3 of 1994, s. 20, for clause (b) (w.e.f. 15-10-1993). 8. Subs. by Act 27 of 2010, s. 32,for “floppies or diskettes” (w.e.f. 15-9-2010). 9. Subs. by Act 3 of 1994, s. 20, for certain words (w.e.f. 15-10-1993). 28 ----- determination of doubts or disputes regarding the qualifications of candidates for election or regarding the validity of elections; 1[(ca) the determination of areas falling within the jurisdiction of each local head office;] 2 [(d) the powers, functions and duties of Local Boards and the restrictions, conditions or limitations, if any, subject to which they may be exercised or performed, the formation and constitution of Local Committees (including the number of members of any such Committee) and of Committees of Local Boards, the powers, functions and duties of such Committees, the holding of meetings of Local Committees and Committees of Local Boards and the conduct of business thereat;] (e) the fees and allowances which may be paid to directors, or members of Local Boards or Local Committees for attending any meetings of the Central Board or of its committees or of the Local Boards or Local Committees, as the case may be, or for attending to any other work of the State Bank; (f) the manner in which the business of the Central Board [3] [or of Local Boards] shall be transacted and the procedure to be followed at the meetings thereof; (g) the formation of committees of the Central Board and the delegation of powers and functions of the Central Board to such committees and the conduct of business in such committees; 4* - - - (i) the manner in which general meetings shall be convened, the procedure to be followed thereat and the manner in which voting rights may be exercised; (j) the holding of meetings of shareholders [5]*** and the business to be transacted thereat; (k) the manner in which notices may be served on behalf of the State Bank upon shareholders or other persons; (l) the provision of seals for the State Bank and the manner and effect of their use; (m) the conduct and defence of legal proceedings and the manner of signing pleadings; (n) the duties and conduct of officers, other employees, advisers and agents of the State Bank; 6[(o) the establishment and maintenance of superannuation pension, provident or other funds for the benefit of the employees of the State Bank or of the dependants of such employees or for the purposes of the State Bank, and the granting of superannuation allowances, annuities and pensions payable out of any such fund;] (p) the form and manner in which contracts binding on the State Bank may be executed; 7[(q) the terms, conditions, stipulations, restrictions and limitations, if any, in the transaction by the State Bank of its businesses in regard to the advancing or lending of money or the discounting or purchase of any instrument, negotiable or otherwise, with or without reference to any security, purpose, amount, period or otherwise;] (r) the conditions subject to which alone, advances may be made to directors, members of Local Boards or of Local Committees or officers of the State Bank, or the relatives of such directors, members or officers or to companies, firms or individuals with which or with whom such directors, members, officers, or relatives, are connected as partners, directors, managers, servants, shareholders or otherwise; (s) the statements, returns, and forms that are required for the purposes of this Act; 1. Ins. by Act 3 of 1994, s. 20 (w.e.f. 15-10-1993). 2. Subs. by Act 35 of 1964, s. 16, for clause (d) (w.e.f. 1-12-1964). 3. Ins. by s. 16, ibid. (w.e.f. 1-12-1964). 4. Omitted by s. 16, ibid. (w.e.f. 1-12-1964). 5. The words “on branch registers” omitted by Act 3 of 1994, s. 20 (w.e.f. 15-10-1993). 6. Subs. by Act 26 of 1959, s. 10, for clause (o) (w.e.f. 28-8-1959). 7. Subs. by Act 48 of 1973, s. 19, for clause (q) (w.e.f. 31-12-1973). 29 ----- (t) the payment of dividends, including interim dividends; (u) generally for the conduct of the business of the State Bank. 1[(2A) All regulations made under this section shall have effect from such earlier or later date as may be specified in the regulations.] (3) Notwithstanding anything contained in this section, the first regulations shall be made by the Reserve Bank with the previous sanction of the Central Government, and thereupon shall be deemed to be the regulations made by the Central Board under this section and shall have force accordingly until they are amended or repealed. 2[(4) Every regulation shall, as soon as may be after it is made under this Act by the Central Board, be forwarded to the Central Government and that Government shall cause a copy of the same to be laid before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.] **3[51. Requirements of foreign law to be complied within certain cases.—If, according to the laws** of any country outside India, the provisions of this Act by themselves are not effective to transfer to and vest in the State Bank any asset or liability which forms part of the undertaking of the Imperial Bank and which is situate in that country, the Imperial Bank shall take all such steps as may be required by the laws of that country for the purpose of effecting or perfecting such transfer and vesting, and in connection therewith the Imperial Bank may realise any asset and discharge any liability and transfer the net proceeds thereof to the State Bank.] **52.** **[Amendment of Act 2 of 1934.] Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s. 2** _and the First Schedule (w.e.f. 26-12-1960)._ **53.** [Amendment of Act 10 of 1949.] Rep. by s. 2 and the First Schedule, ibid.(w.e.f. 26-12-1960) 4[54. [Amendment of Act 47 of 1920.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 26-12-1960).] **55.** **No proceeding to lie in India against Imperial Bank after appointed day.—On and from the** appointed day, no person shall make any claim or demand or take any proceeding in India against the Imperial Bank or a director, officer or other employee thereof in his capacity as such director, officer or employee except in so far as may be necessary for enforcing the provisions of this Act or except in so far as it relates to any offence committed by any such director, officer or employee. **56.** **References to the Imperial Bank, the Bank of Bengal, etc., in other laws.—On and from the** appointed day, any reference to the Imperial Bank or to the Bank of Bengal, the Bank of Madras or the Bank of Bombay in any law (other than this Act or the Imperial Bank of India Act, 1920 (47 of 1920) or in any contract or other instrument shall, except as otherwise provided in any general or special order made by the Central Government, be deemed to be a reference to the State Bank. **57.** **Dissolution of Imperial Bank, etc.—(1) On such day as the Central Government may, by** notification in the Official Gazette, specify in this behalf the Imperial Bank shall stand dissolved, and the Imperial Bank of India Act, 1920 (47 of 1920), shall stand repealed. (2) On the day specified in the notification under sub-section (1), the State Bank shall pay to the Reserve Bank a sum of ten lakhs of rupees. 1. Ins. by Act 48 of 1973, s. 19 (w.e.f. 31-12-1973). 2. Ins. by Act 1 of 1984, s. 48 (w.e.f. 15-2-1984). 3. Subs. by Act 33 of 1955, s. 5, for section 51 (w.e.f. 1-4-1957). 4. Ins. by s. 6, ibid. (w.e.f. 1-4-1957). 30 ----- (3) If, on the day specified in the notification under sub-section (1), the Imperial Bank has in its possession or custody any assets created on or after the appointed day, such assets shall be disposed of in accordance with directions issued by the Central Government in this behalf.] 31 ----- THE FIRST SCHEDULE (See section 9) COMPENSATION FOR THE TRANSFER OF SHARES OF THE IMPERIAL BANK TO THE RESERVE BANK 1. In this Schedule, “shareholder” means any person who immediately before the appointed day is registered as the holder of a share in the Imperial Bank. 2. As compensation for the shares in the capital of the Imperial Bank which, by reason of this Act, are transferred to and vested in the Reserve Bank, the Reserve Bank shall pay to every shareholder, in the manner set out hereinafter, an amount calculated at the rate of one thousand seven hundred and sixty-five rupees and ten annas per share in the case of a fully paid-up share and four hundred and thirty-one rupees, twelve annas and four pies per share in the case of a partly paid-up share. **3.** Notwithstanding the transfer of the shares in the capital of the Imperial Bank to the Reserve Bank, any shareholder who immediately before the appointed day is entitled to payment of dividend on the shares of the Imperial Bank held by him shall be entitled to receive from the State Bank— (a) all dividends accruing due on his shares in respect of any half year which ended before the appointed day and remaining unpaid; (b) dividends calculated at a rate to be specified by the Central Government in respect of any period immediately preceding the appointed day for which the Imperial Bank has not declared any dividend. 4. (1) The compensation provided for in this Schedule shall be given in Central Government securities and the form of such securities and the value thereof, computed with reference to their market value, shall be such as the Central Government may, by notification in the Official Gazette, specify in this behalf: Provided that where the amount of such compensation is not an exact multiple of the value of the Government security as so notified, the amount in excess of the nearest lower multiple of such value shall be paid by cheque drawn on the Reserve Bank. (2) Notwithstanding anything contained in sub-paragraph (1), any person who is registered as the holder of a share in the Imperial Bank on the 19th day of December, 1954, and continues to be so until the appointed day shall, if he applies in writing in this behalf to the Reserve Bank before the expiry of three months from the appointed day, be entitled to be paid, by cheque drawn on the Reserve Bank, any compensation payable to him upto the first ten thousand rupees. 5. (1) Any shareholder to whom compensation is payable under this Schedule may apply to the Reserve Bank before the expiry of three months from the appointed day for the transfer to him of shares in the State Bank in lieu of such compensation, and for the purposes of such transfer the value of each share of the State Bank shall be such as may be determined by the Reserve Bank in this behalf. (2) If on receipt of an application under sub-paragraph (1), the Reserve Bank, in its discretion, decides to transfer any shares to the applicant, it shall issue to the State Bank a warrant in the prescribed form directing it to transfer in favour of the person specified in the warrant such number of shares as may be specified therein out of the shares standing allotted to it under sub-section (1) of section 5, and the State Bank shall be bound to comply with such warrant. (3) A warrant issued by the Reserve Bank under this paragraph shall not be liable to duty under the Indian Stamp Act, 1899 (2 of 1899). 6. (1) The Reserve Bank may, if it decides to transfer, in pursuance of paragraph 5, more than two lakhs, fifty-three thousand and one hundred and twenty-five shares, require the State Bank to issue to it such further shares as may be necessary to secure that it holds not less than fifty-five per cent. of the issued capital of the State Bank, and the State Bank shall, without prejudice to the provisions contained in sub-section (3) of section 5, comply with such requirement on the Reserve Bank subscribing one hundred rupees for each share. (2) No share issued to the Reserve Bank at par under this paragraph shall carry dividend at a rate higher than four per cent. per annum. 32 ----- THE SECOND SCHEDULE (See section 44) DECLARATION OF FIDELITY AND SECRECY I ....................................................... do hereby declare that I will faithfully, truly and to the best of my skill and ability execute and perform the duties required of me as director, member of Local Board, member of Local Committee, auditor, adviser, officer or other employee (as the case may be) of the State Bank and which properly relate to the office or position in the said State Bank held by me. I further declare that I will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the State Bank or to the affairs of any person having any dealing with the State Bank; nor will I allow any such person to inspect or have access to any books or documents belonging to or in the possession of the State Bank and relating to the business of the State Bank or to the business of any person having any dealing with the State Bank. _THE THIRD SCHEDULE.—[Amendments to the Reserve Bank of India Act, 1934.] Rep. by the Repealing_ _and Amending Act, 1960 (58 of 1960), s. 2, and the First Schedule (w.e.f. 26-12-1960)._ _THE FOURTH SCHEDULE.—[Amendments to the Banking Companies Act, 1949.] Rep. by s. 2 and the_ _First Schedule, ibid. (w.e.f. 26-12-1960)._ _THE FIFTH SCHEDULE.—[Amendment to the Imperial Bank of India Act, 1920.] Added by the State_ _Bank of India (Amendment) Act, 1955 (33 of 1955), by s. 7 (with retrospective effect)._ 33 -----

18-May-1955

25

The Hindu Marriage Act, 1955

https://www.indiacode.nic.in/bitstream/123456789/1560/1/A1955-25.pdf

central

THE HINDU MARRIAGE ACT, 1955 ________ ARRANGEMENT OF SECTIONS # _________ PRELIMINARY SECTIONS 1. Short title and extent. 2. Application of Act. 3. Definitions. 4. Overriding effect of Act. HINDU MARRIAGES 5. Conditions for a Hindu marriage. 6. [Omitted.]. 7. Ceremonies for a Hindu marriage. 8. Registration of Hindu marriages. RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION 9. Restitution of conjugal right. 10. Judicial separation. NULLITY OF MARRIAGE AND DIVORCE 11. Void marriages. 12. Voidable marriages. 13. Divorce. 13A. Alternate relief in divorce proceedings. 13B. Divorce by mutual consent. 14. No petition for divorce to be presented within one year of marriage. 15. Divorced persons when may marry again. 16. Legitimacy of children of void and voidable marriages. 17. Punishment of bigamy. 18. Punishment for contravention of certain other conditions for a Hindu marriage. JURISDICTION AND PROCEDURE 19. Court to which petition shall be presented. 20. Contents and verification of petitions. 21. Application of Act 5 of 1908. 21A. Power to transfer petitions in certain cases. 21B. Special provision relating to trial and disposal of petitions under the Act. 21C. Documentary evidence. 22. Proceedings to be in camera and may not be printed or published. 23. Decree in proceedings. 23A. Relief for respondent in divorce and other proceedings. 24. Maintenance pendente lite and expenses of proceedings. 25. Permanent alimony and maintenance. 26. Custody of children. 27. Disposal of property. 28. Appeals from decrees and orders. 28A. Enforcement of decrees and orders. 1 ----- SECTIONS 29. Savings. 30. [Repealed.]. SAVINGS AND REPEALS 2 ----- # THE HINDU MARRIAGE ACT, 1955 ACT NO. 25 OF 1955[1] An act to amend and codify the law relating to marriage among Hindus. [18th May, 1955.] BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:— PRELIMINARY **1. Short title and extent.—(1) This Act may be called the Hindu Marriage Act, 1955.** (2) It extends to the whole of India [2]***, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories. **2. Application of Act.—(1) This Act applies—** (a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. _Explanation.—The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case_ may be:— (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and (c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion. (2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs. (3) The expression “Hindu” in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) the expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family; (b) “district court” means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which 1. The Act has been extended to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Schedule I and to Pondicherry (w.e.f 1-10-1963) with modifications by Reg. 7 of 1963, s. 3 and the Schedule I. 2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). 3 ----- may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act; (c) “full blood” and “half blood”—two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives; (d) “uterine blood”—two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands; _Explanation.—In clauses (c) and (d), “ancestor” includes the father and “ancestress” the mother;_ (e) “prescribed” means prescribed by rules made under this Act; (f) (i) “sapinda relationship” with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation; (ii) two persons are said to be “sapindas” of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them; (g) “degrees of prohibited relationship”-two persons are said to be within the “degrees of prohibited relationship”— (i) if one is a lineal ascendant of the other; or (ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or (iii) if one was the wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; or (iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters; _Explanation.—For the purposes of clauses (f) and (g), relationship includes—_ (i) relationship by half or uterine blood as well as by full blood; (ii) illegitimate blood relationship as well as legitimate; (iii) relationship by adoption as well as by blood; and all terms of relationship in those clauses shall be construed accordingly. **4. Overriding effect of Act.—Save as otherwise expressly provided in this Act,—** (a) any text rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act; (b) any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act. HINDU MARRIAGES **5. Conditions for a Hindu marriage.—A marriage may be solemnized between any two Hindus, if** the following conditions are fulfilled, namely:— (i) neither party has a spouse living at the time of the marriage; 1[(ii) at the time of the marriage, neither party— (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or 1. Subs. by Act 68 of 1976, s. 2, for clause (ii) (w.e.f. 27-5-1976). 4 ----- (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c) has been subject to recurrent attacks of insanity [1]***;] (iii) the bridegroom has completed the age of [2] [twenty-one years] and the bride, the age of [3][eighteen years] at the time of the marriage; (iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two; (v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two; 4* * * * * * **6. [Guardianship in marriage.]—Omitted by the Child Marriage Restraint (Amendment) Act, 1978,** (2 of 1978), s. 6 and Schedule (w.e.f. 1-10-1978). **7. Ceremonies for a Hindu marriage.—(1) A Hindu marriage may be solemnized in accordance** with the customary rites and ceremonies of either party thereto. (2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. **8. Registration of Hindu marriages.—(1) For the purpose of facilitating the proof of Hindu** marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose. (2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees. (3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made. (4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee. (5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry. RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION **9. Restitution of conjugal right.—[5]** * When either the husband or the wife has, without reasonable** excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 6[Explanation.—Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 7* * * * * * 1. The words “or epilepsy” omitted by Act 39 of 1999, s. 2 (w.e.f. 29-12-1999). 2. Subs. by Act 2 of 1978, s. 6 and Schedule for “elighteen years” (w.e.f. 1-10-1978). 3. Subs. by s. 6 and Schedule, ibid., for “fifteen years” (w.e.f. 1-10-1978). 4. Clause (vi) omitted by s. 6 and Schedule, ibid. (w.e.f. 1-10-1978). 5. The brackets and figure “(1)” omitted by Act 68 of 1976, s. 3 (w.e.f. 27-5-1976). 6. Ins. by s. 3, ibid. (w.e.f. 27-5-1976). 7. Sub-section (2) omitted by s. 3, ibid. (w.e.f. 27-5-1976). 5 ----- **10. Judicial separation.—[1][(1) Either party to a marriage, whether solemnised before or after the** commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.] (2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. NULLITY OF MARRIAGE AND DIVORCE **11. Void marriages.—Any marriage solemnised after the commencement of this Act shall be null** and void and may, on a petition presented by either party thereto [2][against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5. **12. Voidable marriages.—(1) Any marriage solemnised, whether before or after the commencement** of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:— 3[(a) that the marriage has not been consummated owing to the impotence of the respondent; or] (b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner [4][was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)], the consent of such guardian was obtained by force [5][or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent]; or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner. (2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage— (a) on the ground specified in clause (c) of sub-section (1) shall be entertained if— (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or (ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; (b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied— (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; (ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and (iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of [6][the said ground]. 1. Subs. by Act 68 of 1976, s. 4, for sub-section (1) (w.e.f. 27-5-1976). 2. Ins. by s. 5, ibid. (w.e.f. 27-5-1976). 3. Subs. by s. 6, ibid., for clause (a) (w.e.f. 27-5-1976). 4. Subs. by Act 2 of 1978, s. 6 and Schedule, for “is required under section 5” (w.e.f. 1-10-1978). 5. Subs. by Act 68 of 1976, s. 6, for “or fraud” (w.e.f. 27-5-1976). 6. Subs. by s. 6, ibid., for “the grounds for a decree” (w.e.f. 27-5-1976). 6 ----- **13. Divorce.—(1) Any marriage solemnized, whether before or after the commencement of this Act,** may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party— 1[(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or (ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or] (ii) has ceased to be a Hindu by conversion to another religion; or 2[(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. _Explanation.—In this clause,—_ (a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; (b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub—normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or] 3* - - - (v) has [4]* * * been suffering from venereal disease in a communicable form; or (vi) has renounced the world by entering any religious order; or (vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; [5]*** 6* * * * * * 7 [Explanation.—In this sub-section, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.] 8[(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground— (i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of [9][one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of [9][one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.] 1. Subs. by Act 68 of 1976, s. 7, for clause (i) (w.e.f. 27-5-1976). 2. Subs. by s. 7, ibid., for clause (iii) (w.e.f. 27-5-1976). 3. Clause (iv) omitted by Act 6 of 2019, s. 5 (w.e.f. 1-3-2019). 4. Certain words omitted by s. 7, ibid. (w.e.f. 27-5-1976). 5. The word “or” omitted by Act 44 of 1964, s. 2, ibid. (w.e.f. 20-12-1964). 6. Clauses (viii) and (ix) omitted by s. 2, ibid. (w.e.f. 20-12-1964). 7. Ins. by Act 68 of 1976, s. 7 (w.e.f. 27-5-1976). 8. Ins. by Act 44 of 1964, s. 2 (w.e.f. 20-12-1964). 9. Subs. by Act 68 of 1976, s. 7, for “two years” (w.e.f. 27-5-1976). 7 ----- (2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,— (i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition; or (ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or 1[bestiality; or] 2 [(iii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or under the corresponding section 488 of the Code of Criminal Procedure, 1898 (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; (iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years. _Explanation.—This clause applies whether the marriage was solemnized before or after the_ commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976).] **STATE AMENDMENT** **Uttar Pradesh** **Amendment of section 13 of Act XXV of 1955.—In sub-section (1) of section 13 of the Hindu Marriage** Act, 1955,- (a) after clause (i) the following new cause shall be inserted and shall be deemed always to have been inserted; “(i-a) has persistently or repeatedly treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party ;or”, and (b) for clause (vii), the following clause shall be substituted and shall be deemed always to have been substituted; “(viii) has not resumed cohabitation after the passing of a decree for judicial separation against that party and— (a) a period of two years has elapsed since the passing of such decree, or (b) the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the other party; or”. [Vide Uttar Pradesh Act XIII of 1962, s. 2] 3[13A. Alternate relief in divorce proceedings.—In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation. 1. Subs. by Act 68 of 1976, s. 7, for “bestiality” (w.e.f. 27-5-1976). 2. Ins. by s. 7, ibid. (w.e.f. 27-5-2976). 3. Ins. by s. 8, ibid. (w.e.f. 27-5-1976). 8 ----- **13B. Divorce by mutual consent.—(1) Subject to the provisions of this Act a petition for dissolution** of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. (2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.] **14. No petition for divorce to be presented within one year of marriage.—(1) Notwithstanding** anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, [1][unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented [4][before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the [2][expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after [3][expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed. (2) In disposing of any application under this section for leave to present a petition for divorce before the [4][expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the [5][said one year]. **15. Divorced persons when may marry again.—When a marriage has been dissolved by a decree of** divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again. 6* * * * * * **7[16. Legitimacy of children of void and voidable marriages.—(1) Notwithstanding that a marriage** is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act. (2) Where a decree of nullity is granted in respect of a voidable marriage under section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity. 1. Subs. by Act 68 of 1976, s. 9, for certain words (w.e.f. 27-5-1976). 2. Subs. by s. 9, ibid., for “expiry of three years” (w.e.f. 27-5-1976). 3. Subs. by s. 9, ibid., for “expiration of the said one year” (w.e.f. 27-5-1976). 4. Subs. by s. 9, ibid., for “expiry of three years” (w.e.f. 27-5-1976). 5. Subs. by s. 9, ibid., for “said three years” (w.e.f. 27-5-1976). 6. Proviso omitted by s.10, ibid. (w.e.f. 27-5-1976). 7. Subs. by s. 11, ibid., for s. 16 (w.e.f. 27-5-1976). 9 ----- (3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.] **17. Punishment of bigamy.—Any marriage between two Hindus solemnized after the** commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code, 1860 (45 of 1860), shall apply accordingly. **18. Punishment for contravention of certain other conditions for a Hindu marriage.—Every** person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv), [1][and (v)] of section 5 shall be punishable— [2][(a) in the case of contravention of the condition specified in clause (iii) of section 5, with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both.] (b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both; [3]* * * 4* * * * * * JURISDICTION AND PROCEDURE 5[19. Court to which petition shall be presented.—Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction:— (i) the marriage was solemnized, or (ii) the respondent, at the time of the presentation of the petition, resides, or (iii) the parties to the marriage last resided together, or 6[(iiia) in case the wife is the petitioner, wher she is residing on the date of presentation of the petition; or] (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.] **20. Contents and verification of petitions.—(1) Every petition presented under this Act shall state** as distinctly as the nature of the case permits the facts on which the claim to relief is founded [7][and, except in a petition under section 11, shall also state] that there is no collusion between the petitioner and the other party to the marriage. (2) The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence. **21. Application of Act 5 of 1908.—Subject to the other provisions contained in this Act and to such** rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908. 1. Subs. by Act 2 of 1978, s. 6 and Schedule, for “(v) and (vi)” (w.e.f. 1-10-1978). 2. Subs. by Act 6 of 2007, s. 20 (w.e.f. 30-10-2007). 3. The word “and” omitted by Act 2 of 1978, s. 6 and Schedule (w.e.f. 1-10-1978). 4. Clause (c) omitted by s. 6 and Schedule, ibid. (w.e.f. 1-10-1978). 5. Subs. by Act 68 of 1976, s. 12, for s. 19 (w.e.f. 27-5-1976). 6. Ins. by Act 50 of 2003, s. 4 (w.e.f. 23-12-2003). 7. Subs. by Act 68 of 1976, s. 13, for “and shall also State” (w.e.f. 27-5-1976). 10 ----- **1[21A. Power to transfer petitions in certain cases.—(1) Where—** (a) a petition under this Act has been presented to a district court having jurisdiction by a party to a marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13, and (b) another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13 on any ground, whether in the same district court or in a different district court, in the same State or in a different State, the petitions shall be dealt with as specified in sub-section (2). (2) In a case where sub-section (1) applies,— (a) if the petitions are presented to the same district court, both the petitions shall be tried and heard together by that district court; (b) if the petitions are presented to different district courts, the petition presented later shall be transferred to the district court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented. (3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, 1908 (5 of 1908), to transfer any suit or proceeding from the district court in which the later petition has been presented to the district court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code. **21B. Special provision relating to trial and disposal of petitions under the Act.—(1) The trial of a** petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. (2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. (3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent. **21C. Documentary evidence.—Notwithstanding anything in any enactment to the contrary, no** document shall be inadmissible in evidence in any proceeding at the trial of a petition under this Act on the ground that it is not duly stamped or registered.] **2[22. Proceedings to be in camera and may not be printed or published.—(1) Every proceeding** under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the court. (2) If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.] **23. Decree in proceedings.—(1) In any proceeding under this Act, whether defended or not, if the** court is satisfied that (a) any of the grounds for granting relief exists and the petitioner [3][except in cases where the relief is sought by him on the ground specified in sub-clause (a), sub-clause (b) or sub-clause (c) of clause (ii) of section 5] is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, and 1. Ins. by Act 68 of 1976, s. 14, (w.e.f. 27-5-1976). 2. Subs. by s. 15, ibid., for s. 22 (w.e.f. 27-5-1976). 3. Ins. by s. 16, ibid. (w.e.f. 27-5-1976). 11 ----- (b) where the ground of the petition is the ground specified [1]* * * in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and 2[(bb) when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence, and] (c) [2][the petition (not being a petition presented under section 11)] is not presented or prosecuted in collusion with the respondent, and (d) there has not been any unnecessary or improper delay in instituting the proceeding, and (e) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the court shall decree such relief accordingly. (2) Before proceeding to grant any relief under this Act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about reconciliation between the parties: 3[Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is sought on any of the grounds specified in clause (ii), clause (iii), clause (iv), clause (v), clause (vi) or clause (vii) of sub-section (1) of section 13.] 2[(3) For the purpose of aiding the court in bringing about such reconciliation, the court may, if the parties so desire or if the court thinks it just and proper so to do, adjourn the proceedings for a reasonable period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person, with directions to report to the court as to whether reconciliation can be and has been, effected and the court shall in disposing of the proceeding have due regard to the report. (4) In every case where a marriage is dissolved by a decree of divorce, the court passing the decree shall give a copy thereof free of cost to each of the parties.] 4[23A. Relief for respondent in divorce and other proceedings.—In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner’s adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground; and if the petitioner’s adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground.] **24. Maintenance pendente lite and expenses of proceedings.—Where in any proceeding under this** Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the court to be reasonable. 5[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.] **25. Permanent alimony and maintenance.—(1) Any court exercising jurisdiction under this Act** may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall [6]* * * pay to 1. The words, bracket, letter of figure “in clause (f) of sub-section (1) of section 10 or” omitted by Act 68 of 1976, s. 16, (w.e.f. 27-5-1976). 2. Subs. by s. 16, ibid., for “ the petition” (w.e.f. 27-5-1976). 3. Added by s. 16, ibid. (w.e.f. 27-5-1976). 4. Ins by s. 17, ibid. (w.e.f. 27-5-1976). 5. Ins. by Act 49 of 2001, s. 8 (w.e.f. 24-9-2001). 6. The words “while the applicant remains unmarried” omitted by Act 68 of 1976, s. 18 (w.e.f. 27-5-1976). 12 ----- the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property, if any, the income and other property of the applicant [1][the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent. (2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just. (3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, [2][it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just]. **26. Custody of children.—In any proceeding under this Act, the court may, from time to time, pass** such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made: 3[Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.] **27. Disposal of property.—In any proceeding under this Act, the court may make such provisions in** the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife. **4[28. Appeals from decrees and orders.—(1) All decrees made by the court in any proceeding under** this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction. (2) Orders made by the court in any proceeding under this Act under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction. (3) There shall be no appeal under this section on the subject of costs only. (4) Every appeal under this section shall be preferred within a [5][period of ninety days] from the date of the decree or order. **28A. Enforcement of decrees and orders.—All decrees and orders made by the court in any** proceeding under this Act shall be enforced in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction for the time being in forced.] SAVINGS AND REPEALS **29. Savings.—(1) A marriage solemnized between Hindus before the commencement of this Act,** which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of 1. Subs. by Act 68 of 1976, s. 18, for certain words. (w.e.f. 27-5-1976). 2. Subs. by s. 18, ibid., for “it shall rescind the order” (w.e.f. 27-5-1976). 3. Ins. by Act 49 of 2001, s. 9 (w.e.f. 24-9-2001). 4. Subs. by Act 68 of 1976, s. 19 (w.e.f. 27-5-1976). 5. Subs. by Act 50 of 2003, s. 5, for “period of thirty days” (w.e.f. 23-12-2003). 13 ----- the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, castes or sub-divisions of the same caste. (2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act. (3) Nothing contained in this Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be _null and void or for annulling or dissolving any marriage or for_ judicial separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed. (4) Nothing contained in this Act shall be deemed to affect the provisions contained in the Special Marriage Act, 1954, (43 of 1954) with respect to marriages between Hindus solemnized under that Act, whether before or after the commencement of this Act. **30. [Repeals].—Rep. by the Repealing and Amending Act, 1960 (58** _of 1960),_ _s. 2_ _and the First_ _Schedule (w.e.f. 26-12-1960)._ 14 -----

20-Sep-1955

32

The Prisoners (Attendance in Courts) Act, 1955

https://www.indiacode.nic.in/bitstream/123456789/1570/1/AAA1955____33.pdf

central

# THE PRISONERS (ATTENDANCE IN COURTS) ACT, 1955 __________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Power of courts to require appearance of prisoners to give evidence or answer a charge. 4. Power of State Government to exempt certain persons from operation of section 3. 5. Prisoners to be brought up. 6. Officer in charge of prison when to abstain from carrying out order. 7. Commissions for examination of prisoners. 8. Certain provisions of the Code of Criminal Procedure and the Code of Civil Procedure to apply. 9. Power to make rules. 10. Repeal. THE FIRST SCHEDULE. THE SECOND SCHEDULE. 1 ----- # THE PRISONERS (ATTENDANCE IN COURTS) ACT, 1955 ACT NO. 32 OF 1955 [20th September, 1955.] # An Act to provide for the attendance in courts of persons confined in prisons for obtaining their evidence or for answering a criminal charge. BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Prisoners (Attendance in** Courts) Act, 1955. (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act,—** (a) “confinement in a prison”—references to confinement in a prison, by whatever form of words, include references to confinement or detention in a prison under any law providing for preventive detention; (b) “prison” includes— (i) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail; and (ii) any reformatory, Borstal institution or other institution of a like nature; 2[(c) “State Government”, in relation to a Union territory, means the Administrator thereof.] **3. Power of courts to require appearance of prisoners to give evidence or answer a charge.—(1)** Any civil or criminal court may, if it thinks that the evidence of any person confined in any prison is material in any matter pending before it, make an order in the form set forth in the First Schedule, directed to the officer in charge of the prison: Provided that no civil court shall make an order under this sub-section in respect of a person confined in a prison situated outside the State in which the court is held. (2) Any criminal court may, if a charge of an offence against a person confined in any prison is made or pending before it, make an order in the form set forth in the Second Schedule, directed to the officer in charge of the prison. (3) No order made under this section by a civil court which is subordinate to a district judge shall have effect unless it is countersigned by the district judge; and no order made under this section by a criminal court which is inferior to the court of a magistrate of the first class shall have effect unless it is countersigned by the district magistrate to whom that court is subordinate or within the local limits of whose jurisdiction that court is situate. 1. 1st January, 1956, vide notification No. S.R.O. 3447, dated 8th November, 1955, see Gazette of India, Extraordinary, Part II, sec. 3. 2. Subs. by Adaptation of Laws (No. 3) Order, 1956, for clause (c) (w.e.f. 1-11-56). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh this Act has been extended in its application to the Union territory Goa, Daman and Diu by the Act 11 of 1963, s. 3 and the Schedule (w.e.f 1-2-1965). 2 ----- (4) For the purposes of sub-section (3), a court of small causes outside a presidency town or the city of Hyderabad shall be deemed to be subordinate to the district judge within the local limits of whose jurisdiction such court is situate. **4. Power of State Government to exempt certain persons from operation of section 3.—(1) The** State Government may, having regard to the matters specified in sub-section (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined, and thereupon so long as any such order remains in force, the provisions of section 3 shall not apply to such person or class of persons. (2) Before making an order under sub-section (1), the State Government shall have regard to the following matters, namely:— (a) the nature of the offence for which or the grounds on which the confinement has been ordered in respect of the person or class of persons; (b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison; (c) the public interest, generally. **5. Prisoners to be brought up.—Upon delivery of any order made under section 3 to the officer in** charge of the prison in which the person named therein is confined, that officer shall cause him to be taken to the court in which his attendance is required, so as to be present in the court at the time of such order mentioned, and shall cause him to be detained in custody in or near the court until he has been examined or until the judge or presiding officer of the court authorises him to be taken back to the prison in which he was confined. **6. Officer in charge of prison when to abstain from carrying out order.—Where the person in** respect of whom an order is made under section 3— (a) is, in accordance with the rules made in this behalf, declared to be unfit to be removed from the prison where he is confined by reason of sickness or other infirmity; or (b) is under committal for trial; or (c) is under remand pending trial or pending a preliminary investigation; or (d) is in custody for a period which would expire before the expiration of the time required for removing him under this Act and for taking him back to the prison in which he is confined, the officer in charge of the prison shall abstain from carrying out the order and shall send to the court from which the order had been issued a statement of reasons for so abstaining: Provided that such officer as aforesaid shall not so obstain where— (i) the order has been made by a criminal court; and (ii) the person named in the order is confined under committal for trial or under remand pending trial or pending a preliminary investigation and is not declared in accordance with the rules made in this behalf to be unfit to be removed from the prison where he is confined by reason of sickness or other infirmity; and (iii) the place, where the evidence of the person named in the order is required, is not more than five miles distant from the prison in which he is confined. 3 ----- **7. Commissions for examination of prisoners.—In any of the following cases, that is to say,—** (a) where it appears to any civil court that the evidence of a person confined in a prison is material in any matter pending before it and that the attendance of such person in court cannot be secured by reason of the provisions of section 6 or of an order under section 4 or of the district judge declining under sub-section (3) of section 3 to counter sign an order for removal; or (b) where it appears to any civil court as aforesaid that the evidence of a person confined in a prison which is situated outside the State in which, or is more than fifty miles distant from the place at which, such court is held is material in any such matter, the court may, if it thinks fit, issue a commission under the provisions of the Code of Civil Procedure, 1908 (5 of 1908), for the examination of the person in the prison in which he is confined. **8. Certain provisions of the Code of Criminal Procedure and the Code of Civil Procedure to** **apply.—Save as otherwise provided in this Act and any rules made thereunder, the provisions of the** Code of Civil Procedure, 1908 (5 of 1908), and the Code of Criminal Procedure, 1898 (5 of 1898), as the case may be, shall, so far as may be, apply in relation to the examination on commission or otherwise of any person confined in a prison as they apply in relation to the examination on commission of any other person. **9. Power to make rules.—(1) The State Government may, by notification in the Official Gazette,** make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the procedure for obtaining the countersignature of an order made under section 3; (b) the authority by whom and the manner in which a declaration that a person confined in prison is unfit to be removed therefrom, may be made; (c) the conditions, including payment of costs and charges, subject to which an order made under section 3 by a civil court may be executed; (d) the manner in which a process directed against any person confined in a prison issued from any court may be served upon him; (e) the escort of persons confined in a prison to and from courts in which their attendance is required and for their custody during the period of such attendance; (f) the amount to be allowed for the costs and charges of such escort; and (g) the guidance of officers in all other matters connected with the enforcement of this Act. **10. Repeal.—(1) Part IX of the Prisoners Act, 1900 (3 of 1900) and the First and Second Schedules** to the said Act are hereby repealed. (2) If immediately before the commencement of this Act, there is in force in any Part B State to which this Act extends any law corresponding to the provisions of this Act, that law shall, in so far as it relates to matters dealt within this Act, stand repealed on such commencement: Provided that anything done or any action taken under any such law, shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to have effect accordingly, unless and until superseded by anything done or any action taken under this Act. 4 ----- THE FIRST SCHEDULE [See sub-section (1) of section 3] Court of To the officer in charge of the ………………………………………….. (State name of prison). You are hereby required to produce , now confined in , under safe and sure conduct before the Court of at on the day of next by of the clock in the forenoon of the same day, there to give evidence in a matter now pending before the said Court, and after the said has then and there given his evidence before the said Court or the said Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the prison. The day of _A. B._ (Countersigned) C.D. ____________ 5 ----- THE SECOND SCHEDULE [See sub-section (2) of section 3] Court of To the officer in charge of the ………………………………………….. (State name of prison). You are hereby required to produce , now confined in , under safe and sure conduct before the Court of at on the day of next by of the clock in the forenoon of the same day, there to answer a charge now pending before the said Court, and after such charge has been disposed of or the said Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison. The day of _A. B._ (Countersigned) C.D. 6 -----

14-Oct-1955

36

The Durgah khawaja Saheb Act, 1955

https://www.indiacode.nic.in/bitstream/123456789/1506/3/A1955-36.pdf

central

# THE DURGAH KHAWAJA SAHEB ACT, 1955 # __________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Act to override Act XX of 1863. 4. The Committee. 5. Composition of Committee. 6. Term of office and resignation and removal of members and casual vacancies. 7. President and vice-president. 8. Supersession of the Committee. 9. Power of Central Government to appoint Nazim. 10. Advisory Committee to advise Nazim. 11. Powers and duties of the Committee. 12. Remuneration of the Sajjadanashin. 13. Succession to the office of Sajjadanashin. 14. Power to solicit or receive offerings on behalf of the Durgah. 15. Committee to observe Muslim Law and tenets of the Chishti Saint. 16. Board of Arbitration. 17. Defect in the constitution of, or vacancy in, the Committee not to invalidate acts and proceedings. 18. Enforcement of final orders of Committee. 19. Audit of accounts and annual report. 20. Bye-laws. 21. Transitional provisions. 22. Repeal. ----- # THE DURGAH KHAWAJA SAHEB ACT, 1955 # ACT NO. 36 OF 1955 [14th October, 1955.] # An Act to make provision for the proper administration of the Durgah and the Endowment of the Durgah of Khawaja Moin-ud-din Chishti, generally known as Durgah Khawaja Saheb, Ajmer. BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Durgah Khawaja Saheb Act,** 1955. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Chief Commissioner” means the Chief Commissioner of Ajmer, acting in his individual capacity; (b) “Committee” means the Committee consituted under section 4; (c) “Durgah” means the institution known as the Durgah Khawaja Saheb, Ajmer, and includes the premises called the Durgah Sharif with all buildings contained therein, together with all additions thereto or all alerations thereof which may hereafter be made from time to time; (d) “Durgah Endowment” includes— (i) the Durgah Khawaja Saheb, Ajmer; (ii) all buildings and movable property within the boundaries of the Durgah Sharif; (iii) Durgah Jagir, including all land, houses and shops and all immovable property wherever situated belonging to the Durgah Sharif; (iv) all other property and all income derived from any source whatsoever dedicated to the Durgah or placed for any religious, pious or charitable purposes under the Durgah Administration, including the Jagirdari villages of Hokran and Kishanpur in Ajmer; and (v) all such nazars of offerings as are received on behalf of the Durgah by the Nazim or any person authorised by him; (e) “Nazim” means the Nazim appointed under section 9. **3. Act to override Act XX of 1863.—This Act shall have effect notwithstanding anything** inconsistent therewith contained in the Religious Endowments Act, 1863 (XX of 1863). **4. The Committee.—(1) The administration, control and management of the Durgah Endowment** shall be vested in a Committee constituted in the manner hereinafter provided. (2) The Committee shall by the name of “The Durgah Committee, Ajmer”, be a body corporate and shall have perpetual succession and a common seal and shall by the said name sue and be sued through its president. **5. Composition of Committee.—The Committee shall consist of not less than five and not more than** nine members all of whom shall be Hanafi Muslims and shall be appointed by the Central Government. **6. Term of office and resignation and removal of members and casual vacancies.—(1) A member** of the Committee shall hold office for a period of five years from the date of his appointment but may 1.1st March, 1956, videNotification No. S.R.O. 482(E), dated 24thFebruary, 1956, see Gazette of India, Extraordinary, Part II, sec. 3(i). ----- resign his office earlier by giving notice in writing thereof to the Central Government and shall cease to be a member on the resignation being accepted by that Government. (2) The Central Government may remove from office any member of the Committee— (a) who is of unsound mind and stands so declared by a competent court, or (b) who has applied for being adjudged an insolvent, or is an undischarged insolvent, or (c) who has been convicted of any offence involving moral turpitude, or (d) who has absented himself for a period of twelve consecutive months from the meetings of the Committee; or (e) whose presence on the Committee would, in the opinion of the Central Government, be prejudicial to the interests of the Durgah. (3) Casual vacancies among members of the Committee shall be filled by appointment made by the Central Government inconsultation with the remaining members of the Committee. (4) The term of office of a member appointed to fill a casual vacancy shall be for so long only as the member whose place has been filled would have been entitled to hold office if the vacancy had not occurred. **7. President and vice-president.—(1) The Committee shall elect a president and a vice-president** from among its members. (2) When the office of the president is vacant or in the absence of the president from any meeting, the vice-president shall perform the functions of the president. (3) In the absence of the president and vice president, a meeting of the Committee may be presided over by a member elected by the majority of the members present at the meeting. **8. Supersession of the Committee.—If in the opinion of the Central Government the Committee is** guilty of gross mismanagement of the affairs of the Durgah or of neglect in the performance of its functions, the Central Government may supersede the Committee and entrust any person with full powers of the Committee until a new Committee is constituted in accordance with the provisions of this Act. **9. Power of Central Government to appoint Nazim.—(1) The Central Government may, in** consultation with the Committee, appoint a person to be the Nazim of the Durgah and the Nazim shall in virtue of his office be the secretary of the Committee: Provided that no such consultation shall be necessary in the case of the appointment of the first Nazim. (2) The Nazim shall be paid such salary and allowances as the Central Government may fix out of the revenues of the Durgah Endowment. (3) The Committee shall exercise its powers of administration, control and management of the Durgah Endowment through the Nazim. **10. Advisory Committee to advise Nazim.—For the purpose of advising the Nazim in the discharge** of his functions under this Act and also for such other purposes as may be specified in any bye-laws of the Committee, the Central Government may, in consultation with the Chief Commissioner, constitute an Advisory Committee consisting of such number of persons, being Hanafi Muslims, not exceeding seven, as the Central Government may think fit, such persons being chosen from among the residents of the State of Ajmer or any of the neighbouring States. **11. Powers and duties of the Committee.—The powers and duties of the Committee shall be—** (a) to administer, control and manage the Durgah Endowment; (b) to keep the buildings within the boundaries of the Durgah Sharif and all buildings, houses and shops comprised in the Drugah Endowment in proper order and in a state of good repair; (c) to receive all moneys and other income of the Durgah Endowment; ----- (d) to see that the Endowment funds are spent in the manner desired by the donors; (e) to pay salaries, allowances and perquisites and make all other payments due out of, or charged on, the revenues or income of the Durgah Endowment. (f) to determine the privileges of the Khadims and to regulate their presence in the Durgah by the grant to them of licences in that behalf, if the Committee thinks it necessary so to do; (g) to define the powers and duties of the Advisory Committee; (h) to determine the functions and powers, if any, which the Sajjadanashin may exercise in relation to the Durgah; (i) to appoint, suspend or dismiss servants of the Durgah Endowment; (j) to make such provision for the education and maintenance of the indigent descendants of Khawaja Moin-ud-din Chishti and their families and the indigent Khadims and their families residing in India as the Committee considers expedient consistently with the financial position of the Durgah; (k) to delegate to the Nazim such powers and functions as the Committee may think fit; (l) to do all other such things as may be incidental or conducive to the efficient administration of the Durgah. **12. Remuneration of the Sajjadanashin.—There shall be paid to the person for the time being** holding the office of the Sajjadanashin remuneration at the rate of rupees two hundred per mensem out of the revenues of the Durgah Endowment. **13. Succession to the office of Sajjadanashin.—(1) As soon as the office of the Sajjadanashin falls** vacant, the Committee shall, with the previous approval of the Chief Commissioner, make such interim arrangements for the performance of the functions of the Sajjadanashin as it may think fit, and immediately thereafter publish a notice in such form and manner as may be determined by the Committee, inviting applications within one month of such publication from persons claiming to succeed to that office. (2) Where only one person claims to succeed to the office of the Sajjadanashin and the Committee is satisfied as to his right to succeed, it shall, with the previous approval of the Chief Commissioner, pass an order in writing according recognition as Sajjadanashin to such person. (3) Where more persons than one claim to succeed to the office of the Sajjadanashin, the Committee shall, after consultation with the Chief Commissioner, refer the dispute to the Judicial Commissioner of Ajmer for a decision regarding the claim to succeed to that office, and the Judicial Commissioner, after taking such evidence as he considers necessary and after giving an opportunity to the claimants to be heard in respect of their claims, shall communicate his decision to the Committee. (4) The Commitee, on the receipt of the decision, shall, with the previous approval of the Chief Commissioner, pass an order in writing in accordance with such decision declaring the person found entitled to succeed to the office of the Sajjadanashin and according recognition as Sajjadanashin to such person. (5) An order passed by the Committee under sub-section (2) or sub-section (4) shall be final and shall not be questioned in any court. **14. Power to solicit or receive offerings on behalf of the Durgah.—[1][(1)] It shall be lawful for the** Nazim or any person authorised by him in this behalf to solicit and receive on behalf of the Durgah any nazars or offerings from any person, and notwithstanding anything contained in any rule of law or decision to the contrary, no person other than the Nazim of any person authorised by him in this behalf shall receive or be entitled to receive nazars or offerings or behalf of the Durgah. 2[(2) Whoever solicits or receives any nazars or offerings in contravention of the provisions of sub section (1), shall be punishable with fine which may extend to one thousand rupees. 1. Section 14 re-numbered as sub-section (1) thereof by Act 20 of 1964, s. 2 (w.e.f. 1-6-1964). 2. Ins. by s. 2, ibid. (w.e.f. 1-6-1964). ----- (3) The Nazim, the Sajjadanashin, the employees and servants of the Durgah Endowment and all other persons authorised to do any act under this Act shall, while acting or purporting to act in pursuance of any of the provisions made by or under this Act, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.] **15. Committee to observe Muslim Law and tenets of the Chishti Saint.—Save as otherwise** provided under any enactment for the time being in force, the committee shall, in exercise of its powers and the discharge of its duties, follow the rules of Muslim Law applicable to Hanafi Muslims in India, and shall conduct and regulate the established rites and ceremonies in accordance with the tenets of the Chishti Saint. **16. Board of Arbitration.—(1) If any dispute arises between the Committee on the one part and the** Sajjadanashin, any Khadim, and any person claiming to be the servant of the Durgah under some hereditary right or any one or more of them on the other part and such dispute does not, in the opinion of the Committee, relate to any religious usage or custom or to the performance of any religious office, it shall at the request of either party to the dispute, be referred to a Board of Arbitration consisting of— (i) a nominee of the Committee; (ii) a nominee of the other party to the dispute; and (iii) a person who holds or has held the office of, or is acting or has acted as, a district judge, to be appointed by the Central Government, and the award of the Board shall be final and shall not be questioned in any Court. (2) No suit shall lie in any Court in respect of any matter which is required by sub-section (1) to be referred to a Board of Arbitration. **17. Defect in the constitution of, or vacancy in, the Committee not to invalidate acts and** **proceedings.—No act or proceeding of the Committee shall be invalidated merely by reason of the** existence of a vacancy among its members or a defect in the constitution thereof. **18. Enforcement of final orders of Committee.—Where in the exercise of its powers and** performance of its duties the Committee passes any final order against any person directing him to do, or to abstain from doing something, the person against whom the order is directed shall be bound to comply with the order and in case of non-compliance with such order any civil court within the local limits of whose jurisdiction the person against whom the order has been passed, resides or carries on business may execute the order in the same manner and by the same procedure as if it were a decree or order passed by itself in a suit. **19. Audit of accounts and annual report.—(1) The accounts of the Durgah shall be audited every** year by such persons and in such manner as the Central Government may direct. (2) The Committee shall every year prepare a report on the administration of the Durgah, which, together with the accounts of the Durgah and the report of the auditor thereon, shall be published in the Official Gazette. **20. Bye-laws.—(1) The Committee may make bye-laws to carry out the purposes of this Act.** (2) In particular and without prejudice to the generality of the foregoing power such bye-laws may provide for— (a) the division of duties among the president and the members of the Committee; (b) the time and place of, the quorum for, and procedure and conduct of business at, the meetings of the Committee; (c) the security, if any, to be taken from the employees of the Committee; (d) the books and accounts to be kept at the office of the Committee; (e) the custody and investment of the property and the funds of the Durgah; (f) the details to be included in or excluded from the budget of the Durgah; ----- (g) the persons by whom receipts may be granted for money paid to the Committee; (h) the maintenance of peace and order within the Durgah compound and regulating the conduct of persons within the precincts of the Durgah; (i) the duties and powers of the employees of the Durgah; (j) the regulation of the cooking of degs and distribution of the food so cooked, notwithstanding any judicial decision relating to the right of any person or class of persons to participate in such cooking or distribution; (k) the powers and functions of the Advisory Committee and the matters in which the advice of the Advisory Committee may be sought by the Nazim; (l) the manner of entering into contracts by or on behalf of the Committee. (3) Any power to make bye-laws conferred by this section is conferred subject to the condition of the bye-laws being first published in draft for objections by being hung up on the premises of the Durgah and of their not taking effect until they have been approved and confirmed by the Central Government and published in the Official Gazette. (4) The Central Government in approving and confirming a bye-law may make any change therein which appears to be necessary. (5) The Central Government may, after previous publication of its intention cancel any bye-law which it has approved and confirmed, and thereupon the bye-law shall cease to have effect. 1[(6) Every bye-law made under this section and every order made by the Central Government under sub-section(5) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the bye-law or order, or both Houses agree that the bye-law or order should not be made, the bye-law or order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that bye-law or order.] **21. Transitional provisions.—The person holding, the office of Sajjadanashin immediately before** the commencement of this Act shall, on and from such commencement, continue to hold that office subject to the other provisions of this Act and to the final decision in the suit relating to that office which is pending on such commencement and to which the said person is a party. **22. Repeal.—The Durgah Khawaja,Saheb Act, 1936 (XXIII of 1936) and the Durgah Khawaja Saheb** (Emergency Provisions) Act, 1950 (XVII of 1950) are hereby repealed. 1. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984). -----

22-Oct-1955

42

The Prize Competitions Act, 1955

https://www.indiacode.nic.in/bitstream/123456789/1515/1/AAA1955___42.pdf

central

# THE PRIZE COMPETITIONS ACT, 1955 ARRANGEMENT OF SECTIONS SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Interpretation. 4. Prohibition of prize competitions where the prize offered exceeds one thousand rupees a month. 5.Licensing of prize competitions where the prize offered does not exceed one thousand rupees a month. 6. Licences for prize competitions. 7.Promoters of prize competitions to keep accounts and submit the same to the licensing authority. 8. Power to cancel or suspend licences. 9. Penalty for promoting or conducting any prize competition in contravention of the provisions of sections 4 and 5. 10. Penalty for failure to keep and submit accounts. 11. Penalty for other offences in connection with prize competitions. 12. Offences by Corporations. 13. Power of licensing authority to call for and inspect accounts and documents. 14. Power of entry and search. 15. Forfeiture newspapers and publications containing prize competitions. 16. Appeals. 17. Licensing authority and other officers to be public servants. 18. Jurisdiction to try offences. 19. Protection of action taken under this act. 20. Power to make rules. 1 ----- # THE PRIZE COMPETITIONS ACT, 1955 ACT NO. 42 OF 1955[1] An Act to provide for the control and regulation of prize competitions. [22nd October, 1955.] WHEREAS it is expedient to provide for the control and regulation of prize Competitions; AND WHEREAS the Legislatures of the States of Andhra, Bombay, Madras, Orissa, Uttar Pradesh, Hyderabad, Madhya Bharat, Patiala and East Punjab States Union and Saurashtra have passed resolutions in terms of clause (1) of article 252 of the Constitution in relation to the above-mentioned matter and matters ancillary thereto in so far as such matters are matters enumerated in List II in the Seventh Schedule to the Constitution; BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:― **1.** **Short title, extent and commencement.―(1) This Act may be called the Prize Competitions** Act, 1955. (2) It extends to [2][the territories which, immediately before the 1st November, 1956, were comprised in] the States of Andhra, Bombay, Madras, Orissa, Uttar Pradesh, Hyderabad, Madhya Bharat, Patiala and East Punjab States Union and Saurashtra and all Part C States. (3) It shall come into force on such date[3] as the Central Government may, by notification in the Official Gazette, appoint. **2.** **Definitions.―In this Act, unless the context otherwise requires,―** (a) “licensing authority” means any officer or authority appointed by the State Government, by notification in the Official Gazette, for the purpose of granting licences under this Act; (b) “money” includes a cheque, postal-order or money-order; (c) “prescribed” means prescribed by rules made under this Act; (d) “prize competition” means any competition (whether called a cross-word prize competition, a missing-word prize competition, a picture prize competition or by any other name) in which prizes are offered for the solution of any puzzle based upon the building up, arrangement, combination or permutation, of letters, words, or figures. **3.** **Interpretation.―For the purposes of this Act,―** (a) references to printing shall be construed as including references to writing and other modes of representing or re-producing letters, words or figures in a visible form; and (b) documents or other matters shall be deemed to be distributed if they are distributed to persons or places within or outside the territories to which this Act extends and the word distribution' shall be construed accordingly. **4.** **Prohibition of prize competitions where the prize offered exceeds one thousand rupees a** **month.―No person shall promote or conduct any prize competition or competitions in which the** total value of the prize or prizes (whether in cash or otherwise) to be offered in any month exceeds one thousand rupees; and in every prize competition, the number of entries shall not exceed two thousand. 1. Extended to and brought into force in Dadar and Nagar Haveli (w.e.f. 1.7.65) by Reg. 6 of 1963, s. 2 & Sch. I. Extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 & sch. (w.e.f. 1-2-1965) Extended to the Union territory of Pondicherry by Act 26 of 1968, s.3 and Schedule. 2. 1st April, 1956, vide Notification No. S.R. O. 766, dated 31st March, 1956, Gazette of India, Extraordinary, Part II, sec. 3, 2. Ins. by A. O. (No. 3), 1956. 3. 1st April, 1956, vide Notification No. S.R.O. 766, dated 31st March, 1956, Gazette of India, Extraordinary, Part II, sec. 3. 2 ----- **5.** **Licensing of prize competitions where the prize offered does not exceed one thousand** **rupees a month.―Subject to the provisions of section 4, no person shall promote or conduct any** prize competition or competitions in which the total value of the prize or prizes (whether in cash or otherwise) to be offered in any month does not exceed one thousand rupees unless he has obtained in this behalf a licence granted in accordance with the provisions of this Act and the rules made thereunder. **6.** **Licences for prize competitions.―(1) Every person desiring to obtain a licence referred to in** section 5 shall make an application in writing to the licensing authority in such form and manner as may be prescribed. (2) On the receipt of such application, the licensing authority, after making such inquiry as it considers necessary, shall, by order in writing, either grant the licence or refuse to grant the licence. (3) Where the licensing authority refuses to grant a licence it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant. (4) The fees on payment of which, the period for which, the conditions subject to which, and the form in which, a licence may be granted shall be such as may be prescribed. **7.** **Promoters of prize competitions to keep accounts and submit the same to the licensing** **authority.―Every person who promotes or conducts a prize competition in accordance with the** provisions of this Act and the rules made thereunder shall keep accounts relating to such competition and submit to the licensing authority a statement of accounts in such form and at such intervals as may be prescribed. **8.** **Power to cancel or suspend licences.―(1) The licensing authority may, after giving the** holder of any licence under this Act a reasonable opportunity of being heard, cancel or suspend the licence on any one or more of the following grounds, namely:― (a) that there has been a breach of any of the conditions subject to which the licence was granted; (b) that the holder of the licence has contravened any of the provisions of section 7. (2) Whenever a licence is cancelled or suspended the licensing authority shall record a brief statement of the reasons for such cancellation or suspension and furnish a copy thereof to the person whose licence has been cancelled or suspended. **9.** **Penalty for promoting or conducting any prize competition in contravention of the** **provisions of sections 4 and 5.―If any person promotes or conducts any prize competition in** contravention of the provisions of section 4 or section 5, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. **10.** **Penalty for failure to keep and submit accounts.―If any person liable under section 7 to** keep accounts or to submit statements of accounts fails to keep accounts or to submit statements of accounts as required by that section or keeps accounts or submits statements of accounts which are false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, but nothing contained in this section shall affect the provisions contained in section 8. **11.** **Penalty for other offences in connection with prize competitions.―If any person with a** view to the promotion or conduct of any prize competition except in accordance with the provisions of a licence under this Act or in contravention of the provisions of this Act or in connection with any prize competition promoted or conducted except in accordance with such provisions― (a) prints or publishes any ticket, coupon or other document for use in the prize competition; or 3 ----- (b) sells or distributes or offers or advertises for sale or distribution, or has in his possession for the purpose of sale or distribution any ticket, coupon or other document for use in the prize competition; or (c) prints, publishes or distributes, or has in his possession for the purpose of publication or distribution, (i) any advertisement of the prize competition, or (ii) any list (whether complete or not) of prize winners in the prize competition, or (iii) any such matter descriptive of, or otherwise relating to, the prize competition as is calculated to act as an inducement to persons to participate in that prize competition or any other prize competition ; or (d) brings, or invites any person to send, into the territories to which this Act extends, for the purpose of sale or distribution, any ticket, coupon or other document for use in, or any advertisement of, the prize competition ; or (e) sends, or attempts to send, out of the territories to which this Act extends any money or valuable thing received in respect of the sale or distribution of any ticket, coupon or other document for use in the prize competition ; or (f) uses any premises, or causes or knowingly permits any premises to be used, for purposes connected with the promotion or conduct of the prize competition ; or (g) causes or procures or attempts to procure any person to do any of the above-mentioned acts, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. **12.** **Offences by Corporations.―(1) If any person guilty of an offence under this, Act is a** company, every person who at the time the offence was committed was in charge of, and was responsible to, the company, as well as the company, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance of, or is attributable to gross neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.―For the purposes of this section,―_ (a) “company” means a body corporate and includes a firm or other association of individuals ; and (b) “director” in relation to a firm means a partner in the firm. **13.** **Power of licensing authority to call for and inspect accounts and documents.―The** licensing authority may― (a) require any person promoting or conducting a prize competition to produce before it the accounts and other documents kept by such person or to furnish to it such other information relating to the prize competition as it may require; (b) inspect at all reasonable times the accounts and other documents kept by such person. 4 ----- **14.** **Power of entry and search.―(1) It shall be lawful for any police-officer not below the rank** of Sub-inspector authorised by the State Government in this behalf by general or special order in writing,― (a) to enter if necessary by force, whether by day or night, with such assistants as he considers necessary, any premises which he has reason to suspect, are being used for purposes connected with the promotion or conduct of any prize competition in contravention of the provisions of this Act; (b) to search the premises and the persons whom he may find herein; (c) to take into custody and produce before a Magistrate all such persons as are concerned or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of their having been concerned with the user of such premises for purposes connected with, or with the promotion or conduct of, any prize competition in contravention of the provisions of this Act; and (d) to seize all things found therein which are intended to be used or reasonably suspected to have been used in connection with such prize competition. (2) All searches under this section shall be made in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898). **15.** **Forfeiture newspapers and publications containing prize competitions.―Where any** newspaper or other publication contains any prize competition promoted or conducted in contravention of the provisions of this Act or except in accordance with the provisions of licence under this Act or any advertisement in relation thereto, the State Government may, by notification in the Official Gazette, declare every copy of the newspaper and every copy of the publication containing the prize competition or the advertisement, to be forfeited to Government. **16.** **Appeals.―Any person aggrieved by the decision of the licensing authority refusing to grant a** licence or cancelling or suspending a licence may, within such time as may be prescribed, prefer an appeal to the State Government and the decision of the State Government on such appeal shall be final. **17.** **Licensing authority and other officers to be public servants.―The licensing authority and** any other officer acting under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **18.** **Jurisdiction to try offences.―No Court inferior to that of a Presidency Magistrate or a** Magistrate of the first class shall try any offence under this Act. **19.** **Protection of action taken under this act.―No suit, prosecution or other legal proceeding** shall lie against the licensing authority or any other officer of the Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. **20.** **Power to make rules.―(1) The State Government may, by notification in the Official** Gazette, and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:― (a) the form and manner of application for a licence and the fees, if any, for such licence; (b) the period for which, the conditions subject to which and the form in which, a licence may be granted; (c) the form in which and the intervals at which statements of accounts shall be submitted to the licensing authority; (d) the time within which an appeal against a decision of the licensing authority may be preferred to the State Government; (e) any other matter which is to be or may be prescribed. 5 -----

20-Dec-1955

45

The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955

https://www.indiacode.nic.in/bitstream/123456789/1504/1/AAA1955__45.pdf

central

# THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OFSERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955 __________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and extent. 2. Definitions. CHAPTER II WORKING JOURNALISTS 3. Act 14 of 1947 to apply to working journalists. 4. Special provisions in respect of certain cases of retrenchment. 5. Payment of gratuity. 5A. Nomination by working journalist. 6. Hours of work. 7. Leave. 8. Fixation or revision of rates of wages. 9. Procedure for fixing and revising rates of wages. 10. Recommendation by Board. 11. Powers and procedure of the Board. 12. Powers of Central Government to enforce recommendations of the Wage Board. 13. Working journalists entitled to wages at rates not less than those specified in the order. 13A.Power of Government to fix interim rates of wages. 13AA. Constitution of Tribunal for fixing or revising rates of wages in respect of working journalists. CHAPTER IIA NON-JOURNALIST NEWSPAPER EMPLOYEES 13B. Fixation or revision of rates of wages of non-journalist newspaper employees. 13C. Wage Board for fixing or revising rates of wages in respect of non-journalist newspaper employees. 13D. Application of certain provisions. 13DD. Constitution of Tribunal for fixing or revising rates of wages in respect of non-journalist newspaper employees. CHAPTER III APPLICATION OF CERTAIN ACTS TO NEWSPAPER EMPLOYEES 14. Act 20 of 1946 to apply to newspaper establishments. 15. Act 19 of 1952 to apply to newspaper establishments. 1 ----- CHAPTER IV MISCELLANEOUS 16. Effect of laws and agreements inconsistent with this Act. 16A. Employer not to dismiss, discharge, etc., newspaper employees. 17. Recovery of money due from an employer. 17A. Maintenance of registers, records, and muster-rolls. 17B. Inspectors. 18. Penalty. 19. Indemnity. 19A. Defects in appointments not to invalidate acts. 19B. Saving. 20. Power to make rules. 21. [Repealed.] THE SCHEDULE. 2 ----- # THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OFSERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955 ACT NO. 45 OF 1955[1] [20th December, 1955.] # An Act to regulate certain conditions of service of working journalists and other persons employed in newspaper establishments. BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and extent.—(1) This Act may be called the** [2][Working Journalists and other Newspaper Employees] (Conditions of Service) and Miscellaneous Provisions Act, 1955. (2) It extends to the whole of India [3]***. **2. Definitions.—In this Act, unless the context otherwise requires,—** 4[(a) “Board” means— (i) in relation to working journalists, the Wage Board constituted under section 9; and (ii) in relation to non-journalist newspaper employees, the Wage Board constituted under section 13C;] (b) “newspaper” means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as may, from time to time, be notified in this behalf by the Central Government in the Official Gazette; (c) “newspaper employee” means any working journalist, and includes any other person employed to do any work in, or in relation to, any newspaper establishment; (d) “newspaper establishment” means an establishment under the control of any person or body or persons, whether incorporated or not, for the production or publication of one or more newspapers or for conducting any news agency or syndicate; 5[and includes newspaper establishments specified as one establishment under the Schedule. _Explanation.—For the purposes of this clause,—_ (a) different departments, branches and centres of newspaper establishments shall be treated as parts thereof; (b) a printing press shall be deemed to be a newspaper establishment if the principal business thereof is to print newspaper;] 6[dd) “non-journalist newspaper employee” means a person employed to do any work in, or in relation to, any newspaper establishment, but does not include any such person who— (i) is a working journalist, or (ii) is employed mainly in a managerial or administrative capacity, or 1. Extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule (w.e.f. 1-2-1965) and to Pondicherry by Act 26 of 1968, s. 3 and the Schedule. 2. Subs. by Act 60 of 1974, s. 2, for “Working Journalists” 3. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule. 4. Subs. by Act 60 of 1974, s. 3, for clause (a). 5. Ins. by Act 31 of 1989, s. 2 (retrospectively). 6. Ins. by Act 60 of 1974, s. 3. 3 ----- (iii) being employed in a supervisory capacity, performs, either by the nature of the duties attached to his office or by reason of the powers vested in him, functions mainly of a managerial nature;] (e) “prescribed” means prescribed by rules made under this Act; 1[(ee) “Tribunal” means,— (i) in relation to working journalists, the Tribunal constituted under section 13AA; and (ii) in relation to non-journalist newspaper employees, the Tribunal constituted under section 13DD;] 2[(eee) “wages” means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a newspaper employee in respect of his employment or of work done in such employment, and includes— (i) such allowances (including dearness allowance) as the newspaper employee is for the time being entitled to; (ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of food-grains or other articles; (iii) any travelling concession, but does not include— (a) any bonus; (b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the newspaper employee under any law for the time being in force; (c) any gratuity payable on the termination of his service. _Explanation.—In this clause, the term “wages” shall also include new allowances, if any, of any_ description fixed from time to time.] (f) “working journalist” means a person whose principal avocation is that of a journalist and 3[who is employed as such, either whole-time or part-time, in, or in relation to, one or more newspaper establishments], and includes an editor, a leader-writer, news-editor, sub-editor, featurewriter, copy-tester, reporter, correspondent, cartoonist, news photographer and proof-reader, but does not include any such person who— (i) is employed mainly in a managerial or administrative capacity, or (ii) being employed in a supervisory capacity, performs, either by the nature of the duties attached to his office or by reason of the powers vested in him, functions mainly of a managerial nature; (g) all words and expressions used but not defined in this Act and defined in the Industrial Disputes Act, 1947 (14 of 1947) shall have the meanings respectively assigned to them in that Act. CHAPTER II WORKING JOURNALISTS **3. Act 14 of 1947 to apply to working journalists.—(1) The provisions of the Industrial Disputes** Act, 1947, as in force for the time being, shall, subject to the modification specified in sub-section (2), apply to, or in relation to, working journalists as they apply to, or in relation to, workmen within the meaning of that Act. 1. Ins. by Act 6 of 1979, s. 2 (w.e.f. 31-1-1979). 2. Ins. by Act 31 of 1989, s. 2 (retrospectively). 3. Subs. by Act 36 of 1981, s. 2, for “who is employed as such in, or in relation to, any newspaper establishment” (w.e.f. 13-8-1980). 4 ----- (2) Section 25F of the aforesaid Act, in its application to working journalists, shall be construed as if in clause (a) thereof, for the period of notice referred to therein in relation to the retrenchment of a workman, the following periods of notice in relation to the retrenchment of a working journalist had been substituted, namely:— (a) six months, in the case of an editor, and (b) three months, in the case of any other working journalist. **4. Special provisions in respect of certain cases of retrenchment.—Where at any time between the** 14th day of July, 1954, and the 12th day of March, 1955, any working journalist had been retrenched, he shall be entitled to receive from the employer— (a) wages for one month at the rate to which he was entitled immediately before his retrenchment, unless he had been given one month's notice in writing before such retrenchment; and (b) compensation which shall be equivalent to fifteen days’ average pay for every completed year of service under that employer or any part thereof in excess of six months. 1[5. Payment of gratuity.—(1) Where— (a) any working journalist has been in continuous service, whether before or after the commencement of this Act, for not less than three years in any newspaper establishment, and— (i) his services are terminated by the employer in relation to that newspaper establishment for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action; or (ii) he retires from service on reaching the age of superannuation; or (b) any working journalist has been in continuous service, whether before or after the commencement of this Act, for not less than ten years in any newspaper establishment, and he voluntarily resigns on or after the 1st day of July, 1961, from service in that newspaper establishment on any ground whatsoever other than on the ground of conscience; or (c) any working journalist has been in continuous service, whether before or after the commencement of this Act for not less than three years in any newspaper establishment, and he voluntarily resigns on or after the 1st day of July, 1961, from service in that establishment on the ground of conscience; or (d) any working journalist dies while he is in service in any newspaper establishment; the working journalist or, in the case of his death, his nominee or nominees or, if there is no nomination in force at the time of the death of the working journalist, his family, as the case may be, shall, without prejudice to any benefits or rights accruing under the Industrial Disputes Act, 1947 (14 of 1947), be paid, on such termination, retirement, resignation or death, by the employer in relation to that establishment gratuity which shall be equivalent to fifteen days’ average pay for every completed year of service or any part thereof in excess of six months: Provided that in the case of a working journalist referred to in clause (b), the total amount of gratuity that shall be payable to him shall not exceed twelve and half month’s average pay: Provided further that where a working journalist is employed in any newspaper establishment wherein not more than six working journalists were employed on any day of the twelve months immediately preceding the commencement of this Act, the gratuity payable to a working journalist employed in any such newspaper establishment for any period of service before such commencement shall not be equivalent to fifteen days’ average pay for every completed year of service or any part thereof in excess of six months but shall be equivalent to— (a) three days’ average pay for every completed year of service or any part thereof in excess of six months, if the period of such past service does not exceed five years; 1. Subs. by Act 65 of 1952, s. 3, for section 5 (w.e.f. 15-1-1963). 5 ----- (b) five days’ average pay for every completed year of service or any part thereof in excess of six months, if the period of such past service exceeds five years but does not exceed ten years; and (c) seven days’ average pay for every completed year of service or any part thereof in excess of six months, if the period of such past service exceeds ten years. _Explanation.—For the purposes of this sub-section and sub-section (1) of section 17, “family”_ means— (i) in the case of a male working journalist, his widow, children, whether married or unmarried, and his dependent parents and the widow and children of his deceased son: Provided that a widow shall not be deemed to be a member of the family of the working journalist if at the time of his death she was not legally entitled to be maintained by him; (ii) in the case of a female working journalist, her husband, children, whether married or unmarried, and the dependent parents of the working journalist or of her husband, and the widow and children of her deceased son: Provided that if the working journalist has expressed her desire to exclude her husband from the family, the husband and his dependent parents shall not be deemed to be a part of the working journalist’s family, and in either of the above two cases, if the child of a working journalist or of a deceased son of a working journalist has been adopted by another person and if under the personal law of the adopter, adoption is legally recognised, such a child shall not be considered as a member of the family of the working journalist. (2) Any dispute whether a working journalist has voluntarily resigned from service in any newspaper establishment on the ground of conscience shall be deemed to be an industrial dispute within the meaning of the Industrial Disputes Act, 1947 (14 of 1947) or any corresponding law relating to investigation and settlement of industrial disputes in force in any State. (3) Where a nominee is a minor and the gratuity under sub-section (1) has become payable during his minority, it shall be paid to a person appointed under sub-section (3) of section 5A: Provided that where there is no such person, payment shall be made to any guardian of the property of the minor appointed by a competent court or where no such guardian has been appointed, to either parent of the minor, or where neither parent is alive, to any other guardian of the minor: Provided further that where the gratuity is payable to two or more nominees, and either or any of them dies, the gratuity shall be paid to the surviving nominee or nominees. **5A. Nomination by working journalist.—(1) Notwithstanding anything contained in any law for the** time being in force, or in any disposition, testamentary or otherwise in respect of any gratuity payable to a working journalist, where a nomination made in the prescribed manner purports to confer on any person the right to receive payment of the gratuity for the time being due to the working journalist, the nominee shall, on the death of the working journalist, become entitled to the gratuity and to be paid the sum due in respect thereof to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner. (2) Any nomination referred to in sub-section (1) shall become void if the nominee predeceases, or where there are two or more nominees, all the nominees predecease, the working journalist making the nomination. (3) Where the nominee is a minor, it shall be lawful for the working journalist making the nomination to appoint any person in the prescribed manner to receive the gratuity in the event of his death during the minority of the nominee. **6. Hours of work.—(1) Subject to any rules that may be made under this Act, no working journalist** shall be required or allowed to work in any newspaper establishment for more than one hundred and forty-four hours during any period of four consecutive weeks, exclusive of the time for meals. 6 ----- (2) Every working journalist shall be allowed during any period of seven consecutive days rest for a period of not less than twenty-four consecutive hours, the period between 10 P.M. and 6 A.M. being included therein. _Explanation.—For the purposes of this section, “week” means a period of seven days beginning at_ mid-night on Saturday. **7. Leave.—Without prejudice to such holidays, casual leave or other kinds of leave as may be** prescribed, every working journalist shall be entitled to— (a) earned leave on full wages for not less than one-eleventh of the period spent on duty; (b) leave on medical certificate on one-half of the wages for not less than one-eighteenth of the period of service. 1[8.Fixation or revision of rates of wages.—(1) The Central Government may, in the manner hereinafter provided,— (a) fix rates of wages in respect of working journalists; (b) revise, from time to time, at such intervals as it may think fit, the rates of wages fixed under this section or specified in the order made under section 6 of the Working Journalists (Fixation of Rates of Wages) Act, 1958 (29 of 1958). (2) The rates of wages may be fixed or revised by the Central Government in respect of working journalists for time work and for piece work. **9. Procedure for fixing and revising rates of wages.—For the purpose of fixing or revising rates of** wages in respect of working journalists under this Act, the Central Government shall, as and when necessary, constitute a Wage Board which shall consist of— (a) [2][three persons] representing employers in relation to newspaper establishments; (b) [2][three persons] representing working journalists; (c) [3][four independent persons], one of whom shall be a person who is, or has been, a Judge of a High Court or the Supreme Court and who shall be appointed by that Government as the Chairman thereof. **10. Recommendation by Board.—(1) The Board shall, by notice published in such manner as it** thinks fit, call upon newspaper establishments and working journalists and other persons interested in the fixation or revision of rates of wages of working journalists to make such representations as they may think fit as respects the rates of wages which may be fixed or revised under this Act in respect of working journalists. (2) Every such representation shall be in writing and shall be made within such period as the Board may specify in the notice and shall state the rates of wages which, in the opinion of the person making the representation, would be reasonable, having regard to the capacity of the employer to pay the same or to any other circumstance, whichever may seem relevant to the person making the representation in relation to his representation. (3) The Board shall take into account the representations aforesaid, if any, and after examining the materials placed before it make such recommendations as it thinks fit to the Central Government for the fixation or revision of rates of wages in respect of working journalists; and any such recommendation may specify, whether prospectively or retrospectively, the date from which the rates of wages should take effect. (4) In making any recommendations to the Central Government, the Board shall have regard to the cost of living, the prevalent rates of wages for comparable employment, the circumstances relating to the 1. Subs. by Act 65 of 1962, s. 4, for sections 8 to 13 (w.e.f. 15-1-1963). 2. Subs. by Act 34 of 1996, s. 2, for “two persons” (w.e.f. 28-9-1996). 3. Subs. by s. 2, ibid., for “three independent persons” (w.e.f. 28-9-1996). 7 ----- newspaper industry in different regions of the country and to any other circumstances which to the Board may seem relevant. 1[Explanation.—For the removal of doubts, it is hereby declared that nothing in this sub-section shall prevent the Board from making recommendations for fixation or revision of rates of wages on all India basis.] **11. Powers and procedure of the Board.—(1) Subject to the provisions contained in sub-section** (2), the Board may exercise all or any of the powers which an Industrial Tribunal constituted under the Industrial Disputes Act, 1947 (14 of 1947), exercises for the adjudication of an industrial dispute referred to it and shall, subject to the provisions contained in this Act, and the rules, if any, made thereunder, have power to regulate its own procedure. (2) Any representations made to the Board and any documents furnished to it by way of evidence shall be open to inspection on payment of such fee as may be prescribed, by any person interested in the matter. (3) If, for any reason, a vacancy occurs in the office of Chairman or any other member of the Board, the Central Government shall fill the vacancy by appointing another person thereto in accordance with the provisions of section 9 and any proceeding may be continued before the Board so reconstituted from the stage at which the vacancy occurred. **12. Powers of Central Government to enforce recommendations of the Wage Board.—(1) As** soon as may be, after the receipt of the recommendations of the Board, the Central Government shall make an order in terms of the recommendations or subject to such modifications, if any, as it thinks fit, being modifications which, in the opinion of the Central Government, do not effect important alterations in the character of the recommendations. (2) Notwithstanding anything contained in sub-section (1), the Central Government may, if it thinks fit,— (a) make such modifications in the recommendations, not being modifications of the nature referred to in sub-section (1), as it thinks fit: Provided that before making any such modifications, the Central Government shall cause notice to be given to all persons likely to be affected thereby in such manner as may be prescribed, and shall take into account any representations which they may make in this behalf in writing; or (b) refer the recommendations or any part thereof to the Board, in which case, the Central Government shall consider its further recommendations and make an order either in terms of the recommendations or with such modifications of the nature referred to in sub-section (1) as it thinks fit. (3) Every order made by the Central Government under this section shall be published in the Official Gazette together with the recommendations of the Board relating to the order and the order shall come into operation on the date of publication or on such date, whether prospectively or retrospectively, as may be specified in the order. **13. Working journalists entitled to wages at rates not less than those specified in the order.—On** the coming into operation of an order of the Central Government under section 12, every working journalist shall be entitled to be paid by his employer wages at the rate which shall in no case be less than the rate of wages specified in the order. **13A. Power of Government to fix interim rates of wages.—(1) Notwithstanding anything** contained in this Act, where the Central Government is of opinion that it is necessary so to do, it may, after consultation with the Board, by notification in the Official Gazette, fix interim rates of wages in respect of working journalists. 1. The Explanation added by Act 31 of 1989, s. 3. 8 ----- (2) Any interim rates of wages so fixed shall be binding on all employers in relation to newspaper establishments and every working journalist shall be entitled to be paid wages at a rate which shall, in no case, be less than the interim rates of wages fixed under sub-section (1). (3) Any interim rates of wages fixed under sub-section (1) shall remain in force until the order of the Central Government under section 12 comes into operation.] **1[13AA. Constitution of Tribunal for fixing or revising rates of wages in respect of working** **journalists.—(1) Notwithstanding anything contained in this Act, where the Central Government is of** opinion that the Board constituted under section 9 for the purpose of fixing or revising rates of wages in respect of working journalists under this Act has not been able to function (for any reason whatsoever) effectively, and in the circumstances, it is necessary so to do, it may, by notification in the Official Gazette, constitute a Tribunal, which shall consist of a person who is, or has been, a Judge of a High Court or the Supreme Court, for the purpose of fixing or revising rates of wages in respect of working journalists under this Act. (2) The provisions of sections 10 to 13A shall apply to, and in relation to, the Tribunal constituted under sub-section (1) of this section, the Central Government and working journalists, subject to the modifications that— (a) the references to the Board therein, wherever they occur, shall be construed as references to the Tribunal; (b) in sub-section (3) of section 11,— (i) the reference to the office of Chairman or any other member of the Board shall be construed as a reference to the office of the person constituting the Tribunal; and (ii) the reference to section 9 shall be construed as a reference to sub-section (1) of this section; and (c) the references in section 13 and section 13A to section 12 shall be construed as references to section 12 read with this section. (3) The Tribunal, in discharging its functions under this Act, may act on, the evidence recorded by the Wage Board or partly recorded by the Wage Board and partly recorded by itself: Provided that if the Tribunal is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as it may permit, the witness shall be discharged. (4) On the constitution of a Tribunal under sub-section (1), the Board constituted under section 9 and functioning immediately before such constitution shall cease to exist and the members constituting that Board shall be deemed to have vacated their offices: Provided that any interim rates of wages fixed by the Central Government under section 13A in respect of working journalists and in force immediately before the constitution of the Tribunal shall remain in force until the order of the Central Government under section 12 read with this section comes into operation.] 2[CHAPTER IIA NON-JOURNALIST NEWSPAPER EMPLOYEES **13B. Fixation or revision of rates of wages of non-journalist newspaper employees.—(1) The** Central Government may, in the manner hereinafter provided,— (a) fix rates of wages in respect of non-journalist newspaper employees; and (b) revise, from time to time, at such intervals as it may think fit, the rates of wages fixed under this section. 1. Ins. by Act 6 of 1979, s. 3. (w.e.f. 31-1-1979). 2. Ins. by Act 60 of 1974, s. 4. 9 ----- (2) The rates of wages may be fixed or revised by the Central Government in respect of non-journalist newspaper employees for time work and for piece work. **13C. Wage Board for fixing or revising rates of wages in respect of non-journalist newspaper** **employees.—For the purpose of fixing or revising rates of wages in respect of non-journalist newspaper** employees under this Act, the Central Government shall, as and when necessary, constitute a Wage Board which shall consist of— (a) [1][three persons] representing employers in relation to newspaper establishments; (b) [1][three persons] representing non-journalist newspaper employees; and (c) [2][four independent persons], one of whom shall be a person who is, or has been, a Judge of a High Court or the Supreme Court and who shall be appointed by that Government as the Chairman thereof. **13D. Application of certain provisions.—The provisions of sections 10 to 13A shall apply to, and in** relation to, the Board constituted under section 13C, the Central Government and non-journalist newspaper employees, subject to the modifications that— (a) the references to the Board and working journalists therein, wherever they occur, shall be construed respectively as references to the Board constituted under section 13C and to non-journalist newspaper employees; (b) the references in sub-section (3) of section 11 to section 9 shall be construed as a reference to section 13C; and (c) the references in section 13 and section 13A to section 12 shall be construed as references to section 12 read with this section.] 3[13DD. Constitution of Tribunal for fixing or revising rates of wages in respect of non **journalist newspaper employees.—(1) Notwithstanding anything contained in this Act, where the** Central Government is of opinion that the Board constituted under section 13C for the purpose of fixing or revising rates of wages in respect of non-journalist newspaper employees under this Act has not been able to function (for any reason whatsoever) effectively, and in the circumstances, it is necessary so to do, it may, by notification in the Official Gazette, constitute a Tribunal, which shall consist of a person who is, or has been, a Judge of a High Court or the Supreme Court, for the purpose of fixing or revising rates of wages in respect of non-journalist newspaper employees under this Act. (2) The provisions of sections 10 to 13A shall apply to, and in relation to, the Tribunal constituted under sub-section (1) of this section, the Central Government and non-journalist newspaper employees, subject to the modifications that— (a) the references to the Board and working journalists therein, wherever they occur, shall be construed respectively as references to the Tribunal and to non-journalist newspaper employees; (b) in sub-section (3) of section 11,— (i) the reference to the office of Chairman or any other member of the Board shall be construed as a reference to the office of the person constituting the Tribunal; and (ii) the reference to section 9 shall be construed as a reference to sub-section (1) of this section; and (c) the references in section 13 and section 13A to section 12 shall be construed as references to section 12 read with this section. (3) The Tribunal, in discharging its functions under this Act, may act on the evidence recorded by the Wage Board or partly recorded by the Wage Board and partly recorded by itself: Provided that if the Tribunal is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may re-summon any such 1. Subs. by Act 34 of 1996, s. 3, for “two persons” (w.e.f. 28-9-1996). 2. Subs. by s. 3, ibid., for “three independent persons” (w.e.f. 28-9-1996). 3. Ins. by Act 6 of 1979, s. 4 (w.e.f. 31-1-1979). 10 ----- witness, and after such further examination, cross-examination and re-examination, if any, as it may permit, the witness shall be discharged. (4) On the constitution of a Tribunal under sub-section (1), the Board constituted under section 13C and functioning immediately before such constitution shall cease to exist and the members constituting that Board shall be deemed to have vacated their offices: Provided that any interim rates of wages fixed by the Central Government under section 13A read with section 13D in respect of non-journalist newspaper employees and in force immediately before the constitution of the Tribunal shall remain in force until the order of the Central Government under section 12 read with this section comes into operation.] CHAPTER III APPLICATION OF CERTAIN ACTS TO NEWSPAPER EMPLOYEES **14. Act 20 of 1946 to apply to newspaper establishments.—The provisions of the Industrial** Employment (Standing Orders) Act, 1946, as in force for the time being, shall apply to every newspaper establishment wherein twenty or more newspaper employees are employed or were employed on any day of the preceding twelve months as if such newspaper establishment were an industrial establishment to which the aforesaid Act has been applied by a notification under sub-section (3) of section 1 thereof, and as if a newspaper employee were a workman within the meaning of that Act. **15. Act 19 of 1952 to apply to newspaper establishments.—The Employees’ Provident Funds [1][and** Miscellaneous Provisions] Act, 1952, as in force for the time being, shall apply to every newspaper establishment in which twenty or more persons are employed on any day, as if such newspaper establishment were a factory to which the aforesaid Act had been applied by a notification of the Central Government under sub-section (3) of section 1 thereof, and as if a newspaper employee were an employee within the meaning of that Act. CHAPTER IV MISCELLANEOUS **16. Effect of laws and agreements inconsistent with this Act.—(1) The provisions of this Act shall** have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the commencement of this Act: Provided that where under any such award, agreement, contract of service or otherwise, a newspaper employee is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the newspaper employee shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Act. (2) Nothing contained in this Act shall be construed to preclude any newspaper employee from entering into an agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Act. **2[16A. Employer not to dismiss, discharge, etc., newspaper employees.—No employer in relation** to a newspaper establishment shall, by reason of his liability for payment of wages to newspaper employees at the rates specified in an order of the Central Government under section 12, or under section 12 read with section 13AA or section 13DD, dismiss, discharge or retrench any newspaper employee.] **3[17. Recovery of money due from an employer.—(1) Where any amount is due under this Act to a** newspaper employee from an employer, the newspaper employee himself, or any person authorised by him in writing in this behalf, or in the case of the death of the employee, any member of his family may, without prejudice to any other mode of recovery, make an application to the State Government for the recovery of the amount due to him, and if the State Government, or such authority, as the State 1. Subs. by Act 99 of 1976, s. 17, for “and Family Pension Fund” (w.e.f. 1-8-1976). 2. Ins. by Act 36 of 1981, s. 3 (w.e.f. 13-8-1980). 3. Subs. by Act 65 of 1962, s. 5, for section 17 (w.e.f. 15-1-1963). 11 ----- Government may specify in this behalf, is satisfied that any amount is so due, it shall issue a certificate for that amount to the Collector, and the Collector shall proceed to recover that amount in the same manner as an arrear of land revenue. (2) If any question arises as to the amount due under this Act to a newspaper employee from his employer, the State Government may, on its own motion or upon application made to it, refer the question to any Labour Court constituted by it under the Industrial Disputes Act, 1947 (14 of 1947) or under any corresponding law relating to investigation and settlement of industrial disputes in force in the State and the said Act or law shall have effect in relation to the Labour Court as if the question so referred were a matter referred to the Labour Court for adjudication under that Act or law. (3) The decision of the Labour Court shall be forwarded by it to the State Government which made the reference and any amount found due by the Labour Court may be recovered in the manner provided in sub-section (1). **17A. Maintenance of registers, records, and muster-rolls.—Every employer in relation to a** newspaper establishment shall prepare and maintain such registers, records and muster-rolls and in such manner as may be prescribed. **17B. Inspectors.—(1) The State Government may, by notification in the Official Gazette, appoint** such persons as it thinks fit to be Inspectors for the purposes of this Act and may define the local limits within which they shall exercise their functions. (2) Any Inspector appointed under sub-section (1) may for the purpose of ascertaining whether any of the provisions of this Act or of the Working Journalists (Fixation of Rates of Wages) Act, 1958 (29 of 1958) have been complied with in respect of a newspaper establishment— (a) require an employer to furnish such information as he may consider necessary; (b) at any reasonable time enter any newspaper establishment or any premises connected therewith and require any one found in charge thereof to produce before him for examination any accounts, books, registers and other documents relating to the employment of persons or the payment of wages in the establishment; (c) examine with respect to any matter relevant to any of the purposes aforesaid, the employer, his agent or servant or any other person found in charge of the newspaper establishment or any premises connected therewith or any person whom the Inspector has reasonable cause to believe to be or to have been an employee in the establishment; (d) make copies of or take extracts from any book, register or other documents maintained in relation to the newspaper establishment; (e) exercise such other powers as may be prescribed. (3) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). (4) Any person required to produce any document or thing or to give information by an Inspector under sub-section (2) shall be legally bound to do so.] **18. Penalty.—[1][(1) If any employer contravenes any of the provisions of this Act or any rule or order** made thereunder, he shall be punishable with fine which may extend to two hundred rupees. (1A) Whoever, having been convicted of any offence under this Act, is again convicted of an offence involving the contravention of the same provision, shall be punishable with fine which may extend to five hundred rupees. (1B) Where an offence has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 1. Subs. by Act 65 of 1962, s. 6, for sub-section (1) (w.e.f. 15-1-1993). 12 ----- Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this section if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (1C) Notwithstanding anything contained in sub-section (1B), where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to, any gross negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly. (1D) Forthe purposes of this section,— (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director” in relation to a firm means a partner in the firm.] (2) No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this section. (3) No Court shall take cognizance of an offence under this section, unless the complaint thereof is made within six months of the date on which the offence is alleged to have been committed. **19. Indemnity.—No suit, prosecution or other legal proceeding shall lie against the Chairman or any** other member of the Board [1][or the person contributing the Tribunal] [2][or an Inspector appointed under this Act] for anything which is in good faith done or intended to be done. 3[19A. Defects in appointments not to invalidate acts.—No act or proceeding of the Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of the Board. **19B. Saving.—Nothing in this Act or the Working Journalists (Fixation of Rates of Wages) Act,** 1958 (29 of 1958) shall apply to [4][any newspaper employee] who is an employee of the Government to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the Central Government in the Official Gazette, apply.] **20. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) payment of gratuity to working journalists; (b) hours of work of working journalists; (c) holidays, earned leave, leave on medical certificate, casual leave or any other kind of leave admissible to working journalists; 5[(d) the procedure to be followed by the Board 6[or, as the case may be, the Tribunal,] in the discharge of its functions under this Act; (e) the form of nominations, and the manner in which nominations may be made; 1. Ins. by Act 6 of 1979, s. 5 (w.e.f. 31-1-1979). 2. Ins. by Act 65 of 1962, s. 7 (w.e.f. 15-1-1963). 3. Ins. by s. 8, ibid. (w.e.f. 15-1-1963). 4. Subs. by Act 60 of 1974, s. 5. 5. Subs. by Act 65 of 1962, s. 9, for clauses (d), (e) and (f) (w.e.f. 15-1-1963). 6. Ins. by Act 6 of 1979, s. 6 (w.e.f. 31-1-1979). 13 ----- (f) the manner in which any person may be appointed for the purposes of sub-section (3) of section 5A; (g) the variation or cancellation of nominations; (h) the manner of giving notice under clause (a) of sub-section (2) of section 12; (i) the registers, records and muster-rolls to be prepared and maintained by newspaper establishments, the forms in which they should be prepared and maintained and the particulars to be entered therein; (j) the powers that may be exercised by an Inspector; (k) any other matter which has to be, or may be, prescribed.] 1[(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session [2][or in two or more successive sessions], and if before the expiry of the session [3][immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 21. [Repeal of Act 1 of 1955].—Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and _the First Schedule._ _____ 1. Subs. by Act 65 of 1962, s. 9, for sub-section (3) (w.e.f. 15-1-1963). 2. Subs. by Act 60 of 1974, s. 6, for “or in two successive sessions”. 3. Subs. by s. 6, ibid., for “in which it is so laid or the session immediately following”. 14 ----- 1[THE SCHEDULE [See section 2(d)] 1. For the purposes of clause (d) of section 2,— (1) two or more newspaper establishments under common control shall be deemed to be one newspaper establishment; (2) two or more newspaper establishments owned by an individual and his or her spouse shall be deemed to be one newspaper establishment unless it is shown that such spouse is a sole proprietor or partner or a shareholder of a corporate body on the basis of his or her own individual funds; (3) two or more newspaper establishments publishing newspapers bearing the same or similar title and in the same language in any place in India or bearing the same or similar title but in different languages in the same State or Union territory shall be deemed to be one newspaper establishment. 2. For the purposes of paragraph 1 (1), two or more establishments shall be deemed to be under common control— (a) (i) where the newspaper establishments are owned by a common individual or individuals; (ii) where the newspaper establishments are owned by firms, if such firms have a substantial number of common partners; (iii) where the newspaper establishments are owned by bodies corporate, if one body corporate is a subsidiary of the other body corporate, or both are subsidiaries of a common holding company or a substantial number of their equity shares are owned by the same person or group of persons, whether incorporated or not; (iv) where one establishment is owned by a body corporate and the other is owned by a firm, if a substantial number of partners of the firm together hold a substantial number of equity shares of the body corporate; (v) where one is owned by a body corporate and the other is owned by a firm having bodies corporate as its partners if a substantial number of equity shares of such bodies corporate are owned, directly or indirectly, by the same person or group of persons, whether incorporated or not, or (b) where there is functional integrality between concerned newspaper establishments.] 1. Ins. by Act 31 of 1989, s. 4. 15 -----

30-Dec-1955

56

The Manipur (Courts) Act, 1955

https://www.indiacode.nic.in/bitstream/123456789/1512/1/195556.pdf

central

THE MANIPUR (COURTS) ACT, 1955 _________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II COURT OF THE JUDICAL COMMISSIONER 3. Establishment of the Court of the Judicial Commissioner. 4. Appointment of Judicial Commissioner and Additional Judicial Commissioner. 5. Casual vacancy in the office of the Judicial Commissioner. 6. Rank, precedence and responsibility of Judicial Commissioner. 7. Exercising of jurisdiction by Judicial Commissioner and Additional Judicial Commissioner. 8. Civil and criminal jurisdiction of the Court of the Judicial Commissioner. 9. Registrar and ministerial officers of the Court of the Judicial Commissioner. 10. Superintendence and control of subordinate court. 11. Registers, books, accounts and statements to be kept by the Judicial Commissioner. 12. Procedure of the Court of the Judicial Commissioner. 13. Admission and removal of advocates, vakils and pleaders. 14. Court of the Judicial Commissioner to be a court of record. 15. Place of sitting of the Court of the Judicial Commissioner. CHAPTER III SUBORDINATE COURTS 16. Classes of subordinate civil courts. 17. Civil districts and district judges. 18. Additional district judges. 19. Subordinate judges and munsiffs. 20. District court to be principal civil court of original jurisdiction. 21. Original jurisdiction of district courts. 22. Original jurisdiction of courts of subordinate judges and munsiffs. 1 ----- SECTIONS 23. Local limits of the jurisdiction of courts of subordinate judges and munsiffs. 24. Small causes jurisdiction of subordinate judges and munsiffs. 25. Exercise by subordinate judges and munsiffs of jurisdiction of district courts in certain proceedings. 26. Place of sittings of courts. 27. Administrative control of courts. 28. District Judge's power to distribute business. 29. Seals of courts. 30. Ministerial officers of the courts. 31. Delegation of powers of district judges and district courts in certain cases. 32. Appeals from original decrees. 33. Appeals from appellate decrees. 34. Revisional powers of the Court of the Judicial Commissioner. 35. Court fees payable on applications for revision. 36. Temporary vacancy in the office of district judge. 37. Delegation of powers of district judges. 38. Temporary vacancy in the office of a subordinate judge or munsiff. CHAPTER IV SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS 39. Power to confer powers of civil courts on officers in Hill Areas and procedure before the courts of such officers. 40. Power of the Judicial Commissioner to make rules. 41. Presiding officers of courts not to try suits and cases in which they are interested. 42. Certain decisions to be according to custom or personal law. 43. Holidays. 44. Pending proceedings. 45. Repeals and savings. 46. Declaration of the Judicial Commissioner's Court as a High Court for certain purposes. 2 ----- THE MANIPUR (COURTS) ACT, 1955 ACT NO. 56 OF 1955 [30th December, 1955.] # An Act to provide for the establishment of a Judicial Commissioner’s Court and other Courts in Manipur. BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Manipur (Courts) Act,** 1955. (2) It extends to the whole of the [1][Union territory of Manipur]. (3) It shall come into force on such date[2] as the Chief Commissioner may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (i) “Chief Commissioner” means the Chief Commissioner of Manipur; (ii) “civil suit” includes every suit of a civil nature not expressly or impliedly classed otherwise by any law for the time being in force; (iii) “district court” means the court of the district judge and includes the court of the additional district judge; (iv) “hill areas” mean such areas in the hill tracts of the [1][Union territory of Manipur] as the Chief Commissioner may, by notification in the Official Gazette, declare to be hill areas; (v) “small cause suit” means a suit of the nature cognizable by a court of small causes under the Provincial Small Cause Courts Act, 1887(9 of 1887); (vi) “value” in relation to a suit means the amount or value of the subject-matter of the suit. CHAPTER II COURTOF THE JUDICIAL COMMISSIONER **3. Establishment of the Court of the Judicial Commissioner.—There shall be established for the** 1[Union territory of Manipur] a court to be known as the Court of the Judicial Commissioner for Manipur which shall consist of the Judicial Commissioner and the Additional Judicial Commissioner, if any. **4. Appointment of Judicial Commissioner and Additional Judicial Commissioner.—(1) The** Judicial Commissioner and the Additional Judicial Commissioner, if any, shall be appointed by, and shall hold office during the pleasure of, the President. (2) A person shall not be appointed as Judicial Commissioner or Additional Judicial Commissioner unless he is qualified to be appointed as a Judge of a High Court under clause (2) of article 217 of the Constitution or unless he was, immediately before the commencement of this Act, the Judicial Commissioner of Manipur. **5. Casual vacancy in the office of the Judicial Commissioner.— On the occurrence of a vacancy in** the office of the Judicial Commissioner, the Additional Judicial Commissioner, if any, or if there is no Additional Judicial Commissioner, the senior-most district judge shall, pending the appointment of the Judicial Commissioner, act as the Judicial Commissioner. 1. Subs. by A.O. (No. 3), 1956 for “State of Manipur” (w.e.f. 1-3-1956). 2. 1st March, 1956, vide Chief Commissioner, Manipur’s notification No. J/12/1956, dated 3rd February, 1956. 3 ----- **6. Rank, precedence and responsibility of Judicial Commissioner.—The Judicial Commissioner** shall have rank and precedence before the Additional Judicial Commissioner and shall be responsible for the administration of, and generally for the distribution of business in, the Court of the Judicial Commissioner. **7. Exercising of jurisdiction by Judicial Commissioner and Additional Judicial Commissioner.—** Subject to such orders as the Judicial Commissioner may make as regards the distribution of business between himself and the Additional Judicial Commissioner, the jurisdiction of the Court of the Judicial Commissioner may be exercised by the Judicial Commissioner or by the Additional Judicial Commissioner. **8. Civil and criminal jurisdiction of the Court of the Judicial Commissioner.—Save as otherwise** provided by this Act or any other law for the time being in force, the Court of the Judicial Commissioner shall, with reference to any civil or criminal proceeding under any law for the time being in force in the 1[Union territory of Manipur], be the highest court of appeal, revision or reference. **9. Registrar and ministerial officers of the Court of the Judicial Commissioner.—(1) The Judicial** Commissioner may appoint a Registrar and such other ministerial officers as may be necessary for the administration of justice by the Court of the Judicial Commissioner and for the exercise of the powers and the performance of the duties conferred or imposed on the Court by or under this Act or any other law for the time being in force. (2) The Judicial Commissioner may make rules for delegating to the Registrar such powers and duties of a judicial, quasi-judicial or non-judicial nature as he thinks fit; and the ministerial officers shall exercise such powers and perform such duties of a quasi-judicial or non-judicial nature as the Judicial Commissioner may direct. **10. Superintendence and control of subordinate courts.—(1) The general superintendence and** control of all courts in the [1][Union territory of Manipur] shall vest in, and all such courts shall be subordinate to, the Court of the Judicial Commissioner. (2) In exercise of the powers of general superintendence and control vested in it but without prejudice to the generality of such powers, the Court of the Judicial Commissioner may,— (a) call for returns from such courts; (b) direct the transfer of any suit, proceeding, case or appeal from any subordinate court to any other court of equal or superior jurisdiction; (c) make rules and issue general directions and prescribe forms for regulating practice and procedure of subordinate courts; (d) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. **11. Registers, books, accounts and statements to be kept by the Judicial Commissioner.—(1) The** Court of the Judicial Commissioner shall keep such registers, books and accounts as may be necessary for the transaction of the business of the Court and shall forward to the Chief Commissioner such of these registers, books and accounts and such statements of the work done in the Court as may, from time to time, be required by the Chief Commissioner. (2) The Court of the Judicial Commissioner shall also comply with such requisitions as may be made by the Central Government or the Chief Commissioner for certified copies of, or extracts from, the records of the Court of the Judicial Commissioner or any court subordinate thereto. **12. Procedure of the Court of the Judicial Commissioner.—Notwithstanding anything contained in** the Code of Civil Procedure, 1908 (5 of 1908), or the Code of Criminal Procedure, 1898 (5 of 1898), the Court of the Judicial Commissioner shall record evidence and judgments in such manner and prescribe 1. Subs. by A.O. (No. 3), 1956 for “State of Manipur” (w.e.f. 1-3-1956). 4 ----- such forms to be used in proceedings before it, as it may direct by rules made by it with the sanction of the Chief Commissioner. **13. Admission and removal of advocates, vakils and pleaders.—(1) The Court of the Judicial** Commissioner may, subject to such rules as it may with the sanction of the Chief Commissioner make, admit proper persons to be advocates, vakils and pleaders in any court in the [1][Union territory of Manipur] and may remove or suspend from practice on reasonable cause any person so admitted and may authorize such advocates, vakils and pleaders to plead or to act or to plead and act for parties and accused persons. (2) No person other than an advocate, vakil or pleader shall be allowed to plead or to act for parties and accused persons except that any party may appear, plead or act on his own behalf or on behalf of another party if so authorized. **14. Court of the Judicial Commissioner to be a court of record.—The Court of the Judicial** Commissioner shall be a court of record and shall have all powers of such court including the power to punish for contempt of itself. **15. Place of sitting of the Court of the Judicial Commissioner.—The Court of the Judicial** Commissioner shall sit at Imphal or at such other place or places, if any, as the Judicial Commissioner may, with the approval of the Chief Commissioner, from time to time, appoint. CHAPTER III SUBORDINATE COURTS **16. Classes of subordinate civil courts.—In addition to the Court of the Judicial Commissioner and** the courts of small causes established under the Provincial Small Cause Courts Act, 1887 (IX of 1887), and the courts established under any other law for the time being in force, there shall be the following classes of civil courts in the [1][Union territory of Manipur], namely:— (i) the district court; (ii) the court of a subordinate judge; (iii) the court of a munsiff: Provided that the court of a subordinate judge shall be established only with effect from such date as the Chief Commissioner may, by notification in the Official Gazette, specify. **17. Civil districts and district judges.—(1) For the purposes of this Chapter, the Chief Commissioner** may, by notification in the Official Gazette, divide the [1][Union territory of Manipur] into civil districts and sub-divisions, alter the limits or the number of these districts and sub-divisions and determine the headquarters of each district and sub-division. (2) The Chief Commissioner shall, after consultation with the Judicial Commissioner, appoint as many persons as he thinks necessary to be district judges and shall post one of these persons to each district as district judge of that district: Provided that the same person may, if the Chief Commissioner thinks fit, be appointed to be district judge of two or more districts. **18. Additional district judges.—(1) When the business pending before the court of a district judge** requires the aid of an additional district judge for its speedy disposal, the Chief Commissioner may, after consultation with the Judicial Commissioner, appoint such number of additional district judges as may be necessary. (2) The additional district judges so appointed shall discharge any of the functions of a district judge which the district Judge may assign to them and in the discharge of those functions they shall exercise the same powers as the district judge. 1. Subs. by A.O. (No. 3), 1956 for “State of Manipur” (w.e.f. 1-3-1956). 5 ----- **19. Subordinate judges and munsiffs.—(1) The Chief Commissioner may, after consultation with the** Judicial Commissioner, fix the number of subordinate judges and munsiffs to be appointed and if there is a vacancy in that number, may, subject to the rules, if any, made under sub-section (2), appoint such person as is nominated by the Judicial Commissioner to the vacancy. (2) The Chief Commissioner may, after consultation with the Judicial Commissioner, make rules as to the qualifications of persons to be appointed as subordinate judges and munsiffs. **20. District court to be principal civil court of original jurisdiction.—The district court shall be** the principal civil court of original jurisdiction in the district. **21. Original jurisdiction of district courts.—Save as otherwise provided by any other law for the** time being in force, the district court, shall, subject to the provisions of section 15 of the Code of Civil Procedure, 1908 (5 of 1908), have original jurisdiction in all civil suits without limit as regards the value. **22. Original jurisdiction of courts of subordinate judges and munsiffs.—The jurisdiction in** original civil suits as regards the value to be exercised by a subordinate judge or a munsiff shall be determined by the Chief Commissioner in such manner as he thinks fit, after consultation with the Judicial Commissioner: Provided that in no case shall the jurisdiction of a munsiffbe without limit. **23. Local limits of the jurisdiction of courts of subordinate judges and munsiffs.—(1) The local** limits of the jurisdiction of the court of a subordinate judge or a munsiff shall be such as the Chief Commissioner may, by notification in the Official Gazette, define. (2) When the Chief Commissioner posts a subordinate judge to a district, the local limits of the district shall, in the absence of any direction to the contrary, be the local limits of his jurisdiction. **24. Small causes jurisdiction of subordinate judges and munsiffs.—The Judicial Commissioner** may, by notification in the Official Gazette, confer within such local limits as he thinks fit, upon any district judge, subordinate judge or munsiff, the jurisdiction of a judge of the court of small causes under the Provincial Small Cause Courts Act, 1887 (9 of 1887), for the trial of suits of the nature cognizable by such courts upto such value not exceeding five hundred rupees, as he thinks fit and may withdraw any jurisdiction so conferred. **25. Exercise by subordinate judges and munsiffs of jurisdiction of district courts in certain** **proceedings.—(1) The Judicial Commissioner may, by general or special order, authorize any subordinate** judge or munsiff to take cognizance of, or any district judge to transfer to a subordinate judge or a munsiff under his administrative control, any proceeding or class of proceedings specified in such order, under— (a) the Indian Succession Act, 1925 (39 1925); or (b) the Guardians and Wards Act, 1890 (8 of 1890); or (c) the Provincial Insolvency Act, 1920 (5 of 1920). (2) The district judge may withdraw any such proceeding taken cognizance of by, or transferred to, a subordinate judge or a munsiff and may either himself dispose of them or transfer it for disposal to any other competent court under his administrative control. (3) Proceedings taken cognizance of by, or transferred to, a subordinate judge or a munsiff under this section shall be disposed of by him subject to the rules applicable to like proceedings when disposed of by the district judge: Provided that an appeal from an order of the munsiff in any such proceedings shall lie to the district judge. (4) An appeal from the order of the district judge on appeal from the order of a munsiff under this section shall lie to the Court of the Judicial Commissioner if a further appeal from the order of the district judge is allowed by the law for the time being in force. **26. Place of sittings of courts.—(1) The Chief Commissioner may, by order, fix a place or places at** which any court constituted under this Chapter is to be held. 6 ----- (2) The place or places so fixed may be beyond the local limits of the jurisdiction of the court. (3) Save as otherwise provided by an order under this section, a court constituted under this Act may be held at any place within the local limits of its jurisdiction. **27. Administrative control of courts.—Subject to the general superintendence and control of the** Court of the Judicial Commissioner, the district judge shall have administrative control over all the civil courts under this Chapter within the local limits of his jurisdiction. **28. District Judge's power to distribute business.—Notwithstanding anything contained in the Code** of Civil Procedure, 1908 (5 of 1908), the district judge may, by written order, direct that any business cognizable by his court and the courts under his control shall be distributed among such courts, and in such manner, as he thinks fit: Provided that no direction issued under this section shall empower any court to exercise any power and deal with any business beyond the limits of its jurisdiction. **29. Seals of courts.—Every court under this Chapter shall use a seal of such form and dimension as** are prescribed by the Chief Commissioner. **30. Ministerial officers of the courts.—(1) Ministerial officers of the district court shall be appointed** by the district judge. (2) Ministerial officers of civil courts under the administrative control of the district judge shall be appointed by the district judge. (3) Every appointment under this section shall be subject to such rules as the Judicial Commissioner may make in this behalf. (4) Any order passed by the district judge under this section shall be liable to be reversed or modified by the Judicial Commissioner. **31. Delegation of powers of district judges and district courts in certain cases.—The district judge** may, with the previous sanction of the Judicial Commissioner, delegate to the judge of any court under his administrative control all or any of the powers conferred on a district judge by section 27 and section 28 of this Act and on a district court by section 24 of the Code of Civil Procedure, 1908 (5 of 1908), to be exercised by the judge in any specified portion of the district subject to the control of the district judge. **32. Appeals from original decrees.—Save as otherwise provided by any law for the time being in** force, appeals from decrees or orders of courts exercising original jurisdiction shall lie as follows:— (a) from a decree or order of a munsiff in any suit and of a subordinate judge in a suit the value of which does not exceed five thousand rupees, to the court of the district judge; and (b) in all other cases, to the court of the Judicial Commissioner. **33. Appeals from appellate decrees.—A second appeal shall lie to the court of the Judicial** Commissioner from an appellate decree or order of a district court on any ground on which a second appeal lies under section 100 of the Code of Civil Procedure, 1908 (5 of 1908). **34.Revisional powers of the Court of the Judicial Commissioner.—In addition to the powers** conferred by section 115 of the Code of Civil Procedure, 1908 (5 of 1908), the Court of the Judicial Commissioner may, on application made to it, call for the record of any case which has been decided by a civil court subordinate to it and in which no appeal lies to it and if the Court of the Judicial Commissioner is of opinion that there is an important question of law or custom and the question requires further consideration, the Court of the Judicial Commissioner may make such order in the case as it thinks fit: 7 ----- Provided that— (i) no application shall be admitted after the expiration of ninety days from the date of the decision in respect of which the application is made unless the applicant satisfies the Court of the Judicial Commissioner that he had sufficient cause for not making application within that period; (ii) on any such application the Court of the Judicial Commissioner shall not revise the decision of the court below except in so far as such decision involves a question of law or custom in respect of which the application has been admitted; and (iii) when any such application has been admitted the Court of the Judicial Commissioner shall, subject to clause (ii) of this proviso, treat the matter of the application as if it were an appeal. _Explanation 1.—The question of procedure is not a question of law or custom within the meaning_ of this section. _Explanation 2.—In computing the period of limitation mentioned in clause (i) of this proviso and_ in all other respects not herein specified, the period of limitation of the application shall be governed by the provisions of the Indian Limitation Act, 1908 (5 of 1908). **35. Court fees payable on applications for revision.—(1) The court fees payable on applications to** the Court of the Judicial Commissioner for the exercise of its jurisdiction under section 34 shall be such as are prescribed by the Chief Commissioner in consultation with the Judicial Commissioner. (2) If the Court of the Judicial Commissioner, on an application in respect of which the court fee payable under sub-section (1) has been paid, sets aside or modifies a decree or order of the court below or remands the case for further decision, the Court of the Judicial Commissioner may grant to the applicant a certificate authorising him to receive back from the Collector of the district in which the court below is situated or from such other officer as the Chief Commissioner may authorise by notification in the Official Gazette, the full amount of such court fee or such part thereof as the Court of the Judicial Commissioner having regard to the circumstances of the case may think fit. **36. Temporary vacancy in the office of district judge.—In the event of death of a district judge or of** his being prevented from performing his duties by illness or other cause or of his absence from the civil district on leave, the additional district judge, if any, in the district or where there is no additional district judge, the senior-most subordinate judge, or as the case may be, the senior-most munsiff in the district shall assume charge of the district court without interruption of his ordinary jurisdiction and being so in charge shall perform the duties of the district judge with respect to the filing of suits and appeals, receiving pleadings, execution of processes, return of writs and the like, and shall be designated as the additional district judge or the subordinate judge or the munsiff, as the case may be, in charge of the district and shall continue in such charge until the office of the district judge has been resumed by him or assumed by an officer duly appointed thereto. **37. Delegation of powers of district judges.—Any district judge leaving headquarters and proceeding** on duty to any place in the district may delegate to the additional district judge, if any, or where there is no such additional district judge, to a subordinate judge or, as the case may be, to a munsiff at the headquarters, the power of performing such duties enumerated in section 36 as may be emergent and such officer shall be designated as the additional district judge or the subordinate judge or the munsiff, as the case may be, in charge of the headquarter. **38. Temporary vacancy in the office of a subordinate judge or munsiff.—In the event of death,** suspension or temporary absence of a subordinate-judge or a munsiff, the district judge may empower any other subordinate judge or munsiff of the same civil district to continue the duties of the vacated court of the subordinate judge or munsiff either at the place of such court or of his own court but in every such case the register and record of the court shall be kept distinct. CHAPTER IV SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS **39. Power to confer powers of civil courts on officers in Hill Areas and procedure before the** **courts of such officers.—(1) The Chief Commissioner after consultation with the Judicial Commissioner** 8 ----- may, by notification in the Official Gazette, invest, by name or in virtue of office, any officer in the hill areas with the powers of any civil court under this Act and upon such investiture the provisions of this Act shall, so far as they can be made applicable, apply to him as if he were a judge of the court with the powers of which he is invested. (2) Where the place at which the court of an officer invested with powers under sub-section (1) is to be held, has not been fixed under section 26, the court may be held at any place within the local limits of its jurisdiction. (3) The Code of Civil Procedure, 1908 (5 of 1908), shall apply to all suits and proceedings before the court of an officer invested with powers under sub-section (1) subject to the following exceptions, namely:— (a) a defendant in a suit may, instead of filing a written statement, make an oral statement of his defence which shall be recorded by the court; (b) all applications by parties in any suit or proceeding may be made orally before the court; (c) no appearance, application or act in or to the court, required or authorised by law to be made or done by a party in such court shall be made or done by a pleader (as defined in the Code of Civil Procedure, 1908 (5 of 1908)) save with the permission of the court; (d) it shall be sufficient for the court to make a memorandum of the substance of the evidence of any witness examined by it and it shall not be necessary for the court to take down evidence of any witness in writing at length unless the court is, on the application of any party or otherwise, satisfied that there is any special reason for so doing. **40. Power of the Judicial Commissioner to make rules.—The Court of the Judicial Commissioner** may make rules consistent with this Act and any other law for the time being in force, providing for all or any of the following matters, namely:— (a) the supervision of all courts subordinate to the Court of the Judicial Commissioner and their inspection; (b) the translation of any papers filed in the Court of the Judicial Commissioner and the preparation of paper-books for the hearing of appeals and the copying, typing or printing of any such papers or translations and the recovery from the persons at whose instance or on whose behalf papers are filed, all the expenses thereby incurred; (c) the fees to be charged for processes issued by a civil court or by any officer of any such court and the fee payable in any suit or proceeding, in any such court by any party to such suit or proceeding in respect of the fees of the pleader of any other party to such suit or proceeding; (d) the manner in which the proceedings of civil courts shall be kept and recorded, and the manner in which paper-books for the hearing shall be prepared and the granting of copies; (e) the various matters relating to the officers of the court; (f) the persons to be, permitted to act as petition-writers in the court subordinate thereto or act as pleaders' clerks; (g) the issue of licences to persons referred to in clause (f), the conduct of business by them and the scale of fees to be charged by them; (h) the authority by which breaches of such rules shall be investigated and the penalty which may be imposed. **41. Presiding officers of courts not to try suits and cases in which they are interested.—(1) The** presiding officer of a court shall not try any suit, proceeding or other case, or hear any appeal, to which he is a party or in which he is personally interested. (2) No presiding officer shall hear an appeal from any judgment, decree, sentence or order passed or made by himself. 9 ----- (3) Where any such suit, proceeding, case or appeal as is referred to in sub-section (1) or sub-section (2) comes before any such officer, he shall transmit forthwith the record of such suit, proceeding, case or appeal as the case may be, to the court to which he is immediately subordinate with the report of the circumstances attending the reference. (4) The superior court may transfer the suit, proceeding, case or appeal either to itself or to any court under its administrative control competent to decide it. **42. Certain decisions to be according to custom or personal law.—(1) Where in any suit or** proceeding, it is necessary for any court under this Act to decide any question regarding succession, inheritance, marriage or caste or any religious usage or institution, any custom (if such there be) having the force of law, orany personal law, governing the parties, or the property of the parties to such suit or proceeding shall form the rule of decision except in so far as such custom or personal law has, by legislative enactment, been altered or abolished. (2) In cases not provided for by sub-section (1) or by any other law for the time being in force, the court shall decide the suit or proceeding according to justice, equity and good conscience. **43. Holidays.—(1) Subject to the approval of the Chief Commissioner, the Judicial Commissioner** shall prepare a list of days to be observed in each year as closed holidays in the Court of the Judicial Commissioner and the civil courts subordinate to that Court. (2) The list of holidays shall be published in the Official Gazette. (3) A judicial act done by a court on a day specified in the list shall not be invalid by reason only of its having been done on that day. **44. Pending proceedings.—(1) Any suit, proceeding, case or appeal pending in a court immediately** before the commencement of this Act shall, upon the commencement of this Act, be deemed to be transferred to the court exercising under this Act jurisdiction which corresponds, as far as may be, to the jurisdiction of the court in which the suit, proceeding, case or appeal was pending and the court to which the suit, proceeding, case or appeal is deemed to be transferred shall proceed to try, hear and determine the matter as if it had been pending in that court. (2) Any appeal from a judgment, decree, sentence or order passed or made by a court and not appealed against before the commencement of this Act shall, after such commencement, lie to the court exercising under this Act jurisdiction which corresponds, as far as may be, to the jurisdiction of the court to which such appeal would have lain if this Act had not been passed and had not come into force. (3) Any judgment, decree, sentence or order passed or made before the commencement of this Act by any court shall be deemed for the purpose of execution to have been passed by a court constituted under this Act which corresponds, as far as may be, to the court which passed or made the judgment, decree, sentence or order as the case may be: Provided that nothing contained in sub-section (1) or sub-section (2) shall be construed as extending period of limitation to which any suit, proceeding, case or appeal may be subject. **45. Repeals and savings.—(1) The Manipur State Courts Act 1947, as amended by the Manipur State** Courts (Amendment) Order, 1950, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken (including any appointment or delegation made, order, Instrument or direction issued, rule or regulation made under that Act) shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force accordingly unless and until superseded by anything done or any action taken under the relevant provisions of this Act. **46. Declaration of the Judicial Commissioner's Court as a High Court for certain purposes.—** The Court of the Judicial Commissioner established under section 3 is hereby declared to be a High Court for the purposes of articles 132, 133 and 134 of the Constitution; and the provisions of the Judicial Commissioners' Courts (Declaration as High Courts) Act, 1950 (15 of 1950), shall apply to that Court as they apply to a Judicial Commissioner's Court in existence at the commencement of this Act. 10 -----

30-Dec-1955

57

The Citizenship Act, 1955

https://www.indiacode.nic.in/bitstream/123456789/1522/1/a1955-57.pdf

central

SECTIONS 1. Short title. 2. Interpretation. 3. Citizenship by birth. 4. Citizenship by descent. # THE CITIZENSHIP ACT, 1955 ____________ # ARRANGEMENT OF SECTIONS ____________ ACQUISITION OF CITIZENSHIP 5. Citizenship by registration. 6. Citizenship by naturalization. 6A. Special provisions as to citizenship of persons covered by the Assam Accord. 6B. Special provisions as to citizenship of person covered by proviso to clause (b) of sub-section (1) of section 2. 7. Citizenship by incorporation of territory. OVERSEAS CITIZENSHIP 7A. Registration of Overseas Citizen of India Cardholder. 7B. Conferment of rights on Overseas Citizen of India Cardholder. 7C. Renunciation of Overseas Citizen of India Card. 7D. Cancellation of registration as Overseas Citizen of India Cardholder. TERMINATION OF CITIZENSHIP 8. Renunciation of citizenship. 9. Termination of citizenship. 10. Deprivation of citizenship. SUPPLEMENTAL 11. [Omitted.]. 12. [Omitted.]. 13. Certificate of Citizenship in case of doubt. 14. Disposal of application under sections 5, 6 and 7A. 14A. Issue of national identity cards. 15. Revision. 15A. Review. 16. Delegation of powers. 17. Offences. 1 ----- SECTIONS 18. Power to make rules. 19. [Repealed.]. [THE FIRST SCHEDULE.] [Omitted.]. THE SECOND SCHEDULE. THE THIRD SCHEDULE. [THE FOURTH SCHEDULE.] [Omitted.]. 2 ----- # THE CITIZENSHIP ACT, 1955 ACT No. 57 OF 1955[1] [30th December, 1955.] # An Act to provide for the acquisition and determination of Indian citizenship. BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:― **1. Short title.―This Act may be called the Citizenship Act, 1955.** **2. Interpretation.―(1) In this Act, unless the context otherwise requires,―** (a) “a Government in India” means the Central Government or a State Government. 2[(b) “illegal migrant” means a foreigner who has entered into India― (i) without a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf; or (ii) with a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf but remains therein beyond the permitted period of time;] 3[Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 (34 of 1920) or from the application of the provisions of the Foreigners Act, 1946 (31 of 1946) or any rule or order made there under, shall not be treated as illegal migrant for the purposes of this Act;] (d) “Indian consulate” means the office of any consular officer of the Government of India where a register of births is kept, or where there is no such office, such office as may be prescribed; (e) “minor” means a person who has not attained the age of eighteen years; 4[(ee) “Overseas Citizen of India Cardholder” means a person registered as an Overseas Citizen of India Cardholder by the Central Government under section 7A;] (f) “person” does not include any company or association or body of individuals, whether incorporated or not; (g) “prescribed” means prescribed by rules made under this Act; 5* - - - (h) “undivided India” means India as defined in the Government of India Act, 1935, as originally enacted. (2) For the purposes of this Act, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. (3) Any reference in this Act to the status or description of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the status or description of the father at the time of the father's death; and where that death occurred 1. This Act has been extended to the Union territory of Dadra and Nagar haveli, vide Notification No. S.O. 846, dated 17-3 1962, Gazette of India, Extraordinary, Part II, sec. 3(ii), page 517. The Union territory of Goa, Daman and Diu vide Notification No. S.O. 847, dated 17-3-1962, _see_ _ibid., and to Pondicherry with modification_ _vide_ Notification No. G.S.R. 1557, dated 24-11-1962, Gazette of India, Part II, section 3(i). 2. Subs. by Act 6 of 2004, s. 2, for clauses (b) and (c) (w.e.f. 3-12-2004). 3. Ins. by Act 47 of 2019, s. 2 (w.e.f. 10-1-2020). 4. Subs. by Act 1 of 2015, s. 2, for clause (ee) (w.e.f. 6-1-2015). 5. Omitted by Act 32 of 2005, s. 2 (w.e.f. 28-6-2005). 3 ----- before, and the birth occurs after, the commencement of this Act, the status or description which would have been applicable to the father had he died after the commencement of this Act shall be deemed to be the status or description applicable to him at the time of his death. (4) For the purposes of this Act, a person shall be deemed to be of full age if he is not a minor and of full capacity if he is not of unsound mind. ACQUISITION OF CITIZENSHIP 1[3. Citizenship by birth.―(1) Except as provided in sub-section (2), every person born in India― (a) on or after the 26th day of January, 1950, but before the 1st day of July, 1987; (b) on or after the 1st day of July, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004) and either of whose parents is a citizen of India at the time of his birth; (c) on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004), where― (i) both of his parents are citizens of India; or (ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth, shall be a citizen of India by birth. (2) A person shall not be a citizen of India by virtue of this section if at the time of his birth― (a) either his father or mother possesses such immunity from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the President of India and he or she, as the case may be, is not a citizen of India; or (b) his father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy.] **4. Citizenship by descent.―[2][(1) A person born outside India shall be a citizen of India by** descent,― (a) on or after the 26th day of January, 1950, but before the 10th day of December, 1992, if his father is a citizen of India at the time of his birth; or (b) on or after the 10th day of December, 1992, if either of his parents is a citizen of India at the time of his birth: Provided that if the father of a person referred to in clause (a) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless― (a) his birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or (b) his father is, at the time of his birth, in service under a Government in India: Provided further that if either of the parents of a person referred to in clause (b) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section, unless― (a) his birth is registered at an Indian consulate within one year of its occurrence or on or after the 10th day of December, 1992, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or (b) either of his parents is, at the time of his birth, in service under a Government in India: 1. Subs. by Act 6 of 2004, s. 3, for section 3 (w.e.f. 3-12-2004). 2. Subs. by s. 4, ibid., for sub-section (1) (w.e.f. 3-12-2004). 4 ----- Provided also that on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004), a person shall not be a citizen of India by virtue of this section, unless his birth is registered at an Indian consulate in such form and in such manner, as may be prescribed,― (i) within one year of its occurrence or the commencement of the Citizenship (Amendment) Act, 2003(6 of 2004), whichever is later; or (ii) with the permission of the Central Government, after the expiry of the said period: Provided also that no such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that the minor does not hold the passport of another country. (1A) A minor who is a citizen of India by virtue of this section and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age.] (2) If the Central Government so directs, a birth shall be deemed for the purposes of this section to have been registered with its permission, notwithstanding that its permission was not obtained before the registration. (3) For the purposes of the proviso to sub-section (1), [1][any person] born outside undivided India who was, or was deemed to be, a citizen of India at the commencement of the Constitution shall be deemed to be a citizen of India by descent only. **5. Citizenship by registration.―[2][(1) Subject to the provisions of this section and such other** conditions and restrictions as may be prescribed, the Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to any of the following categories, namely:― (a) a person of Indian origin who is ordinarily resident in India for seven years before making an application for registration; (b) a person of Indian origin who is ordinarily resident in any country or place outside undivided India; (c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration; (d) minor children of persons who are citizens of India; (e) a person of full age and capacity whose parents are registered as citizens of India under clause (a) of this sub-section or sub-section (1) of section 6; (f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and [3][is ordinarily resident in India for twelve months] immediately before making an application for registration; (g) a person of full age and capacity who has been registered as an [4][Overseas Citizen of India Cardholder] for five years, and who [5][is ordinarily resident in India for twelve months] before making an application for registration. _Explanation 1.―For the purposes of clauses (a) and (c), an applicant shall be deemed to be ordinarily_ resident in India if― (i) he has resided in India throughout the period of twelve months immediately before making an application for registration; and (ii) he has resided in India during the eight years immediately preceding the said period of twelve months for a period of not less than six years. 1. Subs. by Act 39 of 1992, s. 2, for “any male person”. 2. Subs. by Act 6 of 2004, s. 5, for sub-section (1) (w.e.f. 3-12-2004). 3. Subs. by Act 1 of 2015, s. 3, for “has been residing in India for one year” (w.e.f. 6-1-2015). 4. Subs. by s. 3, ibid., for “Overseas Citizen of India” (w.e.f. 6-1-2015). 5. Subs. by s. 3, ibid., for “has been residing in India for one year” (w.e.f. 6-1-2015). 5 ----- _Explanation 2.―For the purposes of this sub-section, a person shall be deemed to be of Indian origin_ if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th day of August, 1947.] 1[(1A) The Central Government, if it is satisfied that special circumstances exist, may after recording the circumstances in writing, relax the period of twelve months, specified in clauses (f) and (g) and clause (i) of Explanation 1 of sub-section (1), up to a maximum of thirty days which may be in different breaks.] (2) No person being of full age shall be registered as a citizen of India under sub-section (1) until he has taken the oath of allegiance in the form specified in the Second Schedule. (3) No person who has renounced, or has been deprived of, his Indian citizenship or whose Indian citizenship has terminated, under this Act shall be registered as a citizen of India under sub-section (1) except by order of the Central Government. (4) The Central Government may, if satisfied that there are special circumstances justifying such registration, cause any minor to be registered as a citizen of India. (5) A person registered under this section shall be a citizen of India by registration as from the date on which he is so registered; and a person registered under the provisions of clause (b)(ii) of article 6 or article 8 of the Constitution shall be deemed to be a citizen of India by registration as from the commencement of the Constitution or the date on which he was so registered, whichever may be later. 2[(6) If the Central Government is satisfied that circumstances exist which render it necessary to grant exemption from the residential requirement under clause (c) of sub-section (1) to any person or a class of persons, it may, for reasons to be recorded in writing, grant such exemption.]. **6. Citizenship by naturalisation.―(1) Where an application is made in the prescribed manner by** any person of full age and capacity [3][not being an illegal migrant] for the grant of a certificate of naturalisation to him, the Central Government may, if satisfied that the applicant is qualified for naturalisation under the provisions of the Third Schedule, grant to him a certificate of naturalisation: Provided that, if in the opinion of the Central Government, the applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in the Third Schedule. (2) The person to whom a certificate of naturalisation is granted under sub-section (1) shall, on taking the oath of allegiance in the form specified in the Second Schedule, be a citizen of India by naturalisation as from the date on which that certificate is granted. 4[6A. Special provisions as to citizenship of persons covered by the Assam Accord.―(1) For the purposes of this section― (a) “Assam” means the territories included in the State of Assam immediately before the commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985); (b) “detected to be a foreigner” means detected to be a foreigner in accordance with the provisions of the Foreigners Act, 1946 (31 of 1946) and the Foreigners (Tribunals) Order, 1964 by a Tribunal constituted under the said Order; (c) “specified territory” means the territories included in Bangladesh immediately before the commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985); (d) a person shall be deemed to be Indian origin, if he, or either of his parents or any of his grandparents was born in undivided India; 1. Ins. by Act 1 of 2015, s. 3 (w.e.f. 6-1-2015). 2. Ins. by Act 6 of 2004, s. 5 (w.e.f. 3-12-2004). 3. Subs. by s. 6, ibid., for “who is not a citizen of a country specified in the First Schedule” (w.e.f. 3-12-2004). 4. Ins. by Act 65 of 1985, s. 2 (w.e.f. 7-12-1985). 6 ----- (e) a person shall be deemed to have been detected to be a foreigner on the date on which a Tribunal constituted under the Foreigners (Tribunals) Order, 1964 submits its opinion to the effect that he is a foreigner to the officer or authority concerned. (2) Subject to the provisions of sub-sections (6) and (7), all persons of Indian origin who came before the lst day of January, 1966 to Assam from the specified territory (including such of those whose names were included in the electoral rolls used for the purposes of the General Election to the House of the People held in 1967) and who have been ordinarily resident in Assam since the dates of their entry into Assam shall be deemed to be citizens of India as from the lst day of January, 1966. (3) Subject to the provisions of sub-sections (6) and (7), every person of Indian origin who― (a) came to Assam on or after the lst day of January, 1966 but before the 25th day of March, 1971 from the specified territory; and (b) has, since the date of his entry into Assam, been ordinarily resident in Assam; and (c) has been detected to be a foreigner; shall register himself in accordance with the rules made by the Central Government in this behalf under section 18 with such authority (hereafter in this sub-section referred to as the registering authority) as may be specified in such rules and if his name is included in any electoral roll for any Assembly or Parliamentary constituency in force on the date of such detection, his name shall be deleted therefrom. _Explanation.―In the case of every person seeking registration under this sub-section, the opinion of_ the Tribunal constituted under the Foreigners (Tribunals) Order, 1964 holding such person to be a foreigner, shall be deemed to be sufficient proof of the requirement under clause (c) of this sub-section and if any question arises as to whether such person complies with any other requirement under this subsection, the registering authority shall,― (i) if such opinion contains a finding with respect to such other requirement, decide the question in conformity with such finding; (ii) if such opinion does not contain a finding with respect to such other requirement, refer the question to a Tribunal constituted under the said Order hang jurisdiction in accordance with such rules as the Central Government may make in this behalf under section 18 and decide the question in conformity with the opinion received on such reference. (4) A person registered under sub-section (3) shall have, as from the date on which he has been detected to be a foreigner and till the expiry of a period of ten years from that date, the same rights and obligations as a citizen of India (including the right to obtain a passport under the Passports Act, 1967 (15 of 1967) and the obligations connected therewith), but shall not entitled to have his name included in any electoral roll for any Assembly or Parliamentary constituency at any time before the expiry of the said period of ten years. (5) A person registered under sub-section (3) shall be deemed to be a citizen of India for all purposes as from the date of expiry of a period of ten years from the date on which he has been detected to be a foreigner. (6) Without prejudice to the provisions of section 8― (a) if any person referred to in sub-section (2) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985), a declaration that he does not wish to be a citizen of India, such person shall not be deemed to have become a citizen of India under that sub-section; (b) if any person referred to in sub-section (3) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the Citizenship (Amendment) Act, 1985(65 of 1985), or from the date on which he has been detected to be a foreigner, whichever is later, a declaration that he does not wish to be governed by the provisions of that sub-section and sub-sections (4) and (5), it shall not be necessary for such person to register himself under sub-section (3). 7 ----- _Explanation.―Where a person required to file a declaration under this sub-section does not have the_ capacity to enter into a contract, such declaration may be filed on his behalf by any person competent under the law for the time being in force to act on his behalf. (7) Nothing in sub-sections (2) to (6) shall apply in relation to any person― (a) who, immediately before the commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985), is a citizen of India; (b) who was expelled from India before the commencement of the Citizenship (Amendment) Act, 1985, under the Foreigners Act, 1946 (31 of 1946). (8) Save as otherwise expressly provided in this section, the provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force.] 1[6B. **Special provisions as to citizenship of person covered by proviso to clause (b) of sub-** **section (1) of section 2.—(1) The Central Government or an authority specified by it in this behalf may,** subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, grant a certificate of registration or certificate of naturalisation to a person referred to in the proviso to clause (b) of sub-section (1) of section 2. (2) Subject to fulfillment of the conditions specified in section 5 or the qualifications for naturalisation under the provisions of the Third Schedule, a person granted the certificate of registration or certificate of naturalisation under sub-section (1) shall be deemed to be a citizen of India from the date of his entry into India. (3) On and from the date of commencement of the Citizenship (Amendment) Act, 2019, any proceeding pending against a person under this section in respect of illegal migration or citizenship shall stand abated on conferment of citizenship to him: Provided that such person shall not be disqualified for making application for citizenship under this section on the ground that the proceeding is pending against him and the Central Government or authority specified by it in this behalf shall not reject his application on that ground if he is otherwise found qualified for grant of citizenship under this section: Provided further that the person who makes the application for citizenship under this section shall not be deprived of his rights and privileges to which he was entitled on the date of receipt of his application on the ground of making such application. (4) Nothing in this section shall apply to tribal area of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under “The Inner Line” notified under the Bengal Eastern Frontier Regulation, 1873 (Reg. 5 of 1873).] **7. Citizenship by incorporation of territory.―If any territory becomes a part of India, the Central** Government may, by order notified in the Official Gazette, specify the persons who shall be citizens of India by reason of their connection with that territory; and those persons shall be citizens of India as from the date to be specified in the order. 2 [OVERSEAS CITIZENSHIP [3][7A. Registration of Overseas Citizen of India Cardholder.―(1) The Central Government may, subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, register as an Overseas Citizen of India Cardholder― (a) any person of full age and capacity,― (i) who is a citizen of another country, but was a citizen of India at the time of, or at any time after the commencement of the Constitution; or 1. Ins. by Act 47 of 2019, s. 3 (w.e.f. 10-1-2020). 2. Ins. by Act 6 of 2004, s. 7 (w.e.f. 3-12-2004). 3. Subs. by Act 1 of 2015, s. 4, for sections 7A, 7B, 7C and 7D (w.e.f. 6-1-2015). 8 ----- (ii) who is a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution; or (iii) who is a citizen of another country, but belonged to a territory that became part of India after the 15th day of August, 1947; or (iv) who is a child or a grandchild or a great grandchild of such a citizen; or (b) a person, who is a minor child of a person mentioned in clause (a); or (c) a person, who is a minor child, and whose both parents are citizens of India or one of the parents is a citizen of India; or (d) spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under section 7A and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this section: Provided that for the eligibility for registration as an Overseas Citizen of India Cardholder, such spouse shall be subjected to prior security clearance by a competent authority in India: Provided further that no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder under this sub-section. (2) The Central Government may, by notification in the Official Gazette, specify the date from which the existing persons of Indian Origin Cardholders shall be deemed to be Overseas Citizens of India Cardholders. _Explanation.―For the purposes of this sub-section, “Persons of Indian Origin Cardholders” means_ the persons registered as such under notification number 26011/4/98 F.I., dated the 19th August, 2002, issued by the Central Government in this regard. (3) Notwithstanding anything contained in sub-section (1), the Central Government may, if it is satisfied that special circumstances exist, after recording the circumstances in writing, register a person as an Overseas Citizen of India Cardholder. **7B. Conferment of rights on Overseas Citizen of India Cardholder.―(1) Notwithstanding** anything contained in any other law for the time being in force, an Overseas Citizen of India Cardholder shall be entitled to such rights, other than the rights specified under sub-section (2), as the Central Government may, by notification in the Official Gazette, specify in this behalf. (2) An Overseas Citizen of India Cardholder shall not be entitled to the rights conferred on a citizen of India― (a) under article 16 of the Constitution with regard to equality of opportunity in matters of public employment; (b) under article 58 of the Constitution for election as President; (c) under article 66 of the Constitution for election as Vice-President; (d) under article 124 of the Constitution for appointment as a Judge of the Supreme Court; (e) under article 217 of the Constitution for appointment as a Judge of the High Court; (f) under section 16 of the Representation of the People Act, 1950 (43 of 1950) in regard to registration as a voter; (g) under sections 3 and 4 of the Representation of the People Act, 1951 (43 of 1951) with regard to the eligibility for being a member of the House of the People or of the Council of States, as the case may be; 9 ----- (h) under sections 5, 5A and section 6 of the Representation of the People Act, 1951 (43 of 1951) with regard to the eligibility for being a member of the Legislative Assembly or the Legislative Council, as the case may be, of a State; (i) for appointment to public services and posts in connection with affairs of the Union or of any State except for appointment in such services and posts as the Central Government may, by special order in that behalf, specify. (3) Every notification issued under sub-section (1) shall be laid before each House of Parliament. **7C. Renunciation of Overseas Citizen of India Card.―(1) If any Overseas Citizen of India** Cardholder of full age and capacity makes in prescribed manner a declaration renouncing the Card registering him as an Overseas Citizen of India Cardholder, the declaration shall be registered by the Central Government, and upon such registration, that person shall cease to be an Overseas Citizen of India Cardholder. (2) Where a person ceases to be an Overseas Citizen of India Cardholder under sub-section (1), the spouse of foreign origin of that person, who has obtained Overseas Citizen of India Card under clause (d) of sub-section (1) of section 7A, and every minor child of that person registered as an Overseas Citizen of India Cardholder shall thereupon cease to be an Overseas Citizen of India Cardholder. **7D. Cancellation of registration as Overseas Citizen of India Cardholder.―The Central** Government may, by order, cancel the registration granted under sub-section (1) of section 7A, if it is satisfied that― (a) the registration as an Overseas Citizen of India Cardholder was obtained by means of fraud, false representation or the concealment of any material fact; or (b) the Overseas Citizen of India Cardholder has shown disaffection towards the Constitution, as by law established; or (c) the Overseas Citizen of India Cardholder has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war; or (d) the Overseas Citizen of India Cardholder has, within five years after registration under sub-section (1) of section 7A, been sentenced to imprisonment for a term of not less than two years; or 1[(da) the Overseas Citizen of India Cardholder has violated any of the provisions of this Act or provisions of any other law for time being in force as may be specified by the Central Government in the notification published in the Official Gazette; or;] (e) it is necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public; or (f) the marriage of an Overseas Citizen of India Cardholder, who has obtained such Card under clause (d) of sub-section (1) of section 7A,― (i) has been dissolved by a competent court of law or otherwise; or (ii) has not been dissolved but, during the subsistence of such marriage, he has solemnised marriage with any other person.]] 1[Provided that no order under this section shall be passed unless the Overseas Citizen of India Cardholder has been given a reasonable opportunity of being heard.] 1. Ins. by Act 47 of 2019, s. 4 (w.e.f. 10-1-2020). 10 ----- TERMINATION OF CITIZENSHIP **8. Renunciation of citizenship.―(1) If any citizen of India of full age and capacity,[ 1]***, makes in** the prescribed manner a declaration renouncing his Indian Citizenship, the declaration shall be registered by the prescribed authority; and, upon such registration, that person shall cease to be a citizen of India: Provided that if any such declaration is made during any war in which India may be engaged, registration thereof shall be withheld until the Central Government otherwise directs. (2) Where[ 2][a person] ceases to be a citizen of India under sub-section (1), every minor child of that person shall thereupon cease to be a citizen of India: Provided that any such child may, within one year after attaining full age, make a declaration[ 3][in the prescribed form and manner] that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India. 4* - - - **9. Termination of citizenship.―(1) Any citizen of India who by naturalisation, registration** otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act, voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India: Provided that nothing in this sub-section shall apply to a citizen of India who, during any war in which India may be engaged, voluntarily acquires the citizenship of another country, until the Central Government otherwise directs. (2) If any question arises as to whether, when or how any [ 5][citizen of India] has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf. **10. Deprivation of citizenship.―(1) A citizen of India who is such by naturalisation or by virtue** only of clause (c) of article 5 of the Constitution or by registration otherwise than under clause (b)(ii) of article 6 of the Constitution or clause (a) of sub-section (1) of section 5 of this Act, shall cease to be a citizen of India, if he is deprived of that citizenship by an order of the Central Government under this section. (2) Subject to the provisions of this section, the Central Government may, by order, deprive any such citizen of Indian citizenship, if it is satisfied that― (a) the registration or certificate of naturalisation was obtained by means of fraud, false representation or the concealment of any material fact; or (b) that citizen has shown himself by act or speech to be disloyal or disaffected towards the Constitution of India as by law established; or (c) that citizen has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business that was to his knowledge carried on in such manner as to assist an enemy in that war; or (d) that citizen has, within five years after registration or naturalisation, been sentenced in any country to imprisonment for a term of not less than two years; or (e) that citizen has been ordinarily resident out of India for a continuous period of seven years, and during that period, has neither been at any time a student of any educational institution in a country outside India or in the service of a Government in India or of an international organisation of 1. The words “who is also a citizen or national of another country” omitted by Act 6 of 2004, s. 8 (w.e.f. 3-12-2004). 2. Subs. by Act 39 of 1992, s. 3, for “a male person” (w.e.f. 10-12-1987). 3. Ins. by Act 6 of 2004, s. 8 (w.e.f. 3-12-2014). 4. Omitted by s. 8, ibid. (w.e.f. 3-12-2004). 5. Subs. by s. 9, ibid., for “person” (w.e.f. 3-12-2004). 11 ----- which India is a member, not registered annually in the prescribed manner at an Indian consulate his intention to retain his citizenship of India. (3) The Central Government shall not deprive a person of citizenship under this section unless it is satisfied that it is not conducive to the public good that person should continue to be a citizen of India. (4) Before making an order under this section, the Central Government shall give the person against whom the order is proposed to be made notice in writing informing him of the ground on which it is proposed to be made and, if the order is proposed to be made on any of the grounds specified in subsection (2) other than clause (e) thereof, of his right, upon making application therefore in the prescribed manner, to have his case referred to a committee of inquiry under this section. (5) If the order is proposed to be made against a person on any of the grounds specified in sub-section (2) other than clause (e) thereof and that person so applies in the prescribed manner, the Central Government shall, and in any other case it may, refer the case to a Committee of Inquiry consisting of a chairman (being a person who has for at least ten years held a judicial office) and two other members appointed by the Central Government in this behalf. (6) The Committee of Inquiry shall, on such reference, hold the inquiry in such manner as may be prescribed and submit its report to the Central Government; and the Central Government shall ordinarily be guided by such report in making an order under this section. SUPPLEMENTAL **11. [Commonwealth citizenship.]Omitted by Act The Citizenship (Amendment) Act, (6 of** 2004), _s. 10_ (w.e.f. 3-12-2004). **12. [Power to confer rights of Indian citizen or citizens of certain country.]** _Omitted by s._ 10, ibid. _(w.e.f. 3-12-2004)._ **13. Certificate of Citizenship in case of doubt.―The Central Government may, in such cases as it** thinks fit, certify that a person with respect to whose citizenship of India a doubt exists, is a citizen of India; and a certificate issued under this section shall, unless it is proved that it was obtained by means of fraud, false representation or concealment of any material fact, be conclusive evidence that person was such a citizen on the date thereof, but without prejudice to any evidence that he was such a citizen at an earlier date. **14. Disposal of application under sections 5, 6 and 7A.―(1) The prescribed authority or the** Central Government may, in its discretion, grant or refuse an application under [1][sections 5, 6 and 7A] and shall not be required to assign any reasons for such grant or refusal. (2) Subject to the provisions of section l5 the decision of the prescribed authority or the Central Government on any such application as aforesaid shall be final and shall not be called in question in any court. [2][14A. Issue of national identity cards.―(1) The Central Government may compulsorily register every citizen of India and issue national identity card to him. (2) The Central Government may maintain a National Register of Indian Citizens and for that purpose establish a National Registration Authority. (3) On and from the date of commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004), the Registrar General, India, appointed under sub-section (1) of section 3 of the Registration of Births and Deaths Act, 1969 (18 of 1969) shall act as the National Registration Authority and he shall function as the Registrar General of Citizen Registration. (4) The Central Government may appoint such other officers and staff as may be required to assist the Registrar General of Citizen Registration in discharging his functions and responsibilities. 1. Subs. by Act 6 of 2004, s. 11, for “sections 5 and 6” (w.e.f. 3-12-2004). 2. Ins. by s. 12, ibid. (w.e.f. 3-12-2004). 12 ----- (5) The procedure to be followed in compulsory registration of the citizens of India shall be such as may be prescribed.] **15. Revision.―(1) Any person aggrieved by an order made under this Act by the prescribed authority** or any officer or other authority (other than the Central Government) may, within a period of thirty days from the date of the order, make an application to the Central Government for a revision of that order: Provided that the Central Government may entertain the application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time. (2) On receipt of any such application under sub-section (1), the Central Government shall, after considering the application of the aggrieved person and any report thereon which the officer or authority making the order may submit, make such order in relation to the application as it deems fit, and the decision of the Central Government shall be final. [1][15A. Review.―(1) Any person aggrieved by an order made by the Central Government, may, within thirty days from the date of such order, make an application for review of such order: Provided that the Central Government may entertain an application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time: Provided further that an application for a review of an order passed in terms of the provisions of section 14A shall be disposed of in the manner provided for in the procedure as may be laid down under clause (ia) of sub-section (2) of section 18. (2) On receipt of an application under sub-section (1), the Central Government shall, make such order as it deems fit, and the decision of the Central Government on such review shall be final.] **16. Delegation of powers.―The Central Government may, by order, direct that any power which is** conferred on it by any of the provisions of this Act other than those of section 10 and section 18 shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by such officer or authority as may be so specified. **17. Offences.―Any person who, for the purpose of procuring anything to be done or not to be done** under this Act, knowingly makes any representation which is false in a material particular shall be punishable with imprisonment for a term which may extend to[ 2][five years], or[ 3][with fine which may extend to fifty thousand rupees], or with both. **18. Power to make rules.―(1) The Central Government may, by notification in the Official Gazette** make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for― (a) the registration of anything required or authorised under this Act to be registered, and the conditions and restrictions in regard to such registration; 4[(aa) the form and manner in which a declaration under sub-section (1) of section 4 shall be made;]; (b) the forms to be used and the registers to be maintained under this Act; (c) the administration and taking of oaths of allegiance under this Act and the time within which and the manner in which, such oaths shall be taken and recorded; (d) the giving of any notice required or authorised to be given by any person under this Act; 1. Ins. by Act 6 of 2004, s. 13, ibid. (w.e.f. 3-12-2004). 2. Subs. by s. 14, ibid., for “six months” (w.e.f. 3-12-2004) 3. Subs. by s. 14, ibid., for “with fine” (w.e.f. 3-12-2004).. 4. Ins. by s. 15, ibid. (w.e.f. 3-12-2004). 13 ----- (e) the cancellation of the registration of, and the cancellation and amendment of certificates of naturalisation relating to, persons deprived of citizenship under this Act, and the delivering up of such certificates for those purposes; 1[(ee) the manner and form in which and the authority to whom declarations referred to in clauses (a) and (b) of sub-section (6) of section 6A shall be submitted and other matters connected with such declarations;] 2[(eei) the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under sub-section (1) of section 6B;] 3[(eea) the conditions and the manner subject to which a person may be registered as an Overseas Citizen of India Cardholder under sub-section (1) of section 7A; (eeb) the manner of making declaration for renunciation of Overseas Citizen of India Card under sub-section (1) of section 7C;] (f) the registration at Indian consulates of the births and deaths of persons of any class or description born or dying outside India; (g) the levy and collection of fees in respect of applications, registrations, declarations and certificates under this Act, in respect of the taking of an oath of allegiance, and in respect of the supply of certified or other copies of documents; (h) the authority to determine the question of acquisition of citizenship of another country, the procedure to be followed by such authority and rules of evidence relating to such cases; (i) the procedure to be followed by the committees of inquiry appointed under section 10 and the conferment on such committees of any of the powers, rights and privileges of civil courts; 4[(ia) the procedure to be followed in compulsory registration of the citizens of India under sub section (5) of section 14A;] (j) the manner in which applications for revision may be made and the procedure to be followed by the Central Government in dealing with such applications; and (k) any other matter which is to be, or may be, prescribed under the Act. (3) In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to one thousand rupees. 5[Provided that any rule made in respect of a matter specified in clause (ia) of sub-section (2) may provide that a breach thereof shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.] 6[(4) Every rule made under this section shall be laid, as soon as may be after it is made before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of session, immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **19. [Repeals.] [Rep. by the Repealing and Amending Act,** 1960 (58 of 1960), s. 2 and the First _Schedule.]_ 1. Ins. by Act 65 of 1985, s. 3 (w.e.f. 7-12-1985). 2. Ins. by Act 47 of 2019, s. 5 (w.e.f. 10-1-2020). 3. Ins. by Act 1 of 2015, s. 5 (w.e.f. 6-1-2015). 4. Ins. by Act 6 of 2004, s. 15 (w.e.f. 7-12-1985). 5. The proviso ins. by s. 15, ibid. (w.e.f. 3-12-2004). 6. Subs. by Act 4 of 1986, s. 2 and the Schedule for sub-section (4) (w.e.f. 15-5-1986). 14 ----- [THE FIRST SCHEDULE.] [Omitted by Act the Citizenship (Amendment) Act, 2003 (6 of 2004), s. 16 (w.e.f. 3-12-2004).] 15 ----- 1[THE SECOND SCHEDULE [See sections 5(2) and 6(2)] OATH OF ALLEGIANCE I, A. B. _________ do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will faithfully observe the laws of India and fulfill my duties as a citizen of India.] 1. Subs. by Act 6 of 2004, s. 17, for the Second Schedule (w.e.f. 3-12-2004). 16 ----- THE THIRD SCHEDULE [See section 6(1)] QUALIFICATIONS FOR NATURALISATION The qualifications for naturalisation of a person [1]*** are― (a) that he is not a subject or citizen of any country where citizens of India are prevented by law or practice of that country from becoming subjects or citizens of that country by naturalisation; (b) that, if he is a citizen of any country, [2]***; (c) that he has either resided in India or been in the service of a Government in India or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application; 3[Provided that if the Central Government is satisfied that special circumstances exist, it may, after recording the circumstances in writing, relax the period of twelve months up to a maximum of thirty days which may be in different breaks.] (d) that during the [4][fourteen years] immediately preceding the said period of twelve months, he has either resided in India or been in the service of a Government in India, or partly the one and partly the other, for periods amounting in the aggregate to not less than [5][eleven years]; 6[Provided that for the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community in Afghanistan, Bangladesh or Pakistan, the aggregate period of residence or service of Government in India as required under this clause shall be read as “not less than five years” in place of “not less than eleven years”.] (e) that he is of good character; (f) that he has an adequate knowledge of a language specified in the Eighth Schedule to the Constitution; and (g) that in the event of a certificate of naturalisation being granted to him, he intends to reside in India, or to enter into, or continue in, service under a Government in India or under an international organisation of which India is a member or under a society, company or body of persons established in India: Provided that the Central Government may, if in the special circumstances of any particular case it thinks fit,― (i) allow a continuous period of twelve months ending not more than six months before the date of the application to be reckoned, for the purposes of clause (c) above, as if it had immediately preceded that date; (ii) allow periods of residence or service earlier than [7][fifteen years] before the date of the application to be reckoned in computing the aggregate mentioned in clause (d) above. 1. Subs. by Act 6 of 2004, s. 18, for “who is not a citizen of a country specified in the First Schedule” (w.e.f. 3-12-2004). 2. Subs. by s. 18, ibid., for “he has renounced the citizenship of that country in accordance with the law therein in force in that behalf and has notified such renunciation to the Central Government” (w.e.f. 3-12-2004). 3. The proviso ins. by Act 1 of 2015, s. 6 (w.e.f. 6-1-2015). 4. Subs. by Act 6 of 2004, s. 18, for “twelve years” (w.e.f. 3-12-2004). 5. Subs. by s. 18, ibid., for “nine years” (w.e.f. 3-12-2004). 6. The proviso ins. by Act 47 of 2019, s. 6 (w.e.f. 10-1-2020). 7. Subs. by Act 6 of 2004, s. 18, for “thirteen years” (w.e.f. 3-12-2004). 17 ----- [THE FOURTH SCHEDULE.] Omitted by the Citizenship (Amendment) Act, 2005 (32 of 2005), s. 5 (w.e.f. 28-6-2005). 18 -----

3-Mar-1956

03

The University Grants Commission Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1627/1/195603.pdf

central

# THE UNIVERSITY GRANTS COMMISSION ACT, 1956 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. 3. Application of Act to institutions for higher studies other than Universities. CHAPTER II ESTABLISHMENT OF THE COMMISSION 4. Establishment of the Commission. 5. Composition of the Commission. 6. Terms and conditions of service of members. 7. Meetings of the Commission. 8. Vacancies amongst members or defect in constitution not to invalidate acts or proceedings of the Commission. 9. Temporary association of persons with the Commission for particular purposes. 10. Staff of the Commission. 11. Authentication of orders and other instruments of the Commission. CHAPTER III POWERS AND FUNCTIONS OF THE COMMISSION 12. Functions of the Commission. 12A. Regulation of fees and prohibition of donations in certain cases. 12B. Prohibition regarding giving of any grant to a University not declared by the Commission fit to receive such grant. 13. Inspection. 14. Consequences of failure of Universities to comply with recommendations of the Commission. 15. Payment to the Commission. 16. Fund to the Commission. 17. Budget. 18. Annual report. 19. Account and audit. CHAPTER IV MISCELLANEOUS 20. Directions by the Central Government. 21. Returns and information. 22. Right to confer degrees. 1 ----- SECTIONS 23. Prohibition of the use of the word „University‟ in certain cases. 24. Penalties. 25. Power to make rules. 26. Power to make regulations. 27. Power to delegate. 28. Laying of rules and regulations before Parliament. 2 ----- # THE UNIVERSITY GRANTS COMMISSION ACT, 1956 ACT NO. 3 OF 1956 [3rd March, 1956.] # An Act to make provision for the co-ordination and determination of standards in Universities and for that purpose, to establish a University Grants Commission. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the University Grants Commission** Act, 1956. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Commission” means the University Grants Commission established under section 4; (b) “executive authority”, in relation to a University, means the chief executive authority of the University (by whatever name called) in which the general administration of the University is vested; (c) “Fund” means the Fund of the University Grants Commission constituted under section 16; (d) “member” means a member of the University Grants Commission and includes the Chairman 2[and Vice-Chairman]; (e) “prescribed” means prescribed by rules made under this Act; (f) “University” means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognised by the Commission in accordance with the regulations made in this behalf under this Act. **3. Application of Act to institutions for higher studies other than Universities.—The Central** Government may, on the advice of the Commission, declare, by notification in the Official Gazette, that any institution for higher education, other than a University, shall be deemed to be a University for the purposes of this Act, and on such a declaration being made, all the provisions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of section 2. CHAPTER II ESTABLISHMENT OF THE COMMISSION **4. Establishment of the Commission.—(1) With effect from such date as the Central Government** may, by notification in the Official Gazette, appoint, there shall be established a Commission by the name of the University Grants Commission. (2) The said Commission shall be a body corporate having perpetual succession and a common seal, and shall by the said name sue and be sued. 3[5. Composition of the Commission.—(1) The Commission shall consist of— (i) a Chairman, (ii) a Vice-Chairman, and (iii) ten other members, to be appointed by the Central Government. 1. 5th November, 1956, _vide notification No. S.R.O. 2608, dated 1st November, 1956,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3. 2. Ins. by Act 33 of 1972, s. 2 (w.e.f. 17-6-1972). 3. Subs. by s. 3, ibid., for section 5 (w.e.f. 17-6-1972). 3 ----- (2) The Chairman shall be chosen from among persons who are not officers of the Central Government or of any State Government. (3) Of the other members referred to in clause (iii) of sub-section (1)— (a) two shall be chosen from among the officers of the Central Government, to represent that Government; (b) not less than four shall be chosen from among persons who are, at the time when they are so chosen, teachers of Universities; and (c) the remainder shall be chosen from among persons— (i) who have knowledge of, or experience in, agriculture, commerce, forestry or industry; (ii) who are members of the engineering, legal, medical or any other learned profession; or (iii) who are Vice-Chancellors of Universities or who, not being teachers of Universities, are, in the opinion of the Central Government, educationists of repute or have obtained high academic distinctions: Provided that not less than one-half of the number chosen under this clause shall be from among persons who are not officers of the Central Government or of any State Government. (4) The Vice-Chairman shall exercise such of the powers, and discharge such of the duties, of the Chairman as may be prescribed. (5) Every appointment under this section shall take effect from the date on which it is notified by the Central Government in the Official Gazette.] **6. Terms and conditions of service of members.—[1][(1) A person appointed as Chairman,** Vice-Chairman or other member after the commencement of the University Grants Commission (Amendment) Act, 1985 shall, unless he sooner becomes disqualified for continuing as such under the rules that may be made under this Act,— (a) in the case of Chairman, hold office for a term of five years or until he attains the age of sixty-five years, whichever is earlier; (b) in the case of Vice-Chairman, hold office for a term of three years or until he attains the age of sixty-five years, whichever is earlier; (c) in the case of any other member, hold office for a term of three years: Provided that— (i) a person who has held office as Chairman or Vice-Chairman shall be eligible for further appointment as Chairman, Vice-Chairman or other member, and (ii) a person who has held office as any other member shall be eligible for further appointment as Chairman, Vice-Chairman or other member: Provided further that a person who has held office for two terms, in any capacity, whether as Chairman, Vice-Chairman or other member [excluding a member referred to in clause (a) of sub-section (3) of section 5], shall not be eligible for any further appointment as Chairman, Vice-Chairman or other member.] (2) A member may resign his office by writing under his hand addressed to the Central Government, but he shall continue in office until his resignation is accepted by the Central Government. 1. Subs. by Act 70 of 1985, s. 2, for sub-section (1) (w.e.f. 20-12-1985). 4 ----- 1[(3) If a casual vacancy occurs in the office of the Chairman, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, the Vice-Chairman holding office as such for the time being shall, notwithstanding anything contained in sub-section (2) of section 5, act as the Chairman and shall, unless any other person is appointed earlier as the Chairman, hold the office of the Chairman for the remainder of the term of office of the person in whose place he is to so act: Provided that where no Vice-Chairman is holding office at the time when the vacancy in the office of the Chairman occurs, the Central Government shall, notwithstanding anything contained in sub-section (2) of section 5, appoint any other member to act as the Chairman and the person so appointed shall not hold the office of the Chairman for a period exceeding six months. (4) If a casual vacancy occurs in the office of the Vice-Chairman or any other member, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled up by the Central Government by making a fresh appointment and the member so appointed shall hold office for a term of three years. (5) The office of the Chairman and the Vice-Chairman shall be whole-time and salaried and subject thereto, the terms and conditions of service of the Chairman, Vice-Chairman and other members shall be such as may be prescribed.] **7. Meetings of the Commission.—The Commission shall meet at such times and places and shall** observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act. **8. Vacancies amongst members or defect in constitution not to invalidate acts or proceedings of** **the Commission.—No act or proceedings of the Commission shall be deemed to be invalid by reason** merely of any vacancy in, or any defect in the constitution of, the Commission. **9. Temporary association of persons with the Commission for particular purposes.—(1) The** Commission may associate with itself, in such manner and for such purposes as may be determined by regulations made under this Act, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act. (2) A person associated with it by the Commission under sub-section (1) for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the Commission, and shall not be a member of any other purpose. **10. Staff of the Commission.—Subject to such rules as may be made by the Central Government in** this behalf, the Commission may appoint a Secretary and such other employees as it may think necessary for the efficient performance of its functions under this Act and the terms and conditions of service of the employees shall be such as may be determined by the Commission. **11. Authentication of orders and other instruments of the Commission.—All orders and decisions** of the Commission shall be authenticated by the signature of the Chairman or any other member authorised by the Commission in this behalf, and all other instruments issued by the Commission shall be authenticated by the signature of the Secretary or any other officer of the Commission authorised in like manner in this behalf. CHAPTER III POWERS AND FUNCTIONS OF THE COMMISSION **12. Functions of the Commission.—It shall be the general duty of the Commission to take, in** consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co-ordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under this Act, the Commission may— (a) inquire into the financial needs of Universities; 1. Subs. by Act 33 of 1972, s. 4, for sub-sections (3) and (4) (w.e.f. 17-6-1972). 5 ----- (b) allocate and disburse, out of the Fund of the Commission, grants to Universities established or incorporated by or under a Central Act for the maintenance and development of such Universities or for any other general or specified purpose; (c) allocate and disburse, out of the Fund of the Commission, such grants to other Universities as it may deem [1][necessary or appropriate for the development of such Universities or for the maintenance, or development, or both, of any specified activities of such Universities] or for any other general or specified purpose: Provided that in making any grant to any such University, the Commission shall give due consideration to the development of the University concerned, its financial needs, the standard attained by it and the national purposes which it may serve; 2[(cc) allocate and disburse out of the Fund of the Commission, such grants to institutions deemed to be Universities in pursuance of a declaration made by the Central Government under section 3, as it may deem necessary, for one or more of the following purposes, namely:— (i) for maintenance in special cases, (ii) for development, (iii) for any other general or specified purpose;] 3[(ccc) establish, in accordance with the regulations made under this Act, institutions for providing common facilities, services and programmes for a group of universities or for the universities in general and maintain such institutions or provide for their maintenance by allocating and disbursing out of the Fund of the Commission such grants as the Commission may deem necessary;] (d) recommend to any University the measures necessary for the improvement of University education and advise the University upon the action to be taken for the purpose of implementing such recommendation; (e) advise the Central Government or any State Government on the allocation of any grants to Universities for any general or specified purpose out of the Consolidated Fund of India or the Consolidated Fund of the State, as the case may be; (f) advise any authority, if such advise is asked for, on the establishment of a new University or on proposals connected with the expansion of the activities of any University; (g) advise the Central Government or any State Government or University on any question which may be referred to the Commission by the Central Government or the State Government or the University, as the case may be; (h) collect information on all such matters relating to University education in India and other countries as it thinks fit and make the same available to any University; (i) require a University to furnish it with such information as may be needed relating to the financial position of the University or the studies in the various branches of learning undertaken in that University, together with all the rules and regulations relating to the standards of teaching and examination in that University respecting each of such branches of learning; (j) perform such other functions as may be prescribed or as may be deemed necessary by the Commission for advancing the cause of higher education in India or as may be incidental or conducive to the discharge of the above functions. 1. Subs. by Act 33 of 1972, s. 5, for “necessary for the development of such Universities” (w.e.f. 17-6-1972). 2. Ins. by s. 5, ibid. (w.e.f. 17-6-1972). 3. Ins. by Act 59 of 1984, s. 2 (w.e.f. 1-10-1984). 6 ----- 1[12A. Regulation of fees and prohibition of donations in certain cases.—(1) In this section,— (a) “affiliation”, together with its grammatical variations includes, in relation to a college, recognition of such college by, association of such college with, and admission of such college to the privileges of, a university; (b) “college” means any institution, whether known as such of by any other name which provides for a course of study for obtaining any qualification from a university and which, in accordance with the rules and regulations of such university, is recognised as competent to provide for such course of study and present students undergoing such course of study for the examination for the award of such qualification; (c) “prosecution”, in relation to a course of study, includes promotion from one part or stage of the course of study to another part or stage of the course of study; (d) “qualification” means a degree or any other qualification awarded by a university; (e) “regulations” means regulations made under this Act; (f) “specified course of study” means a course of study in respect of which regulations of the nature mentioned in sub-section (2) have been made; (g) “student” includes a person seeking admission as a student; (h) “university” means a university or institution referred to in sub-section (1) of section 22. (2) Without prejudice to the generality of the provisions of section 12 if, having regard to— (a) the nature of any course of study for obtaining any qualification from any university; (b) the types of activities in which persons obtaining such qualification are likely to be engaged on the basis of such qualification; (c) the minimum standards which a person possessing such qualification should be able to maintain in his work relating to such activities and the consequent need for ensuring, so far as may be, that no candidate secures admission to such course of study by reason of economic power and thereby prevents a more meritorious candidate from securing admission to such course of study; and (d) all other relevant factors, the Commission is satisfied that it is necessary so to do in the public interest, it may, after consultation with the university or universities concerned, specify by regulations the matters in respect of which fees may be charged, and the scale of fees in accordance with which fees shall be charged in respect of those matters on and from such date as may be specified in the regulations in this behalf, by any college providing for such course of study from, or in relation to, any student in connection with his admission to, and prosecution of, such course of study: Provided that different matters and different scales of fees may be so specified in relation to different universities or different classes of colleges or different areas. (3) Where regulations of the nature referred to in sub-section (2) have been made in relation to any course of study, no college providing for such course of study shall— (a) levy or charge fees in respect of any matter other than a matter specified in such regulations; (b) levy or charge any fees in excess of the scale of fees specified in such regulations, or (c) accept, either directly or indirectly, any payment (otherwise than by way of fees) or any donation or gift (whether in cash or kind), from, or in relation to, any student in connection with his admission to, and prosecution of, such course of study. 1. Ins. by Act 59 of 1984, s. 3 (w.e.f. 1-10-1984). 7 ----- (4) If, after making, in relation to a college providing for a specified course of study, an inquiry in the manner provided by regulations, and after giving such college a reasonable opportunity of being heard, the Commission is satisfied that such college has contravened the provisions of sub-section (3), the Commission may, with the previous approval of the Central Government, pass an order prohibiting such college from presenting any students then undergoing such course of study therein to any university for the award of the qualification concerned. (5) The Commission shall forward a copy of the order made by it under sub-section (4) to the university concerned, and on and from the date of receipt by the University of a copy of such order, the affiliation of such college to such university shall, in so far as it relates to the course of study specified in such order, stand terminated and on and from the date of termination of such affiliation and for a period of three years thereafter affiliation shall not be granted to such college in relation to such or similar course of study by that or any other university. (6) On the termination of the affiliation of any college under sub-section (5), the Commission shall take all such steps as it may consider appropriate for safeguarding the interests of the students concerned. (7) The provisions of this section and the regulations made for the purposes of this section shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.] 1[212B.] Prohibition regarding giving of any grant to a University not declared by the **Commission fit to receive such grant.—No grant shall be given by the Central Government, the** Commission, or any other organisation receiving any funds from the Central Government, to a University which is established after the commencement of the University Grants Commission (Amendment) Act, 1972 (33 of 1972), unless the Commission has, after satisfying itself as to such matters as may be prescribed, declared such University to be fit for receiving such grant.] **13. Inspection.—(1) For the purpose of ascertaining the financial needs of a University or its** standards of teaching, examination and research, the Commission may, after consultation with the University, cause an inspection of any department or departments thereof to be made in such manner as may be prescribed and by such person or persons as it may direct. (2) The Commission shall communicate to the University the date on which any inspection under sub-section (1) is to be made and the University shall be entitled to be associated with the inspection in such manner as may be prescribed. (3) The Commission shall communicate to the University its views in regard to the results of any such inspection and may, after ascertaining the opinion of the University, recommend to the University the action to be taken as a result of such inspection. (4) All communications to a University under this section shall be made to the executive authority thereof and the executive authority of the University shall report to the Commission the action, if any, which is proposed to be taken for the purpose of implementing any such recommendation as is referred to in sub-section (3). **14. Consequences of failure of Universities to comply with recommendations of the** **Commission.—If any University** [3][grants affiliation in respect of any course of study to any college referred to in sub-section (5) of section 12A in contravention of the provisions of that sub-section or] fails within a reasonable time to comply with any recommendation made by the Commission under section 12 or section 13, [4][or contravenes the provisions of any rule made under clause (f) or clause (g) of sub-section (2) of section 25, or of any regulation made under clause (e) or clause (f) or clause (g) of section 26,] the Commission, after taking into consideration the cause, if any, shown by the University 5[for such failure or contravention,] may withhold from the University the grants proposed to be made out of the Fund of the Commission. 1. Ins. by Act 33 of 1972, s. 6 (w.e.f. 17-6-1972). 2. Section 12A renumbered as section 12B of that section by Act 59 of 1984, s. 3 (w.e.f. 1-10-1984). 3. Ins. by s. 4, ibid. (w.e.f. 1-10-1984). 4. Ins. by Act 33 of 1972, s. 7 (w.e.f. 17-6-1972). 5. Subs. by s. 7, ibid., for “for its failure to comply with such recommendation” (w.e.f. 17-6-1972). 8 ----- **15. Payment to the Commission.—The Central Government may, after due appropriation made by** Parliament by law in this behalf, pay to the Commission in each financial year such sums as may be considered necessary for the performance of the functions of the Commission under this Act. **16. Fund of the Commission.—(1) The Commission shall have its own Fund; and all sums which** may, from time to time, be paid to it by the Central Government and all the receipts of the Commission (including any sum which any State Government or any other authority or person may hand over to the Commission) shall be carried to the Fund and all payments by the Commission shall be made therefrom. (2) All moneys belonging to the Fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the Central Government, be decided by the Commission. (3) The Commission may spend such sums as it thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the Fund of the Commission. **17. Budget.—The Commission shall prepare, in such form and at such time each year as may be** prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Central Government. **18. Annual report.—The Commission shall prepare once every year, in such form and at such time** as may be prescribed, an annual report giving a true and full account of its activities during the previous year, and copies thereof shall be forwarded to the Central Government and the Government shall cause the same to be laid before both Houses of Parliament. **19. Account and audit.—(1) The Commission shall cause to be maintained such books of account** and other books in relation to its account in such form and in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed. (2) The Commission shall, as soon as may be after closing its annual accounts, prepare a statement of accounts in such form, and forward the same to the Comptroller and Auditor-General by such date, as the Central Government may, in consultation with the Comptroller and Auditor-General, determine. (3) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such times and in such manner as he thinks fit. (4) The annual accounts of the Commission together with the audit report thereon shall be forwarded to the Central Government and the Government shall cause the same to be laid before both Houses of Parliament and shall also forward a copy of the audit report to the Commission for taking suitable action on the matters arising out of the audit report. CHAPTER IV MISCELLANEOUS **20. Directions by the Central Government.—(1) In the discharge of its functions under this Act, the** Commission shall be guided by such directions on questions of policy relating to national purposes as may be given to it by the Central Government. (2) If any dispute arises between the Central Government and the Commission as to whether a question is or is not a question of policy relating to national purposes, the decision of the Central Government shall be final. **21. Returns and information.—The Commission shall furnish to the Central Government such** returns or other information with respect to its property or activities as the Central Government may, from time to time, require. **22. Right to confer degrees.—(1) The right of conferring or granting degrees shall be exercised only** by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees. (2) Save as provided in sub-section (1), no person or authority shall confer, or grant, or hold himself or itself out as entitled to confer or grant, any degree. 9 ----- (3) For the purposes of this section, “degree” means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the Official Gazette. **23. Prohibition of the use of the word “University” in certain cases.—No institution, whether a** corporate body or not, other than a University established or incorporated by or under a Central Act, a Provincial Act or a State Act shall be entitled to have the word “University” associated with its name in any manner whatsoever: Provided that nothing in this section shall, for a period of two years from the commencement of this Act, apply to an institution which, immediately before such commencement, had the word “University” associated with its name. **24. Penalties.—Whoever contravenes the provisions of section 22 or section 23 shall be punishable** with fine which may extend to one thousand rupees, and if the person contravening is an association or other body of individuals, every member of such association or other body who knowingly or wilfully authorises or permits the contravention shall be punishable with fine which may extend to one thousand rupees. **25. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the procedure for the retirement of members under section 6; (b) the disqualifications for continuing as a member of the Commission; (c) the terms and conditions of service of members of the Commission; (d) the terms and conditions of service of employees appointed by the Commission; (e) the additional functions which may be performed by the Commission under clause (j) of section 12; (f) the returns and information which are to be furnished by Universities in respect of their financial position or standards of teaching and examination maintained therein; (g) the inspection of Universities; (h) the form and manner in which the budget and reports are to be prepared by the Commission; (i) the manner in which the accounts of the Commission are to be maintained; (j) the form and manner in which returns or other information are to be furnished by the Commission to Central Government; (k) any other matter which has to be, or may be, prescribed. 1[(3) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.] **26. Power to make regulations.—(1) The Commission [2][may, by notification in the Official Gazette,** make regulations] consistent with this Act and the rules made thereunder,— (a) regulating the meetings of the Commission and the procedure for conducting business thereat; (b) regulating the manner in which and the purposes for which persons may be associated with the Commission under section 9; 1. Subs. by Act 59 of 1984, s. 5, for sub-section (3) (w.e.f. 1-10-1984). 2. Subs. by s. 6, ibid., for “may make regulations” (w.e.f. 1-10-1984). 10 ----- (c) specifying the terms and conditions of service of the employees appointed by the Commission; (d) specifying the institutions or class of institutions which may be recognised by the Commission under clause (f) of section 2; (e) defining the qualifications that should ordinarily be required of any person to be appointed to the teaching staff of the University, having regard to the branch of education in which he is expected to give instruction; (f) defining the minimum standards of instruction for the grant of any degree by any University; (g) regulating the maintenance of standards and the co-ordination of work or facilities in Universities. 1[(h) regulating the establishment of institutions referred to in clause (ccc) of section 12 and other matters relating to such institutions; (i) specifying the matters in respect of which fees may be charged, and scales of fees in accordance with which fees may be charged, by a college under sub-section (2) of section 12A; (j) specifying the manner in which an inquiry may be conducted under sub-section (4) of section 12A.] (2) No regulation shall be made under clause (a) or clause (b) or clause (c) or clause (d) [1][(or clause (h) or clause (i) or clause (j)] of sub-section (1) except with the previous approval of the Central Government. 1[(3) The power to make regulations conferred by this section [except clause (i) and clause (j) of sub-section (1)] shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the regulations or any of them but no retrospective effect shall be given to any regulation so as to prejudicially affect the interests of any person to whom such regulation may be applicable.] 2[27. Power to delegate.—(1) The Commission may, 3[by regulations made, by notification in the Official Gazette,] under this Act, delegate to its Chairman, Vice-Chairman or any of its officers, its power of general superintendence and direction over the business transacted by, or in, the Commission, including the powers with regard to the expenditure incurred in connection with the maintenance of the office and internal administration of the Commission. (2) No regulation shall be made under this section except with the previous approval of the Central Government.] 4[28. Laying of rules and regulations before Parliament.—Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.] 1. Ins. by Act 59 of 1984, s. 6 (w.e.f. 1-10-1984). 2. Ins. by Act 33 of 1972, s. 8 (w.e.f. 17-6-1972). 3. Subs. by Act 59 of 1984, s. 7, for “by regulation made” (w.e.f. 1-10-1984). 4. Ins. by s. 8, ibid. (w.e.f. 1-10-1984). 11 -----

2-Jun-1956

25

The All-India Institute of Medical Science Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1699/1/AAA1956___25.pdf

central

# THE ALL-INDIA INSTITUTES OF MEDICAL SCIENCE ACT, 1956 _______ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Establishment and incorporation of the Institute. 4. Composition of the Institute. 5. Declaration of Institutes as institution of national importance. 6. Term of office of, and vacancies among, members. 7. President of the Institute. 8. Allowances of President and members. 9. Meetings of the Institute. 10. Governing Body and other Committees of the Institute. 11. Staff of the Institute. 12. Location of the Institute. 13. Objects of the Institute. 14. Functions of the Institute. 15. Payment to the Institute. 16. Fund of the Institute. 17. Budget of the Institute. 18. Accounts and audit. 19. Annual Report. 20. Pension and provident funds. 21. Authentication of the orders and instruments of the Institute. 22. Acts and proceedings not to be invalidated by vacancies, etc. 23. Recognition of Medical, dental and nursing qualifications granted by the Institute. 24. Grant of medical, dental or nursing degrees, diplomas, etc., by the Institute. 25. Control by Central Government. 26. Disputes between the Institute and the Central Government. 27. Returns and information. 27A. Incorporation of Institute registered as society under the Societies Registration Act, 1860. 27B. Effect of incorporation of Institutes. 27C. Provisions of this Act to apply to societies incorporated into All-India Institutes of Medical Science under section 27A. 27D. Power to make transitory provisions for Institutes (other than existing Institute). 28. Power to make rules. 29. Power to make regulations. 1 ----- # THE ALL-INDIA INSTITUTES OF MEDICAL SCIENCES ACT, 1956 ACT NO. 25 OF 1956 [2nd June, 1956.] # An Act to provide for the establishment of [1][All-India Institutes of Medical Sciences]. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the [2][All-India Institutes of Medical** Sciences] Act, 1956. (2) It shall come into force on such date[3] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise, requires,—** 4[(a) “corresponding Institute” means the Institutes referred to in column (3) of the Table given under section 27A; (aa) “existing Institute” means the All-India Institute of Medical Sciences,— (i) established under sub-section (1) of section 3, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012); and (ii) located at New Delhi, as required under section 12 as it stood before such commencement; (ab) “Fund” means the Fund of the Institute referred to in section 16;] (b) ‘Governing Body’ means the Governing Body of the Institute; (c) Institute means the All-India Institute of Medical Sciences established under section 3 [5][and includes the corresponding Institutes and other Institutes which may be established on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012)] ; (d) ‘member’ means a member of the Institute; (e) ‘regulation’ means a regulation made by the Institute; (f) ‘rules’ means a rule made by the Central Government. 5[(g) “society” means the society referred to in column (2) of the Table given under section 27A.] **3. Establishment and incorporation of the Institute.—(1) With effect from such date as the** Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act an institution to be called the All India Institute of Medical Sciences: 6[Provided that the Central Government may, on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), establish by notification in the Official Gazette, such other All-India Institutes of Medical Sciences at such places as it may specify in the said notification in addition to the existing Institute and the corresponding Institutes.] 1. Subs. by Act 37 of 2012, s. 2, for “an All-India Institute of Medical Sciences” (w.e.f. 16-7-2012). 2. Subs. by s. 3, ibid., for “All-India Institute of Medical Sciences” (w.e.f. 16-7-2012). 3. 15th November, 1956, _vide notification No. S. R. O. 2688, dated 6th November, 1956,_ _see Gazette of India, Extraordinary,_ Part II, s. 3 and this Act has been extended in its application to the Union territory Goa, Daman and Diu by the Act 11 of 1963, s. 3 and the Schedule (w.e.f 1-2-1965). 4. Subs. by Act 37 of 2012, s. 4, for clause (a) (w.e.f. 16-7-2012). 5. Ins. by s. 4, ibid. (w.e.f. 16-7-2012). 6. The proviso ins. by s. 5, ibid. (w.e.f. 16-7-2012). 2 ----- (2) [1][Every Institute] shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. **4. Composition of the Institute.—[2][Every Institute] shall consist of the following members,** namely:— 3[(a) in the case of existing Institute, the Vice-Chancellor of the Delhi University, ex officio; (aa) in the case of every other Institute established on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), the Vice-Chancellor of a University situated in a State in which such Institute has been established after such commencement and such Vice-Chancellor shall be nominated by the Central Government;] (b) the Director General of Health Services, Government of India, ex officio; (c) the Director of the Institute, ex officio; (d) two representatives of the Central Government to be nominated by that Government, one from the Ministry of Finance and one from the Ministry of Education; (e) five persons of whom one shall be a non-medical scientist representing the Indian Science Congress Association, to be nominated by the Central Government; (f) four representatives of the medical faculties of Indian Universities to be nominated by the Central Government in the manner prescribed by rules; and (g) three members of Parliament of whom two shall be elected from among themselves by the members of the House of the People and one from among themselves by the members of the Council of States. 4[5. Declaration of Institutes as institution of national importance.—(1) It is hereby declared that the existing Institute declared as an institution of national importance, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), under section 5 as it stood before such commencement, shall continue to be an institution of national importance. (2) It is hereby declared that every corresponding Institute shall be an institution of national importance. (3) It is hereby declared that every Institute established under the proviso to sub-section (1) of section 3, on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be an institution of national importance.] **6. Term of office of, and vacancies among, members.—(1) Save as otherwise provided in the** section, the term of office of a member shall be five years from the date of his nomination or election: Provided that the term of office of a member elected under clause (g) of section 4 shall come to an end as soon as he [5][becomes a Minister or Minister of State or Deputy Minister, or the Speaker or the Deputy Speaker of the House of the People, or the Deputy Chairman of the Council of States or] ceases to be a member of the House from which he was elected. (2) The term of office of an ex officio member shall continue so long as he holds the office in virtue of which he is such a member. (3) The term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he is nominated or elected. (4) An outgoing member shall, unless the Central Government otherwise directs, continue in office until another person is nominated or elected as a member in his place. 1. Subs. by Act 37 of 2012, s. 5, for “The Institute” (w.e.f. 16-7-2012). 2. Subs. by s. 6, ibid., for “The Institute” (w.e.f. 16-7-2012). 3. Subs. by s. 6, ibid., for clause (a) (w.e.f. 16-7-2012). 4. Subs. by s. 7, ibid., for section 5 (w.e.f. 16-7-2012). 5. Ins. by Act 33 of 2000, s. 2 (w.e.f. 25-8-2000). 3 ----- (5) An outgoing member shall be eligible for re-nomination or re-election. (6) A member may resign his office by writing under his hand addressed to the Central Government but he shall continue in office until his resignation is accepted by that Government. (7) The manner of filling vacancies among members shall be such as may be prescribed by rules. **7. President of the Institute.—(1) There shall be a [1][President for every Institute] who shall be** nominated by the Central Government from among the members other than the Director of the Institute. 2[Provided that the President of the existing Institute shall also be the President of every corresponding Institute and other Institutes established on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), till such date the Central Government nominates a separate President for every corresponding Institute and other Institutes established after such commencement.] (2) The President shall exercise such powers and discharge such functions as are laid down in this Act or as may be prescribed by rules or regulations. **8. Allowances of President and members.—The President and members shall receive such** allowances, if any, [3][from the Institute of which they are the President and members] as may be prescribed by rules. 4[Provided that in case a person is a President of two or more Institutes, the allowances shall be borne by the Institutes in such proportion as may be prescribed by rules.] **9. Meetings of the Institute.—[5][Every Institute shall] hold its first meeting at such time and place as** may be appointed by the Central Government and shall observe such rules of procedure in regard to the transaction of business at the first meeting as may be laid down by that Government; and thereafter [6][every Institute shall meet] at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulation: 7[Provided that the provisions relating to holding of the first meeting shall not apply to the existing Institute.] **10. Governing Body and other Committees of the Institute.—(1) There shall be [8][separate** Governing Body for every Institute which shall be constituted by such Institute] from among its members in such manner as may be prescribed by regulations. 9[Provided that the Governing Body of the existing Institute, constituted before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be deemed to have been constituted under this section.] (2) The Governing Body shall be the executive committee of [10][every Institute] and shall exercise such powers and discharge such functions as [10][every Institute] may, by regulations made in this behalf, confer or impose upon it. (3) The President of [10][every Institute] shall be the Chairman of the Governing Body and as Chairman thereof shall exercise such powers and discharge such functions as may be prescribed by regulations. (4) The procedure to be followed in the exercise of its powers and discharge of its functions by the Governing Body, and the term of office of, and the manner of filling vacancies among, the members of the Governing Body shall be such as may be prescribed by regulations. 1. Subs. by Act 37 of 2012, s. 8, for “President of the Institute” (w.e.f. 16-7-2012). 2. Ins. by s. 8, ibid. (w.e.f. 16-7-2012). 3. Subs. by s. 9, ibid., for “from the Institute” (w.e.f. 16-7-2012). 4. Ins. by s. 9, ibid. (w.e.f. 16-7-2012). 5. Subs. by s. 10, ibid., for “The Institute shall” (w.e.f. 16-7-2012). 6. Subs. by s. 10, ibid., for “the Institute shall meet” (w.e.f. 16-7-2012). 7. Ins. by s. 10, ibid. (w.e.f. 16-7-2012). 8. Subs. by s. 11, ibid., for “a Governing Body of the Institute which shall be constituted by the Institute” (w.e.f. 16-7-2012). 9. Ins. by s. 11, ibid. (w.e.f. 16-7-2012). 10. Subs. by s. 11, ibid., for “the Institute” (w.e.f. 16-7-2012). 4 ----- (5) Subject to such control and restrictions as may be prescribed by rules, [1][every Institute may constitute] as many standing committees and as many ad hoc committees as it thinks fit for exercising any power or discharging any [2][functions of such Institute] or for inquiring into or reporting or advising upon, any matter which the Institute may refer to them. (6) A standing committee shall consist exclusively of [3][members of every Institute; but an _ad hoc_ committee may include persons who are not members of such Institute] but the number of such persons shall not exceed one-half of its total membership. 4[Provided that the Standing Committee of the existing Institute constituted, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be deemed to have been constituted under this section.] (7) The Chairman and members of the Governing Body and the Chairman and members of a standing committee or an _ad hoc committee shall receive such allowances, if any, as may be prescribed by_ regulations. **11. Staff of the Institute.—(1) There shall be a [5][chief executive officer of every Institute] who shall** be designated as the [6][Director of such Institute] and shall, subject to such rules as may be made by the Central Government in this behalf, be appointed by the Institute: 7[Provided that the first Director of every Institute (other than the existing Institute), established on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be appointed by the Central Government: Provided further that in case a Director of a society has been appointed by the Central Government before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012, such Director shall be deemed to be the first Director of the concerned corresponding Institute.] 8[(1A) The Director shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier: Provided that any person holding office as a Director immediately before the commencement of the All-India Institute of Medical Sciences and the Post-Graduate Institute of Medical Education and Research (Amendment) Act, 2007 (42 of 2007), shall in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such Director and shall be entitled to claim compensation not exceeding three months’ pay and allowances for the premature termination of his office or of any contract of service.] (2) The Director shall act as the Secretary to the Institute as well as the Governing Body. (3) The Director shall exercise such powers and discharge such functions as may be prescribed by regulations or as may be delegated to him by the Institute or the President of the Institute or by the Governing Body or the Chairman of the Governing Body. (4) Subject to such rules as may be made by the Central Government in this behalf, the Institute may appoint such number of other officers and employees as may be necessary for the exercise of its powers and discharge of its functions and may determine the designations and grades of such other officers and employees. (5) The Director and other officers and employees of the Institute shall be entitled to such salary and allowances and shall be governed by such conditions of service in respect of leave, pension, provident fund and other matters as may be prescribed by regulations made in this behalf. 1. Subs. by Act 37 of 2012, s. 11, for “the Institute may constitute” (w.e.f. 16-7-2012). 2. Subs. by s. 11, ibid., for “functions of the Institute” (w.e.f. 16-7-2012). 3. Subs. by s. 11, ibid., for certain words (w.e.f. 16-7-2012). 4. Ins. by s. 11, ibid. (w.e.f. 16-7-2012). 5. Subs. by s. 12, ibid., for “chief executive officer of the Institute” (w.e.f. 16-7-2012). 6. Subs. by s. 12, ibid., for “Director of the Institute” (w.e.f. 16-7-2012). 7. Subs. by s. 12, ibid., for the proviso (w.e.f. 16-7-2012). 8. Ins. by Act 42 of 2007, s. 2 (w.e.f. 30-11-2007). 5 ----- 1[12. Location of the Institute.—(1) The existing Institute shall be located at New Delhi. (2) All corresponding Institutes shall be located at the places mentioned in column (3) of the Table given under section 27A. (3) All Institutes [other than the existing Institute and corresponding Institutes referred to in sub-sections (1) and (2)] shall be located at such places as the Central Government may, by notification in the Official Gazette, specify.] **13. Objects of the Institute.—The objects of [2][every Institute] shall be—** (a) to develop patterns of teaching in under-graduate and post-graduate medical education in all its branches so as to demonstrate a high standard of medical education to all medical colleges and other allied institutions in India; (b) to bring together in one place educational facilities of the highest order for the training of personnel in all important branches of health activity; and (c) to attain self-sufficiency in post-graduate medical education . **14. Functions of the Institute.—With a view to promotion of the objects specified in** section 13, [3][every Institute] may— (a) provide for under-graduate and post-graduate teaching in the science of modern medicine and other allied sciences, including physical and biological sciences; (b) provide facilities for research in the various branches of such sciences; (c) provide for the teaching of humanities in the under graduate courses; (d) conduct experiments in new methods of medical education, both under graduate and post-graduate, in order to arrive at satisfactory standards of such education; (e) prescribe courses and curricula for both under-graduate and post graduate studies; (f) notwithstanding anything contained in any other law for the time being in force, establish and maintain— (i) one or more medical colleges with different departments, including a department of preventive and social medicine, sufficiently staffed and equipped to undertake not only under graduate medical education but also post-graduate medical education in different subjects; (ii) one or more well-equipped hospitals; (iii) a dental college with such institutional facilities for the practice of dentistry and for the practical training of students as may be necessary; (iv) a nursing college sufficiently staffed and equipped for the training of nurses; (v) rural and urban health organisations which will form centers for the field training of the medical, dental and nursing students of the Institute as well as for research into community health problems; and (vi) other institutions for the training of different types of health workers, such as physiotherapists, occupational therapists and medical technicians of various kinds; (g) train teachers for the different medical colleges in India; (h) hold examinations and grant such degrees, diplomas and other academic distinctions and titles in under-graduate and post-graduate medical education as may be laid down in the regulations; 1. Subs. by Act 37 of 2012, s. 13, for section 12 (w.e.f. 16-7-2012). 2. Subs. by s. 14, ibid., for “the Institute” (w.e.f. 16-7-2012). 3. Subs. by s. 15, ibid., for “the Institute” (w.e.f. 16-7-2012). 6 ----- (i) institute, and appoint persons to, professorships, readerships, lectureships and posts of any description in accordance with regulations; (j) receive grants from the Government and gifts, donations, benefactions, bequests and transfers of properties, both movable and immovable, from donors, benefactors, testators or transferors, as the case may be; (k) deal with any property belonging to, or vested in, the Institute in any manner which is considered necessary for promoting the objects specified in section 13; (1) demand and receive such fees and other charges as may be prescribed by regulations; 1[(m) construct quarters for its staff and allot such quarters to the staff in accordance with such regulations as may be made in this behalf; (n) borrow money, with the prior approval of the Central Government, on the security of the property of the Institute;] **15. Payment to the Institute.—The Central Government may, under appropriation made by** Parliament by law in this behalf, pay to [2][every Institute] in each financial year such sums of money and in such manner as may be considered necessary by that Government for the exercise of its powers and discharge of its functions under this Act. **16. Fund of the Institute.—(1) [3][Every Institute] shall maintain a Fund to which shall be credited—** (a) all moneys provided by the Central Government; (b) all fees and other charges received by the Institute; (c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; and (d) all moneys received by the Institute in any other manner or from any other source. 4[Provided that the Fund maintained by the existing Institute and the society, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be deemed to be the Fund maintained under this section.] (2) All moneys credited to the Fund shall be deposited in such banks or invested in such manner as the Institute may, with the approval of the Central Government, decide. (3) The fund shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its functions under section 14. **17. Budget of the Institute.—[5][Every Institute shall prepare], in such form and at such time every** year as may be prescribed by rules, a budget in respect of the financial year next ensuing showing the estimated receipts and [6][expenditure of the concerned Institute] and shall forward to the Central Government such number of copies thereof as may be prescribed by rules. **18. Accounts and audit.—(1) [7][Every Institute] shall maintain proper accounts and other relevant** records and prepare an annual statement of accounts, including the balance-sheet in such form as the Central Government may by rules prescribe in consultation with the Comptroller and Auditor-General of India. 1. Ins. by Act 30 of 1987, s. 2 (w.e.f. 8-9-1987). 2. Subs. by Act 37 of 2012, s. 16, for “the Institute” (w.e.f. 16-7-2012). 3. Subs. by s. 17, ibid., for “The Institute” (w.e.f. 16-7-2012). 4. Ins. by s. 17, ibid. (w.e.f. 16-7-2012). 5. Subs. by s. 18, ibid., for “The Institute shall prepare” (w.e.f. 16-7-2012). 6. Subs. by s. 18, ibid., for “expenditure of the Institute” (w.e.f. 16-7-2012). 7. Subs. by s. 19, ibid., for “The Institute” (w.e.f. 16-7-2012). 7 ----- (2) The accounts of [1][every Institute] shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by [1][every Institute] to the Comptroller and Auditor General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of [1][every Institute] shall have the same rights, privileges and authority in connection with such audit as the Comptroller General of India has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of [1][every Institute] as well as of the institutions established and maintained by it. (4) The accounts of [1][every Institute] as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament. **19. Annual Report.—[2][Every Institute] shall prepare for every year a report of its activities during** that year and submit the report to the Central Government in such form and on or before such date as may be prescribed by rules and a copy of this report shall be laid before both Houses of Parliament within one month of its receipt. **20. Pension and provident funds.—(1) [3][Every Institute] shall constitute for the benefit of its** officers, teachers and other employees in such manner and subject to such conditions as may be prescribed by regulations, such pension and provident funds as it may deem fit. 4[Provided that the pension and provident fund constituted by the existing Institute or society, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be deemed to be the pension and provident fund under this section.] (2) Where any such pension or provident fund has been constituted the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as if it were a Government provident fund. **21. Authentication of the orders and instruments of the Institute.—All orders and [5][decisions of** every Institute] shall be authenticated by the signature of the President or any other member authorised by the Institute in this behalf and all other instruments shall be authenticated by the signature of the Director or any other [6][officer of every Institute] authorised in like manner in this behalf. **22. Acts and proceedings not to be invalidated by vacancies, etc.—No act done or proceeding** taken by [7][every Institute], Governing Body or any standing or ad hoc committee under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, [7][every Institute], Governing Body or such standing or ad hoc committee. 8[23. Recognition of Medical, dental and nursing qualifications granted by the **Institute.—** Notwithstanding anything contained in the Indian Medical Council Act, 1956 (102 of 1956), the Dentists Act, 1948 (16 of 1948) and the Indian Nursing Council Act, 1947 (48 of 1947), the medical, dental or nursing degrees or diplomas, as the case may be, granted by [7][every Institute] under this Act shall be recognised— (a) medical qualifications for the purpose of the Indian Medical Council Act, 1956 (102 of 1956) and shall be deemed to be included in the First Schedule to that Act; 1. Subs. by Act 37 of 2012, s. 19, for “the Institute” (w.e.f. 16-7-2012). 2. Subs. by s. 19, ibid., for “The Institute” (w.e.f. 16-7-2012). 3. Subs. by s. 20, ibid., for “The Institute” (w.e.f. 16-7-2012). 4. Ins. by s. 20, ibid. (w.e.f. 16-7-2012). 5. Subs. by s. 21, ibid., for “decisions of the Institute” (w.e.f. 16-7-2012). 6. Subs. by s. 21, ibid., for “officer of the Institute” (w.e.f. 16-7-2012). 7. Subs. by s. 22, ibid., for “the Institute” (w.e.f. 16-7-2012). 8. Subs. by Act 24 of 2002, s. 2, for section 23 (w.e.f. 24-5-2002). 8 ----- (b) dental qualifications for the purpose of the Dentists Act, 1948 (16 of 1948) and shall be deemed to be included in the Scheduled to that Act; and (c) nursing qualifications for the purpose of the Indian Nursing Council Act, 1947(48 of 1947) and shall be deemed to be included in the Schedule to that Act.] 1[24. **Grant** **of** **medical,** **dental** **or** **nursing** **degrees,** **diplomas,** **etc.,** **by** **the** **Institute.—Notwithstanding anything contained in any other law for the time being in force, [2][every** Institute] shall have power to grant medical, dental or nursing degrees, diplomas and other academic distinctions and title under this Act.] **25. Control by Central Government.—[3][Every Institute] shall carry out such directions as may be** issued to it from time to time by the Central Government for the efficient administration of this Act. **26. Disputes between the Institute and the Central Government.—If in, or in connection with, the** exercise of its powers and discharge of its functions by the Institute under this Act, any dispute arises between the Institute and the Central Government, the decision of the Central Government on such dispute shall be final. **27. Returns and information.—[3][Every Institute] shall furnish to the Central Government such** reports, returns and other information as that Government may require from time to time. 4[27A. Incorporation of Institute registered as society under the Societies Registration **Act, 1860.—Each of the Institute, registered as society under the Societies Registration** Act, 1860 (21 of 1860) and mentioned in column (2) of the Table below shall be a body corporate having perpetual succession and common seal and shall by its name mentioned in column (3) of that Table, sue and be sued: TABLE LIST OF SOCIETIES INCORPORATED AS ALL-INDIA INSTITUTES OF MEDICAL SCIENCES Serial Number Society Corresponding Institute and place of its location (1) (2) (3) 1. All-India Institute of Medical Sciences, Bhopal 2. All-India Institute of Medical Sciences, Bhubaneswar 3. All-India Institute of Medical Sciences, Jodhpur 4. All-India Institute of Medical Sciences, Patna 5. All-India Institute of Medical Sciences, Raipur 6. All-India Institute of Medical Sciences, Rishikesh All-India Institute of Medical Sciences, Bhopal (Madhya Pradesh). All-India institute of Medical Sciences, Bhubaneswar (Odisha). All-India Institute of Medical Sciences, Jodhpur (Rajasthan). All-India Institute of Medical Sciences, Patna (Bihar). All-India Institute of Medical Sciences, Raipur (Chhattisgarh). All-India Institute of Medical Sciences, Rishikesh (Uttarakhand).] 1. Subs. by Act 24 of 2002, s. 3, for section 24 (w.e.f. 24-5-2002). 2. Subs. by Act 37 of 2012, s. 22, for “the Institute” (w.e.f. 16-7-2012). 3. Subs. by s. 22, ibid., for “The Institute” (w.e.f. 16-7-2012). 4. Ins. by s. 23, ibid. (w.e.f. 16-7-2012). 9 ----- **27B. Effect of incorporation of Institutes.—(1) On and after the commencement of the All-India** Institute of Medical Sciences (Amendment) Act, 2012,— (a) any reference to a society in any law, other than this Act, or in any contract or other instrument, shall be deemed as a reference to the corresponding Institute; (b) all property, movable and immovable, of or belonging to a society shall vest in the corresponding Institute; (c) all the rights and liabilities of a society shall be transferred to, and be the rights and liabilities of, the corresponding Institute; (d) subject to the provisions of this Act, every person (including Director, officers and other employees) who is employed in the society, immediately before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall, on and after such commencement, become an employee of the corresponding Institute and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same on the date of the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), as if the said Act had not been promulgated, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations: Provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the Central Government; (e) the Governing Body of every society, shall, from the date of constitution of the Governing Body under sub-section (1) of section 10, stand dissolved and no chairperson or other person shall be entitled to any compensation for the premature termination of the term of his office or of any contract of service; (f) all committees (including Standing Committee, if any) of the society shall stand dissolved; (g) any examination conducted by the existing Institute for admission of candidates for award of medical degrees and diplomas by such society shall be valid examination and be deemed to have been conducted by the corresponding Institute. (2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, absorption of any employee by the corresponding Institutes in its regular service under this section shall not entitle such employee to any compensation under this Act or any other law and no such claim shall be entertained by any court, tribunal or other authority. **27C. Provisions of this Act to apply to societies incorporated into All-India Institutes of Medical** **Science under section 27A.—All provisions of this Act shall,** _mutatis mutandis, apply to the societies,_ referred to in column (2) of the Table given under section 27A, incorporated into All-India Institutes of Medical Sciences referred to in column (3) of the said Table. **27D. Power to make transitory provisions for Institutes (other than existing Institute).—(1) The** Central Government may, if it is of the opinion that certain measures are required for speedy and effective functioning of corresponding Institutes (other than the existing Institute), by notification in the Official Gazette, specify such measures as it may consider necessary for the smooth and effective functioning of such Institutes: Provided that no such notification shall be issued under this section, after the expiry of a period of two years from the date of commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012). (2) Every notification issued under this section shall be laid, as soon as may be after it is made, before each House of Parliament.] **28. Power to make rules.—(1) The Central Government, after consultation with [1][all the Institutes],** may, by notification in the Official Gazette, make rules to carry out the purposes of this Act: 1. Subs. by Act 37 of 2012, s. 24, for “the Institute” (w.e.f. 16-7-2012). 10 ----- Provided that consultation with the Institute shall not be necessary on the first occasion of the making of rules under this section, but the Central Government shall take into consideration any suggestions which the Institute may make in relation to the amendment of such rules after they are made. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of nomination of members under clause (f) of section 4; 1[(aa) the proportion of allowances of the President to be borne by the Institutes under the proviso to section 8;] (b) the control and restrictions in relation to the constitution of standing and _ad hoc committees_ under sub-section (5) of section 10; (c) the conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, members of [2][every Institute]; (d) the powers and functions to be exercised and discharged by the President of the Institute; (e) the allowances, if any, to be paid to the President and members of the Institute; (f) the number of officers and employees that may be appointed by the Institute and the manner of such appointment; (g) the form in which and the time at which the budget and reports shall be prepared by the Institute and the number of copies thereof to be forwarded to the Central Government; (h) the form and manner in which returns and information are to be furnished by the Institute to the Central Government; (i) any other matter which has to be or may be prescribed by rules. 3[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **29. Power to make regulations.—[4][Every Institute] [5][, with the previous approval of the Central** Government, may, by notification in the Official Gazette] make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for— (a) the summoning and holding of meetings other than the first meeting of the Institute, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum; (b) the manner of constituting the Governing Body and standing and ad hoc committees, the term of office of, and the manner of filling vacancies among, the members of, the Governing Body and standing and ad hoc committees; (c) the powers and functions to be exercised and discharged by the President of the Institute and the Chairman of the Governing Body. (d) the allowances, if any, to be paid to the Chairman and the members of the Governing Body and of standing and ad hoc committees; 1. Ins. by Act 37 of 2012, s. 24 (w.e.f. 16-7-2012). 2. Subs. by s. 24, ibid., for “the Institute” (w.e.f. 16-7-2012). 3. Subs. by Act 4 of 1986, s. 2 and the Schedule, for sub-section (3) (w.e.f. 15-5-1986). 4. Subs. by Act 37 of 2012, s. 25, for “The Institute” (w.e.f. 16-7-2012). 5. Subs. by Act 4 of 1986, s. 2 and the Schedule, for “may, with the previous approval of the Central Government” (w.e.f. 15-5-1986). 11 ----- (e) the procedure to be followed by the Governing Body and standing and ad hoc committees in the conduct of their business, exercise of their powers and discharge of their functions; (f) the tenure of office, salaries and allowances and other conditions of service of the Director and other officers and employees of the Institute including teachers appointed by the Institute; (g) the powers and duties of the Chairman of the Governing Body; (h) the powers and duties of the Director and other officers and employees of the Institute; (i) the management of the properties of the Institute; (j) the degrees, diplomas and other academic distinctions and titles which may be granted by the Institute; (k) the professorships, readerships, lecturerships and other posts which may be instituted and persons who may be appointed to such professorships, readership, lecturerships and other posts; (l) the fees and other charges which may be demanded and received by the Institute; (m) the manner in which, and the conditions subject to which, pension and provident funds may be constituted for the benefit of officers, teachers and other employees of the Institute; (n) any other matter for which under this Act provisions may be made by regulations. 1[Provided that the regulations made by the existing Institute, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012, shall continue to be the regulations made under this section until such regulations are amended or rescinded by the existing Institute in accordance with the provisions of this section.] (2) Until the Institute is established under this Act, any regulation which may be made under sub-section (1) may be made by the Central Government, and any regulation so made may be altered or rescinded by the Institute in exercise of its powers under sub-section (1). 1[Provided that every corresponding Institute shall, within three months of the date of the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012, make regulations.] 2[(3) Every regulation made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.] 1. Ins. by Act 37 of 2012, s. 25 (w.e.f. 16-7-2012). 2. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 12 -----

17-Jun-1956

30

The Hindu Succession Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1713/1/AAA1956suc___30.pdf

central

# THE HINDU SUCCESSION ACT, 1956 ____________ # ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and extent. 2. Application of Act. 3. Definitions and interpretation. 4. Overriding effect of Act. CHAPTER II INTESTATE SUCCESSION _General_ 5. Act not to apply to certain properties. 6. Devolution of interest in coparcenary property. 7. Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaruorillom. 8. General rules of succession in the case of males. 9. Order of succession among heirs in the Schedule. 10. Distribution of property among heirs in class I of the Schedule. 11. Distribution of property among heirs in class II of the Schedule. 12. Order of succession among agnates and congnates. 13. Computation of degrees. 14. Property of a female Hindu to be her absolute property. 15. General rules of succession in the case of female Hindus. 16. Order of succession and manner of distribution among heirs of a female Hindu. 17. Special provisions respecting persons governed by marumakkattayam and aliyasantana laws. _General provisions relating to succession_ 18. Full blood preferred to half blood. 19. Mode of succession of two or more heirs. 20. Right of child in womb. 21. Presumption in cases of simultaneous deaths. 22. Preferential right to acquire property in certain cases. 23. [Omitted.]. 24. [Omitted.]. 25. Murderer disqualified. 26. Convert’s descendants disqualified. 27. Succession when heir disqualified. 28. Disease, defect, etc., not to disqualify. _Escheat_ 29. Failure of heirs. 1 ----- SECTIONS 30. Testamentary succession. 31. [Repealed.]. THE SCHEDULE. CHAPTER III TESTAMENTARY SUCCESSION CHAPTER IV REPEALS 2 ----- # THE HINDU SUCCESSION ACT, 1956 ACT NO. 30 OF 1956[1] An Act to amend and codify the law relating to intestate succession among Hindus. [17th June, 1956.] BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:― CHAPTER I PRELIMINARY **1. Short title and extent.―(1) This Act may be called the Hindu Succession Act, 1956.** (2) It extends to the whole of India [2]***. **2. Application of Act.―(1)This Act applies―** (a) to any person, who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. _Explanation.―The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case_ may be:― (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; (c) any person who is a convert or reconvert to the Hindu, Buddhist, Jaina or Sikh religion. (2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs. (3) The expression “Hindu” in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section. **3. Definitions and interpretation.―(1)In this Act, unless the context otherwise requires,―** (a) “agnate”―one person is said to be an “agnate” of another if the two are related by blood or adoption wholly through males; (b) “aliyasantana law” means the system of law applicable to persons who, if this Act had not been passed, would have been governed by the Madras Aliyasantana Act, 1949, (Madras Act 9 of 1949) or by the customary aliyasantana law with respect to the matters for which provision is made in this Act; 1. The Act hasbeen extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule and to Pondicherry by Reg. 7 of 1963, s. 3 and First Schedule. 2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 3 ----- (c) “cognate”―one person is said to be a “cognate” of another if the two are related by blood or adoption but not wholly through males; (d) the expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy: and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family; (e) full blood “half blood” and “uterine blood”― (i) two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife, and by half blood when they are descended from a common ancestor but by different wives; (ii)two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands; _Explanation.―In this clause “ancestor” includes the father and “ancestress” the mother;_ (f) “heir” means any person, male or female, who is entitled to succeed to the property of an intestate under this Act; (g) “intestate”―a person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect; (h) “marumakkattayam law” means the system of law applicable to persons― (a)who, if this Act had not been passed, would have been governed by the Madras Marumakkattayam Act, 1932 (Madras Act 22 of 1933); the Travancore Nayar Act (2 of 1100K); the Travancore Ezhava Act (3 of 1100K); the Travancore Nanjinad Vellala Act (6 of 1101K); the Travancore Kshatriya Act (7 of 1108K); the Travancore Krishnanvaka Marumak kathayee (Act 7 of 1115K); the Cochin Marumak kathayam Act (33 of 1113K); or the Cochin Nayar Act (29 of 1113K); with respect to the matters for which provision is made in this Act; or (b) who belong to any community, the members of which are largely domiciled in the State of Travancore Cochin or Madras [1][as it existed immediately before the 1st November, 1956], and who, if this Act had not been passed, would have been governed with respect to the matters for which provision is made in this Act by any system of inheritance in which descent is traced through the female line; but does not include the aliyasantana law; (i) “nambudri law” means the system of law applicable to persons who, if this Act had not been passed, would have been governed by the Madras Nambudri Act, 1932 Madras Act (21 of 1933); the Cochin Nambudri Act (17 of 111K); or the Travancore Malayala Brahmin Act (3 of 1106K); with respect to the matters for which provision is made in this Act; (j) “related” means related by legitimate kinship: Provided that illegitimate children shall be deemed to be related to their mother and to one another, and their legitimate descendants shall be deemed to be related to them and to one another; and any word expressing relationship or denoting a relative shall be construed accordingly. (2) In this Act, unless the context otherwise requires, words importing the masculine gender shall not be taken to include females. 1. Ins. by the Adaptation of Laws (No. 3) Order, 1956. 4 ----- **4. Overriding effect of Act.―(1) Save as otherwise expressly provided in this Act,―** (a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act; (b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act. 1* - - - CHAPTER II INTESTATE SUCCESSION _General_ **5. Act not to apply to certain properties.―This Act shall not apply to―** (i) any property succession to which is regulated by the Indian Succession Act, 1925 ( 39 of 1925), by reason of the provisions contained in section 21 of the Special Marriage Act, 1954 (43 of 1954); (ii) any estate which descends to a single heir by the terms of any covenant or agreement entered into by the Ruler of any Indian State with the Government of India or by the terms of any enactment passed before the commencement of this Act; (iii) the Valiamma Thampuran Kovilagam Estate and the Palace Fund administered by the Palace Administration Board by reason of the powers conferred by Proclamation (IX of 1124) dated 29th June, 1949, promulgated by the Maharaja of Cochin. **2[6. Devolution of interest in coparcenary property.―(1) On and from the commencement of the** Hindu Succession (Amendment) Act, 2005 (39 of 2005), in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,― (a) by birth become a coparcener in her own right the same manner as the son; (b) have the same rights in the coparcenery property as she would have had if she had been a son; (c) be subject to the same liabilities in respect of the said coparcenery property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener: Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004. (2) Any property to which a female Hindu becomes entitled by virtue of sub-section (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by testamentary disposition. (3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005 (39 of 2005), his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenery property shall be deemed to have been divided as if a partition had taken place and,― (a) the daughter is allotted the same share as is allotted to a son; 1. Omitted by Act 39 of 2005, s. 2 (w.e.f. 9-9-2005). 2. Subs. by s. 3, ibid., for section 6 (w.e.f. 9-9-2005). 5 ----- (b) the share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter; and (c) the share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter, as the case may be. _Explanation.―For the purposes of this sub-section, the interest of a Hindu Mitakshara coparcener_ shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. (4) After the commencement of the Hindu Succession (Amendment) Act, 2005 (39 of 2005), no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt: Provided that in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005 (39 of 2005), nothing contained in this sub-section shall affect― (a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or (b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 (39 of 2005)had not been enacted. _Explanation.―For the purposes of clause (a), the expression “son”, “grandson” or “great-grandson”_ shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005 (39 of 2005). (5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December, 2004 _Explanation.―For the purposes of this section “partition” means any partition made by execution of_ a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court.] **STATE AMENDMENTS** **Karnataka.―** **Insertion of new sections in Central Act 30 of 1956.―In the Hindu Succession Act, 1956 (Central** Act 30 of 1956) after section 6, the following sections shall be inserted, namely:― **“6A. Equal rights to daughter in co-parcenary property.―Notwithstanding anything contained in** section 6 of this Act,― (a) in a joint Hindu family governed by Mitakshara law, the daughter of a co-parcener shall by birth become a co-parcener in her own right in the same manner as the son and have the same rights in the co-parcenary property as she would have had if she had been a son inclusive of the right to claim by survivorship and shall be subject to the same liabilities and disabilities in respect thereto as the son; (b) at a partition in such Joint Hindu Family the co-parcenary property shall be so divided as to allot to a daughter the same share as is allotable to a son: Provided that the share which a predeceased son or a predeceased daughter would have got at the partition if he or she had been alive at the time of the partition, shall be allotted to the surviving child of such predeceased son or of such predeceased daughter: 6 ----- Provided further that the share allotable to the predeceased child of the predeceased son or of a predeceased daughter, if such child had been alive at the time of the partition, shall be allotted to the child of such predeceased child of the predeceased son or of such predeceased daughter, as the case may be; (c) any property to which a female Hindu becomes entitled by virtue of the provisions of clause (a) shall be held by her with the incidents of co-parcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition; (d) nothing in clause (b) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of Hindu Succession (Karnataka Amendment) Act, 1990. **6B. Interest to devolve by survivorship on death.―When a female Hindu dies after the** commencement of the Hindu Succession (Karnataka Amendment) Act, 1990, having at the time of her death an interest in a Mitakshara co-parcenary property, her interest in the property shall devolve by survivorship upon the surviving members of the co-parcenary and not in accordance with this Act: Provided that if the deceased had left any child or child of a pre-deceased child, the interest of the deceased in the Mitakshara co-parcenary property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship. _Explanation.―(1) For the purposes of this section the interest of female Hindu Mitakshara co-_ parcener shall be deemed to be the share in the property that would have been allotted to her if a partition of the property had taken place immediately before her death, irrespective of whether she was entitled to claim partition or not. (2) Nothing contained in the proviso to this section shall be construed as enabling a person who, before the death of the deceased had separated himself or herself from the co-parcenary, or any of his or her heirs to claim on intestacy a share in the interest referred to therein. **6C. Preferential right to acquire property in certain cases.―(1) Where, after the commencement** of Hindu Succession (Karnataka Amendment) Act, 1990 an interest in any immovable property of an intestate or in any business carried on by him or her, whether solely or in conjunction with others devolves under sections 6A or 6B upon two or more heirs and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred. (2) The consideration for which any interest in the property of the deceased may be transferred under sub-section (1) shall, in the absence of any agreement between the parties, be determined by the court, on application, being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incidental to the application. (3) If there are two or more heirs proposing to acquire any interest under, this section, that heir who offers the highest consideration for the transfer shall be preferred. _Explanation.―In this section 'Court' means the court within the limits of whose jurisdiction the_ immoveable property is situate or the business is carried on, and includes any other court which the State Government may by notification in the official Gazette specify in this behalf.] [Vide Karnataka Act 23 of 1994, sec. 2]. **7. Devolution of interest in the property of a** **_tarwad, tavazhi, kutumba, kavaru or_** **_illom.―(1)When a Hindu to whom the_** _marumakkattayam or_ _nambudri law would have applied if this_ Act had not been passed dies after the commencement of this Act, having at the time of his or her death an interest in the property of a _tarwad,_ _tavazhi or_ _illom, as the case may be, his or her interest in the_ property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not according to the marumakkattayam or nambudri law. _Explanation.―For the purposes of this sub-section, the interest of a Hindu in the property of a_ _tarwad, tavazhi or illom shall be deemed to be the share in the property of the tarwad, tavazhi or illom, as_ 7 ----- the case may be, that would have fallen to him or her if a partition of that property _per capita had been_ made immediately before his or her death among all the members of the tarwad, tavazhior illom, as the case may be, then living, whether he or she was entitled to claim such partition or not under the _marumakkattayam or nambudri law applicable to him or her, and such share shall be deemed to have been_ allotted to him or her absolutely. (2) When a Hindu to whom the aliyasantana law would have applied if this Act had not been passed dies after the commencement of this Act, having at the time of his or her death an undivided interest in the property of a kutumba or kavaru, as the case may be, his or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not according to the _aliyasantana law._ _Explanation.―For the purposes of this sub-section, the interest of a Hindu in the property of a_ _kutumba or kavaru shall be deemed to be the share in the property of the kutumba or kavaru, as the case_ may be, that would have fallen to him or her if a partition of that property _per capita had been made_ immediately before his or her death among all the members of the kutumba or kavaru, as the case may be, then living, whether he or she was entitled to claim such partition or not under the aliyasantana law, and such share shall be deemed to have been allotted to him or her absolutely. (3) Notwithstanding anything contained in sub-section (1), when a _sthanamdar dies after the_ commencement of this Act, the _sthanam property held by him shall devolve upon the members of the_ family to which the sthanamdar belonged and the heirs of the sthanamdar as if the sthanam property had been divided per capita immediately before the death of the _sthanamdar among himself and all the_ members of his family then living,, and the shares falling to the members of his family and the heirs of the _sthanamdar shall be held by them as their separate property._ _Explanation.―For the purposes of this sub-section, the family of a_ _sthanamdar shall include every_ branch of that family, whether divided or undivided, the male members of which would have been entitled by any custom or usage to succeed to the position of sthanamdar if this Act had not been passed. **8. General rules of succession in the case of males.―The property of a male Hindu dying intestate** shall devolve according to the provisions of this Chapter:― (a) firstly, upon the heirs, being the relatives specified in class I of the Schedule; (b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule; (c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and (d) lastly, if there is no agnate, then upon the cognates of the deceased. **9. Order of succession among heirs in the Schedule.―Among the heirs specified in the Schedule,** those in class I shall take simultaneously and to the exclusion of all other heirs; those in the first entry in class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession. **10. Distribution of property among heirs in class I of the Schedule.―The property of an intestate** shall be divided among the heirs in class I of the Schedule in accordance with the following rules:― _Rule 1.―The intestate’s widow, or if there are more widows than one, all the widows together,_ shall take one share. _Rule 2.―The surviving sons and daughters and the mother of the intestate shall each take one_ share. _Rule 3.―The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the_ intestate shall take between them one share. _Rule 4.―The distribution of the share referred to in Rule 3—_ 8 ----- (i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his pre-deceased sons gets the same portion; (ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions. **11. Distribution of property among heirs in class II of the Schedule.―The property of an intestate** shall be divided between the heirs specified in any one entry in class II of the Schedule so that they, share equally. **12. Order of succession among agnates and cognates.―The order of succession among agnates or** cognates, as the case may be, shall be determined in accordance with the rules of preference laid down hereunder:― _Rule 1.―Of two heirs, the one who has fewer or no degrees of ascent is preferred._ _Rule 2.―Where the number of degrees of ascent is the same or none, that heir is preferred who_ has fewer or no degrees of descent. _Rule 3.―Where neither heir is entitled to be preferred to the other under_ _Rule 1 or Rule 2 they_ take simultaneously. **13. Computation of degrees.―(1) For the purposes of determining the order of succession among** agnates or cognates, relationship shall be reckoned from the intestate to the heir in terms of degrees of ascent or degrees of descent or both, as the case may be. (2) Degrees of ascent and degrees of descent shall be computed inclusive of the intestate. (3) Every generation constitutes a degree either ascending or descending. **14.Property of a female Hindu to be her absolute property.―(1)Any property possessed by a** female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. _Explanation.―In this sub-section, “property” includes both movable and immovable property_ acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act. (2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property. **15. General rules of succession in the case of female Hindus.―(1) The property of a female Hindu** dying intestate shall devolve according to the rules set out in section 16,― (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband; (b) secondly, upon the heirs of the husband; (c) thirdly, upon the mother and father; (d) fourthly, upon the heirs of the father; and (e) lastly, upon the heirs of the mother. (2) Notwithstanding anything contained in sub-section (1),― (a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased(including the children of any pre-deceased son or daughter) not upon the other heirs referred in sub-section (1) in the order specified therein, but upon the heirs of the father; and (b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband. 9 ----- **STATE AMENDMENT** **Kerala.—** **Amendment of section 15.―In the Hindu Succession Act, 1956 (Central Act 30 of 1956), in section** 15, after clause (b) of sub-section (2), the following clause shall be inserted, namely:― “(c)” any property inherited by a female Hindu from her pre-deceased son shall devolve, not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the predeceased son from whom she inherited the property.” [Vide Kerala Act 17 of 2016, sec. 2]. **16. Order of succession and manner of distribution among heirs of a female Hindu.―The order** of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate’s property among those heirs shall take place according to the following rules, namely:― _Rule_ 1.―Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously. _Rule 2.―If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own_ children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death. _Rule 3.―The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and_ (e) of sub-section (1) and in sub-section (2) of section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death. **17. Special provisions respecting persons governed by** **_marumakkattayam and_** **_atiyasantana_** **laws.―The provisions of sections 8, 10, 15 and 23 shall have effect in relation to persons who would** have been governed by the marumakkattayam law or aliyasantana law if this Act had not been passed as if― (i) for sub-clauses (c) and (d) of section 8, the following had been substituted, namely:― “(c) thirdly, if there is no heir of any of the two classes, then upon his relatives, whether agnates or cognates.”; (ii) for clauses (a) to (e) of sub-section (1) of section 15, the following had been substituted, namely:― “(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the mother; (b) secondly, upon the father and the husband; (c) thirdly, upon the heirs of the mother; (d) fourthly, upon the heirs of the father; and (e) lastly, upon the heirs of the husband.”; (iii) clause (a) of sub-section (2) of section 15 had been omitted; (iv) section 23 had been omitted. _General provisions relating to succession_ **18. Full blood preferred to half blood.―Heirs related to an intestate by full blood shall be preferred** to heirs related by half blood, if the nature of the relationship is the same in every other respect. **19. Mode of succession of two or more heirs.―If two or more heirs succeed together to the property** of an intestate, they shall take the property,― (a) save as otherwise expressly provided in this Act, per capita and not per stirpes; and (b) as tenants-in-common and not as joint tenants. **20. Right of child in womb.―A child who was in the womb at the time of the death of an intestate** and who is subsequently born alive shall have the same right to inherit to the intestate as if he or she had been born before the death of the intestate, and the inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate. **21. Presumption in cases of simultaneous deaths.―Where two persons have died in circumstances** rendering it uncertain whether either of them, and if so which, survived the other, then, for all purposes 10 ----- affecting succession to property, it shall be presumed, until the contrary is proved, that the younger survived the elder. **22. Preferential right to acquire property in certain cases.―(1) Where, after the commencement** of this Act, an interest in any immovable property of an intestate, or in any business carried on by him or her, whether solely or in conjunction with others, devolves upon two or more heirs specified in class I of the Schedule, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred. (2) The consideration for which any interest in the property of the deceased may be transferred under this section shall, in the absence of any agreement between the parties, be determined by the court on application being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incident to the application. (3) If there are two or more heirs specified in class I of the Schedule proposing to acquire any interest under this section, that heir who offers the highest consideration for the transfer shall be preferred. _Explanation.―In this section, “court” means the court within the limits of whose jurisdiction the_ immovable property is situate or the business is carried on, and includes any other court which the State Government may, by notification in the Official Gazette, specify in this behalf. 23. [Special provision respecting dwelling-houses.]―Omitted by the Hindu Succession (Amendment) _Act, 2005 (39 of 2005), s. 4 (w.e.f. 9-9-2005)._ 24. [Certain windows re-marrying may not inherit as windows.]―Omitted by s. 5, ibid. (w.e.f. 9-9 2005). **25. Murderer disqualified.―A person who commits murder or abets the commission of murder** shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder. **26. Convert’s descendants disqualified.―Where, before or after the commencement of this Act, a** Hindu has ceased or ceases to be a Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of any of their Hindu relatives, unless such children or descendants are Hindus at the time when the succession opens. **27. Succession when heir disqualified.―If any person is disqualified from inheriting any property** under this Act, it shall devolve as if such person had died before the intestate. **28. Disease, defect, etc., not to disqualify.―No person shall be disqualified from succeeding to any** property on the ground of any disease, defect or deformity, or save as provided in this Act, on any other ground whatsoever. _Escheat_ **29. Failure of heirs.―If an intestate has left no heir qualified to succeed to his or her property in** accordance with the provisions of this Act, such property shall devolve on the Government; and the Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject. **STATE AMENDMENTS** **Tamil Nadu** In the Hindu Succession Act, 1956 (hereinafter referred to as the principal act), after chapter II, the following chapter shall be inserted, namely:- 11 ----- **"CHAPTER II-A,** Succession by survivorship. **29-A. Equal rights to daughter in coparcenary property.—Notwithstanding anything** contained in section 6 of this Act,- (i) in a Joint Hindu Family governed by Mitakshara Law, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as a son and have the same rights in the coparcenary property as she would have had if she had been a son, inclusive of the right to claim by survivorship; and shall be subject to the same liabilities and disabilities in respect thereto as the son; (ii) at a partition in such a Joint Hindu Family the coparcenary property shall be so divided as to allot to a daughter the same share as is allotable to a son: Provided that the share which a pre-deceased son or a pre-deceased daughter would have got at the partition if he or she had been alive at the time of the partition shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter: Provided further that the share allotable to the pre-deceased child of a predeceased son or of a pre-deceased daughter, if such child had been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the predeceased son or of the pre-deceased daughter, as the case may be; (iii) any property to which a female Hindu becomes entitled by virtue of the provisions of clause (i) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition; (iv) nothing in this Chapter shall apply to a daughter married before the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989; (v) nothing in clause (ii) shall apply to a partition which had been effected before the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989. **29-B. Interest to devolve by survivorship on death.—When a female Hindu dies after the date** of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989, having, at the time of her death, an interest in a Mitakshara coparcenary property by virtue of the provisions of section 29-A, her interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act: Provided that if the deceased had left any child or child of a pre-deceased child, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship. Explanation I.--For the purposes of this section, the interest of a female Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to her if a partition of the property had taken place immediately before her death, irrespective of whether she was entitled to claim partition or not. Explanation II.--Nothing contained in the proviso to this section shall be construed as enabling a person who, before the death of the deceased, had separated himself or herself from the coparcenary or any of his or her heirs to claim on intestacy a share in the interest referred to therein. 12 ----- **29-C. Preferential right to acquire property in certain cases.--(1) Where, after the date of the** commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989, an interest in any immovable property of an intestate or in any business carried on by him or her, whether solely or in conjunction with others, devolves under section 29-A or section 29-B upon two or more heirs, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred. (2) The consideration for which any interest in the property of the deceased may be transferred under this section shall, in the absence of any agreement between the parties, be determined by the court on application being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of, or incidental to, the application. (3) If there are two or more heirs proposing to acquire any interest under this section, that heir who offers the highest consideration for the transfer shall be preferred. Explanation.--In this section "court" means the court within the limits of whose jurisdiction the immovable property is situate or the business is carried on and includes any other court which the State Government may, by notification in the Tamil Nadu Government Gazette, specify in this behalf.".] [Vide Tamil Nadu Act 1 of 1990, s. 2] CHAPTER III TESTAMENTARY SUCCESSION **30. Testamentary succession.―[1]*** Any Hindu may dispose of by will or other testamentary** disposition any property, which is capable of being so [2][disposed of by him or by her], in accordance with the provisions of the Indian Succession Act, 1925 (39 of 1925), or any other law for the time being in force and applicable to Hindus. _Explanation.―The interest of a male Hindu in a Mitakshara coparcenary property or the interest of a_ member of a _tarwad, tavazhi, illom, kutumba or_ _kavaru in the property of the_ _tarwad, tavazhi, illom,_ _kutumba or kavaru shall, notwithstanding anything contained in this Act or in any other law for the time_ being in force, be deemed to be property capable of being disposed of by him or by her within the meaning of this [3][section.] 4* - - - CHAPTER IV REPEALS 31. [Repeals.]―Rep. by the Repealing and Amending Act, 1960 (58 _of 1960),_ _s.2_ _and the First_ _Schedule (w.e.f. 26-12-1960)._ 1. The brackets and figure “(1)” omitted by Act 58 of 1960, s. 3 and the Second Schedule (w.e.f. 26-12-1960). 2. Subs. by Act 39 of 2005, s. 6, for “disposed of by him” (w.e.f. 9-9-2005). 1. Subs. by Act 56 of 1974, s. 3 and the Second Schedule for “sub-section” (w.e.f. 20-12-1974). 2. Omitted by Act 78 of 1956, s. 29 (w.e.f. 21-12-1956). 13 ----- 14 ----- THE SCHEDULE (See section 8) HEIRS IN CLASS I AND CLASS II _Class I_ Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son [1][son of a predeceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son]. _Class II_ I. Father. II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister. III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter. IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter. V. Father’s father; father’s mother. VI. Father’s widow; brother’s widow. VII. Father’s brother; father’s sister. VIII. Mother’s father; mother’s mother. IX. Mother’s brother; mother’s sister. _Explanation.―In this Schedule, references to a brother or sister do not include references to a brother_ or sister by uterine blood. 1. Added by Act 39 of 2005, s. 7 (w.e.f. 9-9-2005). 15 -----

18-Jun-1956

31

The Life Insurance Corporation Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1632/1/A1956-31.pdf

central

# THE LIFE INSURANCE CORPORATION ACT, 1956 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT OF LIFE INSURANCE CORORATION OF INDIA 3. Establishment and incorporation of Life Insurance Corporation of India. 4. Board of Directors. 4A. Disqualification to be director. 4B. Disclosure of interest by director and senior management. 4C. Related party transactions. 4D. Adjudication of penalties. 5. Capital of Corporation. 5A. Transferability of shares. 5B. Register of members, etc. 5C. Declaration in respect of beneficial interest in shares. 5D. Shares to be securities. 5E. Right of registered members to nominates. CHAPTER III FUNCTIONS OF THE CORPORATION 6. Functions of the Corporation. 6A. Power to impose conditions, etc. CHAPTER IV TRANSFER OF EXISTING LIFE INSURANCE BUSINESS TO THE CORPORATION 7. Transfer of assets and liabilities of existing insurers carrying on controlled business. 8. Provident, superannuation and other like funds. 9. General effect of vesting of controlled business. 10. Provisions as to composite insurers. 11. Transfer of service of existing employees of insurers to the Corporation. 12. Transfer of services of existing employees of chief agents of insurers to the Corporation in certain cases. 13. Duty to deliver possession of property and documents relating thereto. 14. Power of Corporation to modify contracts of life insurance in certain cases. 15. Right of Corporation to seek relief in respect of certain transactions of the insurer. 16. Compensation for acquisition of controlled business. 1 ----- SECTIONS 17. Constitution of Tribunals. 18. Offices, branches and agencies. 19. Executive Committee. CHAPTER V MANAGEMENT 19A. Investment Committee. 19B. Nomination and Remuneration Committee. 19C. Audit Committee. 19D. Other Committees. 20. Chief Executive and Managing Directors. 21. Corporation to be guided by the directions of Central Government. 22. Zonal Managers. 23. Staff of the Corporation. 23A. Annual general meeting and other general meetings. CHAPTER VI FINANCE, ACCOUNTS AND AUDIT 24. Funds of the Corporation. 24A. Books of account, etc. 24B. Financial statements. 24C. Board’s report. 24D. Penalties. 25. Appointment of auditors. 25A. Removal and resignation of auditor. 25B. Powers and duties of auditors and auditor’s report. 25C. Internal auditor. 25D. Special auditor. 26. Actuarial valuations. 27. Annual report of activities of Corporation. 28. Surplus from life insurance business, how to be utilised. 28A. Profits from any business (other than life insurance business) how to be utilised. 28B. Declaration of dividend. 28C. Unpaid Dividend Account. 29. Reports to be laid before Parliament. CHAPTER VII MISCELLANEOUS 30. Corporation to have the exclusive privilege of carrying on life insurance business. 30A. Exclusive privilege of Corporation to cease. 31. Exception in the case of insurance business in respect of persons residing outside India. 2 ----- SPECIAL 32. Power of Corporation to have official seal in certain cases. 33. Requirement of foreign laws to be complied with in certain cases. 34. Revesting of certain shares vested in the Administrator General. 35. Repatriation of assets and liabilities in the case of foreign insurers in certain cases. 36. Contracts of chief agents and special agents to terminate. 37. Policies to be guaranteed by Central Government. 38. Liquidation of Corporation. 39. Special provisions for winding up of certain insurers. 40. Penalty for withholding property, etc. 41. Tribunal to have exclusive jurisdiction in certain matters. 42. Enforcement of decisions of Tribunals. 43. Application of the Insurance Act. 43A. [Omitted.] 44. Act not to apply in certain cases. 45. Special provisions regarding transfer of controlled business of certain composite insurer. 46. Defects in constitution of Corporation or Committees or in appointment or nomination of directors not to invalidate acts or proceedings. 47. Protection of action taken under this Act. 48. Power to make rules. 49. Power to make regulations. 50. Form, manner, etc. for companies to apply with modifications. 51. Power to remove difficulties. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. 3 ----- # THE LIFE INSURANCE CORPORATION ACT, 1956 ACT NO. 31 OF 1956 [18th June, 1956.] # An Act to provide for the nationalisation of life insurance business in India by transferring all such business to a Corporation established for the purpose and to provide for the regulation and control of the business of the Corporation and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Life Insurance Corporation** Act, 1956. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (1) “appointed day” means the date on which the Corporation is established under section 3; 2[(1a) “Audit Committee” means the Committee constituted under section 19C; (1b) “Board of Directors” or “Board” means the collective body of the directors appointed or nominated or deemed as such under section 4; (1c) “Chairperson” means the Chairperson referred to in clause (a) of sub-section (2) of section 4; # (1d) “Chief Executive” means,— (i) during the initial period, the Chairperson referred to in sub-clause (i) of clause (a) of sub-section (2) of section 4; # (ii) after the initial period, the Chief Executive Officer and Managing Director; (1e) “Chief Executive Officer and Managing Director” means the Chief Executive Officer and Managing Director referred to in clause (b) of sub-section (2) of section 4; (1f) “Companies Act” means the Companies Act, 2013 (18 of 2013); (1g) “court” means “Court” as defined in clause (29) of section 2 of the Companies Act, 2013 (18 of 2013;] (2) “composite insurer” means an insurer carrying on in addition to controlled business any other kind of insurance business; (3) “controlled business” means— (i) in the case of any insurer specified in sub-clause (a) (ii) or sub-clause (b) of clause (9) of section 2 of the Insurance Act and carrying on life insurance business— (a) all his business, if he carries on no other class of insurance business; (b) all the business appertaining to his life insurance business, if he carries on any other class of insurance business also; 1. 1st July, 1956, vide notification No. S. R. O. 1456, dated 26th June, 1956, see Gazette of India, Extraordinary, Part II, sec. 3. 2. Ins. by Act 13 of 2021, s. 129 (w.e.f. 30-6-2021). 4 ----- (c) all his business, if his certificate of registration under the Insurance Act in respect of general insurance business stands wholly cancelled for a period of more than six months on the 19th day of January, 1956; (ii) in the case of any other insurer specified in clause (9) of section 2 of the Insurance Act and carrying on life insurance business— (a) all his business in India, if he carries on no other class of insurance business in India; (b) all the business appertaining to his life insurance business in India, if he carries on any other class of insurance business also in India; (c) all his business in India if he certificate of registration under the Insurance Act in respect of general insurance business in India stands wholly cancelled for a period of more than six months on the 19th day of January, 1956. _Explanation.—An insurer is said to carry on no class of insurance business other than life_ insurance business, if in addition to life insurance business, he carries on only capital redemption business or annuity certain business or both; and the expression “business appertaining to his life insurance business” in sub-clauses (i) and (ii) shall be construed accordingly; (iii) in the case of a provident society, as defined in section 65 of the Insurance Act, all its business; (iv) in the case of the Central Government or a State Government, all life insurance business carried on by it, subject to the exceptions specified in section 44; (4) “Corporation” means the Life Insurance Corporation of India established under section 3; 1[(4a) “director” means a director appointed or nominated or deemed as such under section 4; (4b) “financial statement”, in relation to the Corporation, includes— (i) a balance-sheet as at the end of the financial year; (ii) a profit and loss account for the financial year; (iii) cash flow statement for the financial year; (iv) a statement of changes in equity, if applicable; and (v) any explanatory note annexed to, or forming part of, any document referred to in sub-clause (i) to sub-clause (iv); (4c) “fully diluted basis” shall mean, in relation to the percentage holding of the Central Government on such basis, the total number of shares held by the Central Government expressed as a percentage of the total number of shares of the Corporation that would be outstanding if all possible sources of conversion are exercised; (4d) “independent director” means an independent director referred to in clause (g) of sub-section (2) of section 4; (4e) “initial period” means the period of three years reckoned from the date on which the provisions of section 130 of the Finance Act, 2021 shall come into force;] (5) “Insurance Act” means the Insurance Act, 1938 (4 of 1938); (6) “insurer” means an insurer as defined in the Insurance Act who carries on life insurance business in India and includes the Government and a provident society as defined in section 65 of the Insurance Act; 1[(6a) “Managing Director” means a Managing Director referred to in clause (c) of sub-section (2) of section 4;] 1. Ins. by Act 13 of 2021, s. 129 (w.e.f. 30-6-2021). 5 ----- 1[(7) “member” means every person holding shares of the Corporation and whose name is entered in the register of members maintained under clause (a) of sub-section (1) of section 5B; (7a) “Nomination and Remuneration Committee” means the Committee constituted under section 19B; (7b) “notification” means a notification published in the Official Gazette, and the expression “notify” shall be construed accordingly;] (8) “prescribed” means prescribed by rules made under this Act; 2[(8a) “special resolution” means a resolution for which the intention to propose the same as a special resolution has been duly specified in the notice given to members for calling a general meeting, and the votes cast in favour of the resolution by members are not less than three times the number of votes, if any, cast against the resolution;] (9) “Tribunal” means a Tribunal constituted under section 17 and having jurisdiction in respect of any matter under the rules made under this Act; 3[(10) unless there is anything repugnant in the subject or context, all the words and expressions used herein but not defined and defined in the Insurance Act, 1938 (4 of 1938) or in the Companies Act, 2013 (18 of 2013) shall have the meanings respectively assigned to them in the said Acts.] CHAPTER II ESTABLISHMENT OF LIFE INSURANCE CORPORATION OF INDIA **3. Establishment and incorporation of Life Insurance Corporation of India.—(1) With effect** from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established a Corporation called the Life Insurance Corporation of India. (2) The Corporation shall be a body corporate having perpetual succession and a common seal with power subject to the provisions of this Act, to acquire, hold and dispose of property, and may by its name sue and be sued. 4[4. Board of Directors.—(1) The general superintendence and direction of the affairs and business of the Corporation shall vest in its Board of Directors, which may exercise all such powers and do all such acts and things as may be exercised or done by the Corporation and are not by this Act expressly directed or required to be done by the Corporation in general meeting. (2) The Board of Directors of the Corporation shall consist of the following directors, not exceeding eighteen, of whom at least one shall be a woman, namely:— (a) a Chairperson of the Board, to be appointed by the Central Government, who shall,— (i) during the initial period, be a whole-time director of the Corporation; and (ii) after the initial period, be from amongst the non-executive directors nominated or to be nominated by the Central Government; (b) after the initial period, a Chief Executive Officer and Managing Director, who shall be a whole-time director of the Corporation to be appointed by the Central Government: Provided that where no Chief Executive Officer and Managing Director is appointed before expiry of the initial period, the individual holding office as Chairperson shall be deemed to have been appointed as the Chief Executive Officer and Managing Director on and from the date of such expiry; (c) Managing Directors, not exceeding four, to be appointed by the Central Government, who shall be whole-time directors of the Corporation; 1. Subs. by Act 13 of 2021, s. 129, for clause (7) (w.e.f.30-6-2021). 2. Ins. by s. 129, ibid., (w.e.f. 30-6-2021). 3. Subs. by s. 129, ibid., for clause (10) (w.e.f. 30-6-2021). 4. Subs. by s. 130, ibid., for section 4 (w.e.f. 30-6-2021). 6 ----- (d) an officer of the Central Government not below the rank of a Joint Secretary to the Government of India, to be nominated by the Central Government; (e) an individual to be nominated by the Central Government, who has special knowledge or practical experience in actuarial science, business management, economics, finance, human resources, information technology, insurance, law, risk management, or any other field the special knowledge or practical experience of which would be useful to the Corporation in the opinion of the Central Government or who represent the interests of policyholders; (f) where the total holding of members other than the Central Government in the paid-up equity capital of the Corporation is— (a) not more than ten per cent., one individual; (b) more than ten per cent., two individuals, who shall be elected by and from amongst such members and in such manner as may be specified by regulations, to be appointed by the Board; and (g) such number of independent directors, not exceeding nine, to be recommended by the Nomination and Remuneration Committee and appointed by the Board. (3) An independent director of the Corporation shall, in relation to the Corporation, meet the same criteria of independence as an independent director of a company is required to meet in relation to the company under sub-section (6) of section 149 of the Companies Act: Provided that such a director shall also meet, in addition to the aforesaid criteria, any criteria that the Nomination and Renumeration Committee may formulate regarding qualifications, positive attributes and independence: Provided further that every such director shall at the first meeting of the Board in which he participates as a director and thereafter at the first meeting of the Board in every financial year or whenever there is any change in the circumstances which may affect his status as an independent director, give a declaration that he meets the criteria of independence under this sub-section and that he is not aware of any circumstance or situation, which exist or may reasonably be anticipated, that could impair or impact his ability to discharge his duties with an objective independent judgment and without any external influence. (4) An individual appointed by the Board as a director under clause (f) or clause (g) of sub-section (2) shall hold office up to the date of the next annual general meeting or the last date on which the annual general meeting should have been held, whichever is earlier, and shall hold office beyond such date only if his appointment is approved at the annual general meeting. (5) Before an individual is appointed or nominated as a director under sub-section (2), the Central Government or the Nomination and Remuneration Committee, as the case may be, shall satisfy itself that such an individual as a director shall have no financial or other interest as is likely to affect prejudicially the exercise or performance by him of the functions of a director: Provided that the Board shall satisfy itself from time to time with respect to every director other than a director nominated under clause (d) of sub-section (2) that he has no such interest: Provided further that, for the purposes of this sub-section, any individual who is, or whose appointment or nomination or election is proposed and who has consented to be a director, shall furnish such information as the Central Government or the Nomination and Remuneration Committee or the Board, as the case may be, may require. (6) Notwithstanding anything contained in sub-section (2), on and from the appointed date, an individual appointed under section 4 who is eligible to be or remain a director under section 4A and who, immediately before such appointed date, held the office of a member of the Corporation— (i) in the capacity as the Chairman of the Corporation, shall be deemed to be a director and the Chairperson under sub-clause (i) of clause (a) of sub-section (2); 7 ----- (ii) in the capacity as a Managing Director of the Corporation, shall be deemed to be a director and a Managing Director under clause (c) of sub-section (2); (iii) and is an officer of the Central Government not below the rank of a Joint Secretary to the Government of India in the Department of Financial Services, shall be deemed to be a director nominated under clause (d) of sub-section (2); (iv) and has been in office for a duration which is the longest amongst members other than members referred to in clauses (i), (ii) and (iii), shall be deemed to be a director nominated under clause (e) of sub-section (2): Provided that every such individual shall hold office until expiry of the term, if any, specified at the time of his appointment as a member of the Corporation, or until a director appointed or nominated, as the case may be, under sub-section (2) in place of such an individual assumes office: Provided further that any act or proceeding of the collective body of members constituting the Corporation under section 4 before the appointed date, shall be deemed to be an act or proceeding, as the case may be, of the Board. _Explanation.—For the purposes of this sub-section, —_ (a) notwithstanding anything contained in clause (7) of section 2, the expression “member” shall mean a member appointed to the Corporation constituted under section 4 [as it stood before the coming into force of section 130 of the Finance Act, 2021]; (b) “appointed date” means the date on which the provisions of section 130 of the Finance Act, 2021 shall come into force. **4A. Disqualification to be director.—An individual shall not be eligible to be or remain a director** if, — (a) he is of unsound mind and stands so declared by a competent court; (b) he is an undischarged insolvent; (c) he has applied to be adjudicated as an insolvent and his application is pending; (d) he has been convicted by a court of any offence, whether involving moral turpitude or otherwise, and sentenced in respect thereof to imprisonment for not less than six months and a period of five years has not elapsed from the date of expiry of the sentence: Provided that if an individual has been convicted of any offence and sentenced in respect thereof to imprisonment for a period of seven years or more, he shall not be eligible to be a director; (e) an order disqualifying him to be a director has been passed by a court or the National Company Law Tribunal constituted under section 408 of the Companies Act, and the order is in force; (f) he has not paid any calls in respect of any shares of the Corporation held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of such call; (g) he attracts any disqualification for being a director of a company under the provisions of sub section (2) of section 164 of the Companies Act, subject to such exceptions thereto as the Central Government may, by notification, specify; (h) he is a salaried government official, other than an individual nominated director under clause (d) of sub-section (2) of section 4; (i) he is an insurance agent or an intermediary or an insurance intermediary; (j) he is an employee of the Corporation, other than the Chief Executive or a Managing Director, or of its subsidiary or associate company; (k) he is a director of a subsidiary or an associate company of the Corporation and is other than the Chief Executive or a Managing Director; 8 ----- (l) he is an employee or a director or a promoter of any insurer carrying on life insurance business anywhere in the world, other than the Corporation or its subsidiary or associate company, or of any holding company, subsidiary or associate company of such an insurer; (m) he absents himself from all the meetings of the Board held during a period of twelve months, with or without seeking leave of absence of the Board: Provided that the disqualifications referred to in clauses (d) and (e) shall continue to apply even if an appeal or petition has been filed against the order of conviction or disqualification. **4B. Disclosure of interest by director and senior management.—(1) Every director shall at the** first meeting of the Board in which he participates as a director and thereafter at the first meeting of the Board in every financial year, or whenever there is any change in the disclosures already made, then at the first Board meeting held after such change, disclose his concern or interest in any body corporate, which shall include shareholding, in such manner as may be prescribed. (2) Every director who is in any way, whether directly or indirectly, concerned or interested in a contract or arrangement or proposed contract or arrangement entered into or to be entered into by the Corporation— (a) with a body corporate in which such director or such director in association with any other director, holds more than two per cent. shareholding of that body corporate, or is a promoter, manager, chief executive officer or trustee of that body corporate, or (b) with a firm or other entity in which such director is a partner, owner or member, as the case may be, shall not participate in any meeting of the Board or of its Committee in which such contract or arrangement is deliberated upon, or in any other deliberations or discussions regarding such contract or arrangement, and shall, in the case of such deliberations in a meeting of the Board or its Committee, disclose the nature of his concern or interest to the Board or the Committee, as the case may be: Provided that where any director who is not so concerned or interested at the time of entering into such contract or arrangement, he shall, if he becomes concerned or interested after the contract or arrangement is entered into, disclose his concern or interest forthwith when he becomes concerned or interested, or at the first meeting of the Board held after he becomes so concerned or interested. (3) A contract or arrangement entered into by the Corporation without disclosure under sub-section (2) or with participation by a director who is concerned or interested in any way, whether directly or indirectly, in such contract or arrangement, shall be voidable at the option of the Corporation. (4) Such employees as the Board may specify as constituting the senior management of the Corporation shall make disclosures to the Board relating to all material, financial and commercial transactions, in which they have personal interest that may have a potential conflict with the interest of the Corporation, and the Board shall formulate a policy on such transactions, including any materiality threshold therefor, and shall review such policy at least once every three years. _Explanation.—For the purposes of this sub-section, conflict of interest relates to dealing in the shares_ of the Corporation or any of its subsidiaries or associate companies, commercial dealings with bodies in which the senior management individual or his relatives have shareholding, etc. (5) If an individual who is a director contravenes the provisions of sub-section (1) or sub-section (2), or an employee referred to in sub-section (4), contravenes such provisions, such an individual or employee shall be liable to pay penalty of a sum of up to one lakh rupees. (6) Without prejudice to anything contained in sub-section (5), it shall be open to the Corporation to proceed against a director or any other employee who had entered into such contract or arrangement in contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement. _Explanation.—For the purposes of sections 4B and 4C, the expression “body corporate” shall include_ a company, a body corporate as defined under clause (11) of section 2 of the Companies Act, a firm, a financial institution or a scheduled bank or a public sector enterprise established or constituted by or 9 ----- under any Central Act or State Act, and any other incorporated association of persons or body of individuals. **4C. Related party transactions.—(1) Except with the consent of the Board and subject to such** conditions as may be prescribed, the Corporation shall not enter into any contract or arrangement with a related party with respect to— (a) sale, purchase or supply of any goods or materials; (b) selling or otherwise disposing of, or buying, property of any kind; (c) leasing of property of any kind; (d) availing or rendering of any services; (e) appointment of any agent for purchase or sale of goods, materials, services or property; (f) such related party’s appointment to any office or place of profit in the Corporation, its subsidiary or associate company; (g) underwriting the subscription of any securities, or derivatives thereof, of the Corporation: Provided that no contract or arrangement involving transactions exceeding such sums as the Board may specify, shall be entered into except with the prior approval in the general meeting: Provided further that no member shall vote in such general meeting to approve any contract or arrangement which may be entered into by the Corporation, if such member is a related party: Provided also that nothing in this sub-section shall apply to any transactions entered into by the Corporation in its ordinary course of business, other than transactions which are not on an arm’s length basis: Provided also that the requirement of approval under the first proviso shall not be applicable for transactions entered into between the Corporation and— (a) its wholly owned subsidiary, if any, whose financial statements are consolidated with the Corporation and placed before the members at the general meeting for adoption; (b) a Government company, or the Central Government, or any State Government, or any combination thereof, in respect of contract or arrangement entered into between them. _Explanation.—In this sub-section,—_ (a) the expression “office or place of profit” means any office or place— (i) where such office or place is held by a director, if the director holding it receives from the Corporation anything by way of remuneration over and above the remuneration to which he is entitled as director, by way of salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (ii) where such office or place is held by an individual other than a director or by any firm, private company or other body corporate, if the individual, firm, private company or body corporate holding it receives from the Corporation anything by way of remuneration, salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (b) the expression “arm’s length transaction” means a transaction between two related parties that is conducted as if they were unrelated, so that there is no conflict of interest. (2) The Board shall formulate a policy on materiality of related party transactions and on dealing with related party transactions, including clear threshold limits, and shall review and update such policy at least once in every three years. _Explanation.—For the removal of doubts, it is hereby clarified that a transaction with a related party_ shall be considered material if the amount of the transaction to be entered into, individually or taken together with previous transactions during a financial year, exceeds such percentage of the annual 10 ----- consolidated turnover of the Corporation as per its last audited financial statements as may be specified in any regulation made by the Securities and Exchange Board in this behalf. (3) Every contract or arrangement entered into under sub-section (1) shall be referred to in a report made by the Board to the members, along with the justification for entering into such contract or arrangement. (4) Where any contract or arrangement is entered into by a director or any other employee, without obtaining the consent of the Board or approval by a resolution in the general meeting under sub-section (1) and if it is not ratified by the Board or, as the case may be, by the members at a meeting within three months from the date on which such contract or arrangement was entered into, such contract or arrangement shall be voidable at the option of the Board or, as the case may be, of the members and if the contract or arrangement is with a related party to any director, or is authorised by any other director, the directors concerned shall indemnify the Corporation against any loss incurred by it. (5) Without prejudice to anything contained in sub-section (4), it shall be open to the Corporation to proceed against a director or any other employee who had entered into such contract or arrangement in contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement. (6) Any director or any other employee of the Corporation who had entered into or authorised a contract or arrangement in violation of the provisions of this section, shall be liable to pay penalty of a sum of up to twenty-five lakh rupees. **4D. Adjudication of penalties.—(1) The Central Government may, by an order published in the** Official Gazette, appoint an officer of the Central Government, not below the rank of Joint Secretary to the Government of India or equivalent, as adjudicating officer for adjudging penalties under the provisions of this Act. (2) The adjudicating officer may, on a complaint made in writing by a person authorised by the Corporation, and after giving a reasonable opportunity of being heard, by an order impose penalty on a director or employee liable to penalty under any provision of this Act on account of any contravention or violation on his part. (3) The adjudicating officer, for the purposes of discharging his functions under this Act, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, to summon and enforce the attendance of any person and examine him on oath and to require the discovery and production of documents or other electronic records, and shall be deemed to be a civil court for purposes of Order XXI of the Civil Procedure Code, 1908. (4) A director or employee aggrieved by any order made by the adjudicating officer may prefer an appeal to such officer to the Central Government of a rank higher than that of the adjudicating officer as the Central Government may appoint as appellate authority, within thirty days from the date on which a copy of the order made by the adjudicating officer is received by the aggrieved individual, and the officer so appointed may, after giving the individual an opportunity of being heard, pass such order as he may deem fit, confirming, modifying or setting aside the order appealed against, or remanding the case to the adjudicating officer for disposal, with such directions as he may deem fit. (5) Where a director or employee of the Corporation having already been subjected to penalty under this Act for any contravention or violation of any provision of this Act, again commits such contravention or violation within a period of three years from the date of order imposing such penalty passed by the adjudicating officer, he shall be liable for the second or subsequent contravention or violation for twice the amount of penalty provided therefor.] 1[5. Capital of Corporation.—(1) The authorised share capital of the Corporation shall be twenty five thousand crore rupees, divided into two thousand and five hundred crore shares of ten rupees each: 1. Subs. by Act 13 of 2021, s. 131, for section 5 (w.e.f. 30-6-2021). 11 ----- Provided that the Central Government may, by notification, increase the authorised share capital or reduce the authorised share capital to such amount not less than the amount of the paid-up equity capital of the Corporation immediately before the coming into force of section 131 of the Finance Act, 2021, as it may deem fit: Provided further that the Corporation may, with the previous approval of the Central Government, consolidate or reduce the nominal or face value of the shares, divide the authorised share capital into equity share capital or a combination of equity and preference share capital, and divide the nominal or face value of shares into such denomination as the Corporation may decide. (2) The Corporation shall, with the previous approval of the Central Government, issue equity shares to the Central Government in consideration for the paid-up equity capital provided by the Central Government to the Corporation as it stood before the coming into force of section 131 of the Finance Act, 2021. (3) The share capital of the Corporation shall consist of equity shares and preference shares, which may be fully paid-up or partly paid-up: Provided that the Board may determine the terms of issue of partly paid-up shares and payment of calls for such partly paid-up shares. (4) The Corporation may from time to time increase its issued share capital, with the previous approval of the Central Government, whether by public issue or rights issue or preferential allotment or private placement or issue of bonus shares to existing members holding equity shares, or by issue of shares to employees pursuant to share based employee benefits schemes, or by issue of shares to life insurance policyholders of the Corporation, or otherwise: Provided that the Central Government shall, on a fully diluted basis hold, — (a) at all times, not less than fifty-one per cent. of the issued equity share capital of the Corporation; (b) during a period of five years from the date of first issue of shares to any person other than the Central Government, not less than seventy-five per cent. of the issued equity share capital of the Corporation: Provided further that no shares shall be issued other than by way of rights issue unless authorised by a special resolution, except in the circumstances where the provisions of the second and third provisos to sub-section (1) of section 23A apply: Provided also that issue of shares to life insurance policyholders of the Corporation shall not be by preferential allotment or private placement. (5) Where the Corporation issues shares at a premium, whether for cash or otherwise, a sum equal to the aggregate amount of the premium received on those shares shall be transferred to a share premium account, and the provisions of sub-sections (7) and (8) shall, except as provided in sub-section (6), apply as if the share premium account were the paid-up share capital of the Corporation. (6) The share premium account referred to in sub-section (5) may be applied by the Corporation— (a) towards the issue of unissued shares of the Corporation to members as fully paid-up bonus shares; (b) in writing off the expenses of, or the commission paid or discount allowed on, any issue of shares or debentures of the Corporation; (c) in providing for the premium payable on the redemption of any redeemable preference shares or of any debentures or of any securities of the Corporation; or (d) for the purchase of its own shares or other securities. 12 ----- (7) The Corporation may, by a special resolution, reduce its paid-up equity share capital in the following manners, namely:— (a) giving of previous notice by the Corporation of the intended reduction to every member, and to such class or classes of creditors as the Central Government may, by notification, specify; (b) constitution of a committee which shall consist of a chairperson who has been a judge of a High Court or the chairperson of a tribunal and such independent experts not exceeding two as the Board may appoint, to consider representations, if any, that may be made by members and creditors referred to in clause (a) in respect of the intended reduction and to submit its recommendations to the Board; and (c) after consideration of the committee’s recommendations, making of recommendations by the Board for reduction, either as given in the notice or with such modifications as the Board may consider necessary, to the Central Government for its approval. (8) Without prejudice to the generality of the power under sub-section (7), the Corporation may reduce its paid-up equity share capital by— (a) extinguishing or reducing the liability on any of its equity shares in respect of share capital not paid-up; or (b) cancelling, with or without extinguishing or reducing liability on any of its paid-up equity shares, any paid-up equity share capital which is either lost or is unrepresented by available assets; or (c) paying off, with or without extinguishing or reducing liability on any of its paid-up equity shares, any paid-up equity share capital which is in excess of the wants of the Corporation. (9) Notwithstanding anything contained in any other law for the time being in force- (a) regarding various categories of persons in favour of whom an issuer may make reservations on a competitive basis, in relation to a public issue, the Corporation may, at any time during the period of five years from the commencement of section 131 of the Finance Act, 2021, make a reservation on a competitive basis, to an extent of up to ten per cent. out of the issue size, in favour of its life insurance policyholders as one of the reserved categories for such public issue: Provided that the value of the allotment of equity shares to such a policyholder shall not exceed two lakh rupees, or such higher amount as the Central Government may by notification specify: Provided further that, in the event of under-subscription in the policyholder reservation portion, the unsubscribed portion may be allotted on a proportionate basis, in excess of the value referred to in the first proviso, subject to the total allotment to a policyholder not exceeding five lakh rupees or such higher amount as the Central Government may by notification specify: Provided also that the policyholders in favour of whom reservation is made under this sub-section may be offered shares at a price not lower than by more than ten per cent. of the price at which net offer to public is made to other categories of applicants; (b) regarding ineligibility for computation of minimum promoter’s contribution, in relation to a public issue by way of an initial public offer, all equity shares of the Corporation held by the Central Government, including all shares acquired during the period of three years preceding the opening of such public offer, resulting from a bonus issue or otherwise, shall be eligible for such computation; (c) requiring the holding of paid-up equity shares by the sellers for a minimum holding period as a condition for offering such shares for sale to the public, in relation to a public issue by way of an initial public offer, all fully paid-up equity shares of the Corporation held by the Central Government shall be eligible for such an offer for sale: Provided that and subject to any regulation made by the Securities and Exchange Board, no shares issued by the Corporation against revaluation of assets or by utilisation of revaluation reserves or from unrealised profits shall be eligible for computation of minimum promoter’s contribution and for offer for sale in relation to a public issue by way of initial public offer. 13 ----- _Explanation. —Words and expressions used in this sub-section but not defined either in this Act_ or in the Insurance Act or in the Companies Act shall have the meanings respectively assigned to them in regulations made by the Securities and Exchange Board regarding issue of capital and disclosure requirements, to the extent not repugnant with the provisions of this Act. (10) The Corporation may issue other securities, including bonds, debentures, notes, commercial paper and other debt instruments, for the purpose of raising funds to meet its business requirements. **5A. Transferability of shares.—(1) Save as otherwise provided in sub-sections (2) and (3), the** shares of the Corporation shall be freely transferable: Provided that any arrangement between two or more persons in respect of transfer of shares shall be enforceable as a contract. (2) Nothing contained in sub-section (1) shall entitle the Central Government to transfer any shares held by it in the Corporation, if as a result of such transfer, the shares held by it, on a fully diluted basis, shall reduce to less than fifty-one per cent. of the issued equity share capital of the Corporation. (3) No person, other than the Central Government, acting individually or with persons acting in concert with such person, or constituents of a group, shall hold equity share in excess of five per cent. of issued equity share capital of the Corporation, or such higher percentage as the Central Government may by notification specify. _Explanation.—For the purposes of this section,—_ (a) the expression “group” shall have the meaning assigned to it in the Competition Act, 2002 (12 of 2003); (b) the expression “persons acting in concert” shall have the meaning assigned to it in regulations made by the Securities and Exchange Board regarding substantial acquisition of shares and takeovers. **5B. Register of members, etc.—(1) The Corporation shall keep and maintain the following registers,** in such form and in such manner as may be specified by regulations, namely: — (a) register of members, indicating separately each class of equity and preference shares held by each member residing in or outside India; (b) register of debenture-holders; and (c) register of any other security holders. (2) Every register maintained under sub-section (1) shall include an index of the names included therein. (3) The register and index of beneficial owners maintained by a depository under section 11 of the Depositories Act, 1996 (22 of 1996) shall be deemed to be the corresponding register and index for the purposes of this Act. (4) No notice of any trust, whether express or implied or constructive, shall be entered on the register of members or be receivable by the Corporation: Provided that nothing in this section shall apply to a depository in respect of shares held by it as a registered owner on behalf of the beneficial owners. _Explanation.—For the purposes of this section and section 5C, the expressions “beneficial owner”,_ “depository” and “registered owner” shall have the meanings respectively assigned to them in clauses (a), (e) and (j) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996). **5C. Declaration in respect of beneficial interest in shares.—(1) Where the name of a person is** entered on the register of members of the Corporation as the holder of shares in the Corporation but he does not hold beneficial interest in such shares, such person shall make, within such time and in such form as may be prescribed for a company under section 89 of the Companies Act, a declaration to the Corporation specifying the name and other particulars of the person who holds beneficial interest in such shares. 14 ----- (2) Every person who holds or acquires a beneficial interest in shares of the Corporation shall make, within such time and in such form as may be prescribed for a company under section 89 of the Companies Act, a declaration to the Corporation specifying the nature of his interest, particulars of the person in whose name the share stands registered in the books of the Corporation and such other particulars as may be prescribed under the said section. (3) Where any change occurs in the beneficial interest in shares of the Corporation, the person referred to in sub-section (1) and the beneficial owner specified in sub-section (2) shall, within a period of thirty days from the date of such change, make a declaration to the Corporation in such form and containing such particulars as may be prescribed for a company under section 89 of the Companies Act. (4) No right in relation to any share in respect of which a declaration is required to be made under this section but has not been made by the beneficial owner, shall be enforceable by him or by any person claiming through him. (5) For the purposes of this section, beneficial interest in a share includes, directly or indirectly, through any contract, arrangement or otherwise, the right or entitlement of a person alone or together with any other person to— (a) exercise or cause to be exercised any or all of the rights attached to such share; or (b) receive or participate in any dividend or other distribution in respect of such share. (6) Every individual who, acting alone or together or through one or more persons, holds beneficial interests, of not less than twenty-five per cent. or such other percentage as may be prescribed for a company under section 90 of the Companies Act, in the shares of the Corporation or the right to exercise, or the actual exercising of significant influence or control as defined in clause (27) of section 2 of the Companies Act, over the Corporation (herein referred to as “significant beneficial owner”), shall make a declaration to the Corporation, specifying the nature of his interest and other particulars, in such manner and within such period of acquisition of the beneficial interest or rights and any change thereof, as may be prescribed for a company under section 90 of the Companies Act. (7) The Corporation shall maintain a register of the interest declared by individuals under sub-section (6) and changes therein, which shall include the name of individual, his date of birth, address, details of ownership in the Corporation and such other details as may be prescribed for a company under section 90 of the Companies Act. **5D. Shares to be securities.—Notwithstanding anything contained in the Securities Contracts** (Regulation) Act, 1956 (42 of 1956) or any other law for the time being in force, the shares of the Corporation shall be deemed to be securities as defined under the said Act. **5E. Right of registered members to nominate.—(1) Every individual registered member may, at** any time, nominate, in such manner as may be specified by regulations, an individual to whom all his rights in the shares shall vest in the event of death of such member. (2) Where the shares are registered in the name of more than one individual jointly, the joint holders may together nominate, in such manner as may be specified by regulations, an individual to whom all their rights in the shares shall vest in the event of the death of all such joint holders. (3) Notwithstanding anything contained in any other law for time being in force or in any disposition, whether testamentary or otherwise, where a nomination in respect of shares is made and which purports to confer on the nominee the right to vest the shares, the nominee shall, on the death of the member or, as the case may be, on the death of all the joint holders, become entitled to all the rights of the member or, as the case may be, of all the joint holders, in relation to such shares, and all other persons shall be excluded unless the nomination has been varied or cancelled before death in such manner as may be specified by regulations. (4) Where the nominee is a minor, it shall be lawful for the individual registered holder of the shares to make nomination to appoint, in such manner as may be specified by regulations, any person to become entitled to the shares in the event of his death during the minority of the nominee.] 15 ----- CHAPTER III FUNCTIONS OF THE CORPORATION **6. Functions of the Corporation.—(1) Subject to the rules, if any, made by the Central Government** in this behalf, it shall be the general duty of the Corporation to carry on life insurance business, whether in or outside India, and the Corporation shall so exercise its powers under this Act as to secure that life insurance business is developed to the best advantage of the community. (2) Without prejudice to the generality of the provisions contained in sub-section (1) but subject to the other provisions contained in this Act, the Corporation shall have power— (a) to carry on capital redemption business, annuity certain business or reinsurance business in so far as such reinsurance business appertains to life insurance business; (b) subject to the rules, if any, made by the Central Government in this behalf, to invest the funds of the Corporation in such manner as the Corporation may think fit and to take all such steps as may be necessary or expedient for the protection or realisation of any investment; including the taking over of and administering any property offered as security for the investment until a suitable opportunity arises for its disposal; (c) to acquire, hold and dispose of any property for the purpose of its business; (d) to transfer the whole or any part of the life insurance business carried on outside India to any other person or persons, if in the interest of the Corporation it is expedient so to do; (e) to advance or lend money upon the security of any movable property or otherwise; (f) to borrow or raise any money in such manner and upon such security as the Corporation may think fit; (g) to carry on either by itself or through any subsidiary any other business in any case where such other business was being carried on by a subsidiary of an insurer whose controlled business has been transferred to and vested in the Corporation under this Act; (h) to carry on any other business which may seen to the Corporation to be capable of being conveniently carried on in connection with its business and calculated directly or indirectly to render profitable the business of the Corporation; (i) to do all such things as may be incidental or conducive to the proper exercise of any of the powers of the Corporation. (3) In the discharge of any of its functions the Corporation shall act so far as may be on business principles. 1[6A. Power to impose conditions, etc.—(1) In entering into any arrangement, under section 6, with any concern, the Corporation may impose such conditions as it may think necessary or expedient for protecting the interest of the Corporation and for securing that the accommodation granted by it is put to the best use by the concern. (2) Where any arrangement entered into by the Corporation under section 6 with any concern provides for the appointment by the Corporation of one or more directors of such concern, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956), or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the concern, and any provision regarding share, qualification, age limit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the Corporation in pursuance of the arrangement as aforesaid. (3) Any director appointed as aforesaid shall— (a) hold office during the pleasure of the Corporation and may be removed or substituted by any person by order in writing by the Corporation; 1. Ins. by 52 of 1975, s. 41 (w.e.f. 16-2-1976). 16 ----- (b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto; (c) not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement.] CHAPTER IV TRANSFER OF EXISTING LIFE INSURANCE BUSINESS TO THE CORPORATION **7. Transfer of assets and liabilities of existing insurers carrying on controlled business.—(1) On** the appointed day there shall be transferred to and vested in the Corporation all the assets and liabilities appertaining to the controlled business of all insurers. (2) The assets appertaining to the controlled business of an insurer shall be deemed to include all rights and powers, and all property, whether movable or immovable, appertaining to his controlled business, including, in particular, cash balances, reserve funds, investments, deposits and all other interests and rights in or arising out of such property as may be in the possession of the insurer and all books of account or documents relating to the controlled business of the insurer; and liabilities shall be deemed to include all debts, liabilities and obligations of whatever kind then existing and appertaining to the controlled business of the insurer. _Explanation.—The expression “assets appertaining to the controlled business of an insurer”—_ (a) in relation to a composite insurer, includes that part of the paid-up capital of the insurer or assets representing such part which has or have been allocated to the controlled business of the insurer in accordance with the rules made in this behalf; (b) in relation to a Government, means the amount lying to the credit of that business on the appointed day. (3) Where any such assets are subject to any trust referred to in sub-section (6) of section 27 of the Insurance Act or to any other trust for the benefit of policy-holders, the assets shall be deemed to have vested in the Corporation free from any such trust. **8. Provident, superannuation and other like funds.—(1) Where an insurer whose controlled** business is to be transferred to and vested in the Corporation under section 7, has established a provident or superannuation fund or any other like fund for the benefit of his employees and constituted a trust in respect thereof (hereinafter in this section referred to as an existing trust), the moneys standing to the credit of any such fund on the appointed day, together with any other assets belonging to such fund, shall, subject to the provisions of sub-section (2), stand transferred to and vest in the Corporation on the appointed day free from any such trust. (2) Where all the employees of any such insurer do not become employees of the Corporation under section 11, the moneys and other assets belonging to any such fund as it referred to in sub-section (1), shall be apportioned between the trustees of the fund and the Corporation in the prescribed manner; and in case of any dispute regarding such apportionment, the decision of the Central Government thereon shall be final. (3) The Corporation shall, as soon as may be after the appointed day, constitute in respect of the moneys and other assets which are transferred to and vested in it under this section, one or more trusts having objects as similar to the objects of the existing trusts as in the circumstances may be practicable. (4) Where all the moneys and other assets belonging to an existing trust are transferred to and vested in the Corporation under this section, the trustees of such trust, shall as from the appointed day, be discharged from the trust, expect as respects things done or omitted to be done before the appointed day. **9. General effect of vesting of controlled business.—(1) Unless otherwise expressly provided by or** under this Act, all contracts, agreements and other instruments of whatever nature subsisting or having effect immediately before the appointed day and to which an insurer whose controlled business has been transferred to and vested in the Corporation is a party or which are in favour of such insurer shall in so far 17 ----- as they relate to the controlled business of the insurer be of as full force and affect against or in favour of the Corporation, as the case may be, and may be enforced or acted upon as fully and effectually as if, instead of the insurer, the Corporation had been a party thereto or as if they had been entered into or issued in favour of the Corporation. (2) If on the appointed day any suit, appeal or other legal proceeding of whatever nature is pending by or against an insurer, then, in so far as it relates to his controlled business, it shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the Corporation of the business of the insurer or anything done under this Act, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the Corporation. **10. Provisions as to composite insurers.—(1) For the removal of doubts it is hereby declared that in** any case where an insurer whose controlled business has been transferred to an vested in the corporation under this Act is a composite insurer, the provisions of the preceding sections shall only apply to the extent to which any property appertains to his controlled business and to rights and powers acquired, and to debts, liabilities and obligations incurred, and to contracts, agreements and other instruments made by the insurer for the purposes of his controlled business and to legal proceedings relating to those purposes, and the provisions of those sections shall be construed accordingly. (2) The Central Government may, by rules made in this behalf provide— (a) for the determination of the question whether any property appertains to his controlled business or whether any rights, powers, debts, liabilities or obligations were acquired or incurred or any contract, agreement or other instrument was made by the insurer for the purposes of his controlled business or whether any documents relate to those purposes; (b) for the allocation of the paid-up capital or assets representing such paid-up capital, as the case may be, between the controlled business of the insurer and any other business; (c) for substituting for any agreements entered into by any insurer partly for the purposes of his controlled business and partly for other purposes separate agreements in the requisite terms and for any apportionments and indemnities consequent thereon; (d) for the severance of leases comprising property of which part only is transferred to and vested in the Corporation by virtue of this Act and for apportionment consequent on such severance; (e) for the apportionment and the making of financial adjustments with respects to any debts, liabilities of obligations incurred by any such insurer partly for the purposes of his controlled business and partly for other purposes and for any necessary variation of mortgages and encumbrances relating to such debts, liabilities or obligations; (f) for the apportionment of the moneys and other assets belonging to any provident or superannuation fund or any other like fund to which the provisions of section 8 do not apply between persons employed in connection with the controlled business of an insurer and other persons; (g) for any other matters supplementary to or consequential on the matters aforesaid for which provision appears to be necessary or expedient. (3) All rules made under this section shall be laid for not less than thirty days before both Houses of Parliament as soon as possible after they are made, and shall be subject to such modifications as Parliament may make during the session in which they are so laid or the session immediately following. (4) Where at any time before the expiration of six months from the appointed day a question has arisen under this section or under any rules made thereunder as to whether any property is or was held or used by the insurer for the purposes of his controlled business, the question shall be referred to the Tribunal for decision. **11. Transfer of service of existing employees of insurers to the Corporation.—(1) Every** whole-time employee of an insurer whose controlled business has been transferred to and vested in the Corporation and who was employed by the insurer wholly or mainly in connection with his controlled business immediately before the appointed day shall, on and from the appointed day, become an employee of the Corporation, and shall hold his office therein by the same tenure, at the same 18 ----- remuneration and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity and other matters as he would have held the same on the appointed day if this Act had not been passed, and shall continue to do so unless and until his employment in the Corporation is terminated or until his remuneration, terms and conditions are duly altered by the Corporation: Provided that nothing contained in this sub-section shall apply to any such employee who has, by notice in writing given to the Central Government prior to the appointed day, intimated his intention of not becoming an employee of the Corporation. 1[(2) Where the Central Government is satisfied that for the purpose of securing uniformity in the scales of remuneration and the other terms and conditions of service applicable to employees of insurers whose controlled business has been transferred to, and [2][vested in the Corporation], it is necessary so to do, or that, in the interests of the Corporation and its policy-holders, a reduction in the remuneration payable, or a revision of the other terms and conditions of service applicable, to employees or any class of them is called for, the Central Government may, notwithstanding anything contained in sub-section (1), or in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, or in any award, settlement or agreement for the time being in force, alter (whether by way of reduction or otherwise) the remuneration and the other terms and conditions of service to such manner as it thinks fit; and if the alteration is not acceptable to any employee, the Corporation may terminate his employment by giving him compensation equivalent to three months remuneration unless the contract of service with such employee provides for a shorter notice of termination. _Explanation.—The compensation payable to an employee under this sub-section shall be in addition_ to, and shall not affect, any pension, gratuity provident fund money or any other benefit to which the employee may be entitled under his contract of service.] (3) If any question arises as to whether any person was a whole time employee of an insurer or as to whether any employee was employed wholly or mainly in connection with the controlled business of an insurer immediately before the appointed day the question shall be referred to the Central Government whose decision shall be final. (4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, the transfer of the services of any employee of an insurer to the Corporation shall not entitle any such employee to any compensation under that Act or other law, and no such claim shall be entertained by any court, tribunal or other authority. **12. Transfer of services of existing employees of chief agents of insurers to the Corporation in** **certain cases.—Subject to such rules as the Central Government may make in this behalf, every** whole-time salaried employee of a chief agent of an insurer whose controlled business has been transferred to and vested in the Corporation and,— (a) who was employed by the chief agent wholly or mainly in connection with the controlled business of the insurer; (b) whose salary on the appointed day did not exceed five hundred rupees per mensem; and (c) who was in the employment of the chief agent for a continuous period of not less than one year immediately before the appointed day; shall, on and from the appointed day, become, an employee of the Corporation and the provisions of section 11 shall, so far as may be, apply in relation to such employee as they apply in relation to a whole-time employee of the insurer: Provided that this section shall not apply except in cases where the chief agent of the insurer was required under the terms of his contract with the insurer to render the prescribed services to policy holders of the insurer. 1. Subs. by Act 17 of 1957, s. 2, for sub-section (2) (w.e.f. 6-6-1957). 2. Subs. by Act 36 of 1957, s. 2 and the First Schedule, for “vested in it” (w.e.f. 17-9-1957). 19 ----- _Explanation.—In the case of a whole-time salaried employee of a chief agent who has been_ retrenched by the chief agent on or after the 19th day of January, 1956, the provisions of this section shall apply as if for the words ‘the appointed day’ the words and figures ‘the 19th day of January, 1956’ had been substituted. **13. Duty to deliver possession of property and documents relating thereto.—(1) Where any** property appertaining to the controlled business of an insurer has been transferred to and vested in the Corporation under this Act, then,— (a) every person, in whose possession, custody or control any such property may be, shall deliver the property to the corporation forthwith; (b) any person who, on the appointed day, has in his possession, custody or control any books, documents or other papers relating to such controlled business shall be liable to account for the said books, documents and papers to the Corporation, and shall deliver them to the Corporation or to such person as the Corporation may direct. (2) In particular, all the assets of an insurer appertaining to life insurance business held in deposit by the Reserve Bank of India under the Insurance Act or by trustees in trust shall be delivered to the Corporation. (3) Without prejudice to the other provisions contained in this section, it shall be lawful for the Corporation to take all necessary steps for securing possession of all properties which have been transferred to and vested in it under this Act. **14. Power of Corporation to modify contracts of life insurance in certain cases.—The corporation** may, having regard to the financial condition on the appointed day of any insurer whose controlled business has been transferred to an vested in the Corporation, reduce the amounts of insurance under contracts of life insurance entered into by such insurer before the 19th day of January, 1956, in such manner and subject to such conditions as it thinks fit: Provided that no such reduction shall be made except in accordance with a scheme prepared by the Corporation in this behalf and approved by the Central Government. **15. Right of Corporation to seek relief in respect of certain transactions of the insurer.—(1)** Where an insurer whose controlled business has been transferred to and vested in the Corporation under this Act has, at any time within five years before the 19th day of January, 1956,— (a) made any payment to any person without consideration; (b) sold or disposed of any property of the insurer without consideration or for an inadequate consideration; (c) acquired any property or rights for an excessive consideration; (d) entered into or varied any agreement so as to require an excessive consideration to be paid or given by the insurer; (e) entered into any other transaction of such an onerous nature as to cause a loss to, or impose a liability on, the insurer exceeding any benefit accruing to the insurer; (f) if a composite insurer, transferred any property from his life department to his general department without consideration or for an inadequate consideration; and the payment, sale, disposal, acquisition, agreement or variation thereof or other transaction or transfer was not reasonably necessary for the purpose of the controlled business of the insurer or was made with an unreasonable lack of prudence on the part of the insurer, regard being had in either case to the circumstances at the time, the Corporation may apply for relief to the Tribunal in respect of such transaction, and all parties to the transaction shall, unless the Tribunal otherwise directs, be made parties to the application. 20 ----- (2) The Tribunal may make such order against any of the parties to the application as it thinks just having regard to the extent to which those parties were respectively responsible for the transaction or benefited from it and all the circumstances of the case. (3) Where an application is made to the Tribunal under this section is respect of any transaction and the application is determined in favour of the Corporation, the Tribunal shall have exclusive jurisdiction to determine any claims outstanding in respect of the transaction. **16. Compensation for acquisition of controlled business.—(1) Where the controlled business of an** insurer has been transferred to and vested in the Corporation under this Act, compensation shall be given by the Corporation to that insurer in accordance with the principles contained in the First Schedule. (2) The amount of the compensation to be given in accordance with the aforesaid principles shall be determined by the Corporation in the first instance, and if the amount so determined is approved by the Central Government it shall be offered to the insurer in full satisfaction of the compensation payable to him under this Act, and if, on the other hand, the amount so offered is not acceptable to the insurer he may within such time as may be prescribed for the purpose have the matter referred to the Tribunal for decision. **17. Constitution of Tribunals.—(1) The Central Government may for the purposes of this Act** constitute one or more Tribunals and each of the Tribunals shall consist of three members appointed by the Central Government one of whom shall be a person who is, or has been, a Judge of a High Court or has been a Judge of the Supreme Court, and he shall be the Chairman thereof. (2) A Tribunal may choose one or more persons possessing special knowledge of any matter relating to any case under inquiry to assist the Tribunal in determining any question which has to be decided by it under this Act. (3) Every Tribunal shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents. (4) Every Tribunal shall have power to regulate its own procedure and decide all matters within its competence, and may review any of its decisions in the event of there being a mistake on the face of the record or correct any arithmetical or clerical error therein. CHAPTER V MANAGEMENT **18. Offices, branches and agencies.—(1) The central office of the Corporation shall be at such place** as the Central Government may, by notification in the Official Gazette, specify. (2) The Corporation shall establish a zonal office at each of the following places, namely, Bombay, Calcutta, Delhi, Kanpur and Madras, and, subject to the previous approval of the Central Government, may establish such other zonal offices as it thinks fit. (3) The territorial limits of each zone shall be such as may be specified by the Corporation. 1[(4) There may be established as many divisional offices and branches in each zone as may be decided by the Corporation in accordance with the guidelines issued by the Insurance Regulatory and Development Authority established under the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999) in this regard.] 1. Subs. by Act 8 of 2012, s. 3, for sub-section (4) (w.e.f. 31-3-2012). 21 ----- 1[19. Executive Committee.—(1) The Board may constitute an Executive Committee of the Board, consisting of— (i) the Chief Executive; (ii) Managing Directors; (iii) the director referred to in clause (d) of sub-section (2) of section 4; and (iv) four directors nominated by the Board from amongst the directors referred to in clauses (e), (f) and (g) of sub-section (2) of section 4. (2) The Executive Committee of the Board shall exercise such powers as the Board may entrust to it. **19A. Investment Committee.—The Board may, for such functions relating to investment of the** funds of the Corporation as the Board may entrust, constitute an Investment Committee of the Board, consisting of the Chief Executive and not more than seven other directors, of which a minimum two shall be directors other than directors appointed under clause (a) or clause (b) of sub-section (2) of section 4: Provided that the officers of the Corporation heading the functions dealing with finance, risk, investment and law as well as its Appointed Actuary shall be invited to every meeting of the Committee and shall have a right to be heard at the meeting. _Explanation.—For the purposes of this section and section 24B, “Appointed Actuary” means the_ actuary appointed as such by the Corporation under the regulations made by the Authority under the Insurance Act regarding appointed actuaries. **19B. Nomination and Remuneration Committee.—(1) The Board shall constitute a Nomination** and Remuneration Committee of the Board, consisting of three or more directors from amongst directors other than those appointed either under sub-clause (i) of clause (a) or under clause (b) or under clause (c) of sub-section (2) of section 4, out of whom not less than one-half shall be independent directors at any time when the number of independent directors in office is sufficient to constitute such proportion of the membership of the Committee: Provided that the Chairperson may be appointed as a member of the Nomination and Remuneration Committee but shall not chair the Committee: Provided further that in the event of the Corporation applying to list its equity shares under any regulation made by the Securities and Exchange Board in this behalf, the Corporation shall ensure that the proportion of independent directors on the Nomination and Remuneration Committee shall be in accordance with the requirements as provided under those regulations. (2) The Nomination and Remuneration Committee shall— (i) formulate the criteria for determining qualifications, positive attributes and independence of a director to be appointed under clause (e) or clause (f) or clause (g) of sub-section (2) of section 4 and recommend the same to the Board; (ii) in accordance with the criteria referred to in clause (i), identify individuals who are qualified to be appointed as such a director: Provided that while identifying individuals, the Committee shall have due regard to the requirements under the proviso to sub-section (1) of section 19C; (iii) give its recommendations to the Board regarding appointment and removal of such an individual, and carry out evaluation of his performance; and (iv) recommend to the Board a policy relating to the sum payable as sitting fees to a director nominated or appointed under clauses (e) or (f) or (g) of sub-section (2) of section 4, subject to such fees not exceeding such limit as may apply in respect of sitting fees payable to a director of a company under the Companies Act. 1. Subs. by Act 13 of 2021, s. 132, for section 19 (w.e.f. 30-6-2021). 22 ----- **19C. Audit Committee.—(1) The Board shall constitute an Audit Committee of the Board,** consisting of a minimum of three directors with independent directors forming a majority when the number of independent directors in office is sufficient to constitute such proportion of the membership of the Audit Committee: Provided that a majority of directors on the Audit Committee, including its chairperson, shall be individuals with ability to read and understand financial statements and at least one individual shall have accounting or related financial management expertise: Provided further that in the event of the Corporation applying to list its equity shares under any regulation made by the Securities and Exchange Board in this behalf, the Corporation shall ensure that the proportion of independent directors on the Audit Committee shall be in accordance with the requirements as provided under those regulations. (2) The Audit Committee shall act in accordance with the terms of reference specified by the Board, which shall include, inter _alia,—_ (a) recommendations for appointment, remuneration and terms of appointment of the auditors of the Corporation; (b) review and monitoring of the independence and performance of the auditors, and the effectiveness of the audit process; (c) examination of financial statements and auditor’s report thereon; (d) prior approval of transactions of the Corporation with related parties: Provided that the Audit Committee may make omnibus approval for related party transactions proposed to be entered into by the Corporation subject to the conditions specified in sub-section (3): Provided further that in case of transaction other than transactions referred to in section 4C, and where the Audit Committee does not approve a transaction, it shall make its recommendations to the Board: Provided also that in case any transaction involving any amount not exceeding one crore rupees is entered into by a director or an officer of the Corporation without obtaining the approval of the Audit Committee and it is not ratified by the Audit Committee within three months from the date of the transaction, such transaction shall be voidable at the option of the Corporation with the approval of the Audit Committee and if the transaction is with the related party to any director or is authorised by any other director, the director concerned shall indemnify the Corporation against any loss incurred by it; (e) scrutiny of inter-corporate loans and investments; (f) valuation of undertakings or assets of the Corporation, wherever it is necessary; (g) evaluation of internal financial controls and risk management systems; (h) monitoring the end use of funds raised through public offers, and related matters. (3) The Audit Committee may grant omnibus approval for related party transactions proposed to be entered into by the Corporation, subject to the following conditions, namely:- (a) the Audit Committee shall lay down the criteria for granting omnibus approval in line with the policy referred to in sub-section (2) of section 4C including in respect of transactions which are repetitive in nature; (b) the Audit Committee shall satisfy itself that omnibus approval is needed and that such approval is in the interest of the Corporation; (c) the omnibus approval shall specify the following, namely:- (i) the details regarding the name of the related party and the nature, period and the maximum amount of the transactions that shall be entered into; 23 ----- (ii) the details regarding indicative base price or current contracted price, along with the formula, if any, for variation in the price; and (iii) such other conditions as the Audit Committee may deem fit: Provided that where the need for related party transaction cannot be foreseen and the said details are not available, the Audit Committee may grant omnibus approval for such transactions subject to their value not exceeding one crore rupees per transaction; (d) the Audit Committee shall review on a quarterly basis, the details of related party transactions entered into by the Corporation pursuant to every omnibus approval given; and (e) omnibus approval shall be valid for a period not exceeding one year and shall require fresh approval after expiry of one year. (4) The Audit Committee may call for the comments of the auditors about internal control systems, the scope of audit including the observations of the auditors, and review of financial statements before their submission to the Board, and may also discuss any related issues with the auditors and the management of the Corporation. (5) The Audit Committee shall have authority to investigate any matter in relation to the items specified in sub-section (2) or referred to it by the Board and, for this purpose, shall have the power to obtain professional advice from external sources and have full access to information contained in the records of the Corporation. (6) The auditors of the Corporation and such key managerial personnel as the Board may specify shall have a right to be heard in the meetings of the Audit Committee when it considers the auditor’s report. **19D. Other Committees.—The Board may constitute such other Committees of the Board as it may** deem fit, to render advice to the Board on such matters as may be generally or specially referred to them, and to perform such duties as the Board may entrust to them.] **1[20. Chief Executive and Managing Directors.—(1) The Chief Executive shall, subject to the** superintendence, control and direction of the Board, be entrusted with substantial powers of management in respect of the whole of the affairs of the Corporation. (2) The Chief Executive shall also perform such other duties in relation to the affairs of the Corporation as the Board may entrust to him from time to time and shall, for this purpose, exercise such powers as may be conferred upon him by the Board: Provided that the Board may also empower the Chief Executive to entrust or delegate such of his duties and powers, as it may deem fit. (3) Every Managing Director, subject to the general control of the Chief Executive, shall perform such duties and exercise such powers as may be entrusted or delegated to him by the Board or, under subsection (2), by the Chief Executive.] **21. Corporation to be guided by the directions of Central Government.—In the discharge of its** functions under this Act, the Corporation shall be guided by such directions in matters of policy involving public interest as the Central Government may give to it in writing; and if any question arises whether a direction relates to a matter of policy involving public interest the decision of the Central Government thereon shall be final. **22. Zonal Managers.—(1) The Corporation may entrust the superintendence and direction of the** affairs and business of a zonal office to [2][an employee of the Corporation other than a whole-time director], who shall be known as the Zonal Manager and the Zonal Manager shall perform all such functions of the Corporation as may be delegated to him with respect to the area within the jurisdiction of the zonal office. 1. Subs. by Act 13 of 2021, s. 133, for section 20 (w.e.f. 30-6-2021). 2. Subs. by s. 134, for “a person whether a member or not” (w.e.f. 30-6-2021). 24 ----- 1* - - - (3) The Corporation shall constitute in the prescribed manner for each zonal office an Employees and Agents Relations Committee consisting of such number of persons as it thinks fit and every such Committee shall consist of representatives of the Corporation and of its employees and agents, so however, that the number of representatives of the employees and agents on the Committee shall not be less than the number of representatives of the Corporation and it shall be duty of the Committee to advise the Zonal Manager on matters which relate to the welfare of the employees and agents of the Corporation or which are likely to promote and secure amity and good relations between them and the Corporation. **23. Staff of the Corporation.—(1) For the purpose of enabling it to discharge its functions under this** Act, the Corporation may employ such number of persons as it thinks fit. (2) Every person employed by the Corporation or whose services have been transferred to the Corporation under this Act, shall be liable to serve anywhere in India. **2[23A. Annual general meeting and other general meetings.—(1) An annual general meeting or** other general meeting of members shall be held in each financial year at such time as the Board may specify, at the central office of the Corporation or at such other place in India as the Central Government may permit on the recommendations of the Board: Provided that not more than fifteen months shall elapse between the date of one annual general meeting of the Corporation and that of the next: Provided further that notwithstanding anything contained in this section, general meeting shall be held only when the Corporation has members other than the Central Government who are entitled to vote: Provided also that until the first annual general meeting or other general meeting is held, the Board shall perform all the functions required to be performed in such meeting. (2) The members present at an annual general meeting shall be entitled to— (a) discuss the financial statements of the Corporation as referred to in section 24B and the auditor’s report as referred to in section 25B, which shall be accompanied by the report of the Board as referred to in section 24C, and to adopt the financial statements, along with all the documents which are required to be attached to such financial statements under this Act; (b) discuss and adopt the Annual Report prepared under section 27; (c) approve a declaration of dividend under sub-section (1) of section 28B; (d) approve the appointment of directors under sub-section (4) of section 4; (e) approve the appointment of auditors under sub-sections (1) and (4) of section 25 and fix their remuneration under sub-section (7) of section 25. (3) Every member shall be entitled to attend a general meeting, whether in person or by proxy or by duly authorised representative: Provided that every director shall also be entitled to attend a general meeting, whether in person or through electronic means: Provided further that all notices of, and other communications relating to, any general meeting shall be forwarded to the auditor appointed for the Corporation, and such auditor shall, unless exempted by the Corporation, attend any general meeting either in person or through authorised representative who is qualified to be an auditor, and shall have the right to be heard at such meeting on any part of the business which concerns him as the auditor. 1. Sub-section (2) omitted by Act 13 of 2021, s. 134 (w.e.f. 30-6-2021). 2. Ins. by s. 135, ibid. (w.e.f. 30-6-2021). 25 ----- (4) A member who is entitled to vote may exercise his vote at a general meeting in person or by proxy or by duly authorised representative. (5) Persons entitled to attend and to exercise vote at a general meeting may also do so through electronic means, and the manner of attendance and exercise of vote shall be such as may be prescribed. (6) No business other than that specified in sub-section (2) shall be transacted or discussed at the annual general meeting, except with the consent of the Chairperson, unless not less than six weeks’ notice of the same has been given to the Chairperson either by the Central Government or by at least hundred members who have the right to vote at the meeting: Provided that such a notice shall be in the form of a definite resolution to be put to the meeting, and that such resolution shall be included in the notice of the meeting. (7) Save and except with the consent of the Chairperson, no business other than that for which a general meeting has been convened shall be transacted or discussed at the meeting. (8) No general meeting shall be proceeded with and no business shall be transacted at any general meeting unless members constitute such quorum as may be prescribed: Provided that where a meeting could not be held for want of quorum, it may be adjourned and held in such manner as may be prescribed. (9) The Corporation shall cause the minutes of all proceedings of general meetings to be entered in books kept for that purpose.] CHAPTER VI FINANCE, ACCOUNTS AND AUDIT **1[24. Funds of the Corporation.—(1) The Corporation shall have its own fund or funds, and all** receipts of the Corporation shall be credited thereto and all payments of the Corporation shall be made therefrom: Provided that the Board may, in relation to any of the funds of the Corporation or otherwise, establish reserves which may or may not be allocated for a specific purpose, and such sums as the Board may determine, may be transferred to or from such reserves. (2) The Board shall, for every financial year after the financial year in which the provisions of section 136 of the Finance Act, 2021 come into force, cause to be maintained— (a) a participating policyholders fund, to which all receipts from participating policyholders shall be credited and from which all payments to such policyholders shall be made; and (b) a non-participating policyholders fund, to which all receipts from non-participating policyholders shall be credited and from which all payments to such policyholders shall be made: Provided that the members, by resolution in a general meeting, may exempt maintenance of such funds for one financial year at a time up to two financial years. **24A. Books of account, etc.---(1) The Corporation shall prepare and keep at its central office books** of account and other relevant books and records and financial statement for every financial year which give a true and fair view of the state of its affairs, including that of its zonal offices, and which explain the transactions effected both at the central office and at its zonal offices. (2) The Corporation shall prepare and keep at each zonal office of the Corporation, books of account and other relevant books and records and financial statement for every financial year which give a true and fair view of the state of affairs of every divisional office established in the zone corresponding to such zonal office and which explain the transactions effected thereat. (3) The Corporation shall prepare and keep at each divisional office of the Corporation, books of account and other relevant books and records and financial statement for every financial year which give 1. Subs.by Act 13 of 2021, s. 136, for section 24 (w.e.f. 30-6-2021). 26 ----- a true and fair view of the state of affairs of every branch established under such divisional office and which explain the transactions effected thereat. (4) All or any of the books of account and other relevant books and records referred to in sub-section (1) or sub-section (2) or sub-section (3) may be kept at such other place or places in India as the Board may decide. (5) The Corporation shall be deemed to have complied with the provisions of sub-section (1) or sub section (2) or sub-section (3), in respect of a zonal office or a divisional office, other than the central office, or a branch of the Corporation, whether within or outside India, if proper books of account relating to the transactions effected at such office or branch, are kept thereat and proper summarised returns are sent periodically to the central office or the corresponding zonal office or the corresponding divisional office, or to the other place referred to in sub-section (4). (6) The books of account and other relevant books and records referred to in sub-section (1) or sub section (2) or sub-section (3) may be kept in electronic form, in such manner as the Board may determine. (7) The books of account of the Corporation relating to a period of not less than ten financial years immediately preceding a financial year, together with the vouchers relevant to any entry in such books of account, shall be kept in good order: Provided that where the Central Government has appointed a special auditor under section 25D or is of the opinion that circumstances exist which render it necessary so to do, it may direct the Corporation that the books of account be kept for such longer period as the Central Government may specify. **24B. Financial statements.—(1) The financial statements of the Corporation shall give a true and** fair view of the state of affairs of the Corporation and shall be in conformity with applicable accounting requirements as may be applicable for such financial statements: Provided that the financial statements shall not be treated as not disclosing a true and fair view of the state of affairs of the Corporation, merely by reason of the fact that they do not disclose any matters which are not required to be disclosed by this Act or by the Insurance Act or by the Insurance Regulatory and Development Authority Act, 1999 (42 of 1999) or by any other law for the time being in force. (2) At every annual general meeting, the Board shall place before such meeting financial statements for the preceding financial year. (3) The Corporation shall, in addition to financial statements provided under sub-section (2), prepare a consolidated financial statement of the Corporation in conformity with the requirements referred to in sub-section (1), and shall place the same before the annual general meeting, along with the placing of its financial statements under sub-section (2): Provided that the Corporation shall also attach along with its financial statements, a separate statement containing the salient features of the consolidated financial statement. (4) The provisions of this Act applicable to financial statements under sub-section (1) and under section 24C, the inquiry by the auditor into matters referred to in and making of the auditor’s report on accounts under section 25B, and adoption of financial statements under section 23A at the annual general meeting, shall, mutatis mutandis, apply to the consolidated financial statement referred to in sub-section (3). (5) Without prejudice to anything contained in sub-section (1) or sub-section (3), where the financial statements are not in conformity with the standards applicable thereto, the Corporation shall disclose in the financial statements the deviation from applicable standards, the reasons therefor and the financial effects, if any, arising out of such deviation. (6) Financial statements including consolidated financial statement, if any, shall be approved by the Board before they are signed on behalf of the Board by two whole-time directors, one director other than a whole-time director, the heads of the finance and secretarial functions of the Corporation and its Appointed Actuary, for submission to the auditor for his report thereon. (7) The auditor’s report shall be attached to every financial statement. 27 ----- (8) A signed copy of every financial statement, including consolidated financial statement, if any, shall be issued, circulated or published, along with a copy each of— (a) any notes annexed to or forming part of such financial statement; (b) the auditor’s report; and (c) the Board’s report referred to in sub-section (1) of section 24C. **24C. Board’s report.—(1) There shall be attached to financial statements placed before general** meeting, a report by the Board, which shall include— (a) number of meetings of the Board; (b) a Directors’ Responsibility Statement; (c) details in respect of frauds reported by auditors; (d) a statement on declarations given by independent directors under the second proviso to sub section (3) of section 4; (e) the Corporation’s policy on directors’ appointment, including the criteria for determining qualifications, positive attributes and independence of a director, which are referred to in section 19B; (f) explanations or comments by the Board on every qualification, reservation or adverse remark or disclaimer made in the auditor’s report; (g) particulars in respect of investments in terms of the provisions of section 27A of the Insurance Act as made applicable to the Corporation by notification issued under sub-section (2) of section 43; (h) particulars of contracts or arrangements with related parties, referred to in sub-section (1) of section 4C; (i) the state of the Corporation’s affairs; (j) the amounts, if any, which are carried to any reserves; (k) the amount, if any, which it recommends should be paid by way of dividend; (l) material changes and commitments, if any, affecting the financial position of the Corporation, which have occurred between the end of the financial year to which the financial statements relate and the date of the report; (m) a statement indicating the manner in which annual evaluation of the performance of individual directors has been made under section 19B; (n) such other matters as may be prescribed: Provided that where disclosures referred to in this sub-section have been included in the financial statements, such disclosures may be referred to instead of being repeated in the Board’s report: Provided further that where the policy referred to in clause (e) is made available on the Corporation’s website, it shall be sufficient compliance of the requirement under the said clause if the salient features of the policy and any changes therein are specified in brief in the Board’s report and the web-address at which the policy is available is indicated therein. (2) The Directors’ Responsibility Statement referred to in clause (b) of sub-section (1) shall state that— (a) in the preparation of the annual accounts, the requirements referred to in section 24B were followed, along with proper explanation relating to material departures; (b) accounting policies were selected and applied consistently and the judgments made and estimates were reasonable and prudent, so as to give a true and fair view of the state of affairs of the Corporation at the end of the financial year and of the profit and loss of the Corporation for that period; 28 ----- (c) proper and sufficient care for the maintenance of adequate accounting records was taken in accordance with the provisions of this Act for safeguarding the assets of the Corporation and for preventing and detecting fraud and other irregularities; (d) the annual accounts were prepared on a going concern basis; (e) the vigilance administration referred to in clause (h) of sub-section (1) of section 8 of the Central Vigilance Commission Act, 2003 (45 of 2003) was in operation in the Corporation under the superintendence of the Central Vigilance Commission, and in addition, internal financial controls to be followed by the Corporation had been laid down and were operating effectively; and (f) proper systems were devised to ensure compliance with the provisions of applicable laws and were operating effectively. _Explanation.—For the purposes of this sub-section, the expression “internal financial controls”_ means the policies and procedures adopted for ensuring the orderly and efficient conduct of the Corporation’s business, including adherence to its policies, safeguarding of its assets, prevention and detection of errors, accuracy and completeness of accounting records, and timely preparation of reliable financial information. (3) The Board’s report and any annexures thereto under sub-section (1) shall be signed on behalf of the Board by two whole-time directors and one director other than a whole-time director. **24D. Penalties.—If the Chief Executive or the Managing Director in charge of finance or the head of** the finance function of the Corporation or any other person of the Corporation charged by the Board with the duty of complying with the provisions of section 24A or section 24B or section 24C contravenes any of the said provisions, such Chief Executive or Managing Director or head of finance function or other person shall, for each section whose provisions have been contravened, be liable to pay penalty of a sum which shall not be less than fifty thousand rupees but which may extend to five lakh rupees.] **1[25. Appointment of auditors.—(1) The Corporation shall, at its first annual general meeting,** appoint as many auditors (which may be individual or firm) as it deems fit, and such auditor shall hold office from the conclusion of that meeting till the conclusion of its sixth annual general meeting thereafter, and shall similarly appoint auditor for subsequent periods of five years at a time, and the manner and procedure of selection of auditors by the members at such a meeting shall be such as may be prescribed: Provided that before such appointment is made, the written consent of the auditor to such appointment, and a certificate from the auditor that the appointment, if made, shall be in accordance with such conditions as may be prescribed, shall be obtained from the auditor: Provided further that such certificate shall also declare that the auditor satisfies the criteria provided for eligibility for appointment as an auditor of a company under section 141 of the Companies Act. (2) The Corporation shall not appoint an auditor for more than one term of five consecutive years: Provided that an auditor who has completed the term of appointment shall not be eligible for re appointment or for fresh appointment as auditor for a period of five years from such completion: Provided further that no audit firm shall be appointed as auditor for a period of five years which, if appointed, as on the date of its appointment, would have a common partner or partners with the audit firm whose term as auditor in the Corporation had expired in the financial year immediately preceding the financial year in which fresh appointment is to be made, or which is associated with the same network of audit firms as the audit firm whose term had expired as aforesaid: Provided also that nothing contained in this sub-section shall prejudice the right of the Corporation to remove an auditor or the right of the auditor to resign from such office of the Corporation. _Explanation.—For the purposes of this sub-section, the expression “same network” includes firms_ operating or functioning under a common brand name or trade name, or under common control, or which 1. Subs. by Act 13 of 2021, s. 137, for section 25 (w.e.f. 30-6-2021). 29 ----- are network firms as defined under any guidelines for networking issued by the Institute of Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949 (38 of 1949). (3) Subject to the provisions of this Act, the Corporation may resolve in a general meeting to provide that— (a) in the audit firm appointed by it, the auditing partner and his team shall be rotated at such intervals as may be resolved by members; (b) the audit shall be conducted by more than one auditor. (4) Any casual vacancy in the office of an auditor shall be filled by the Board within thirty days, but if such casual vacancy is as a result of the resignation of an auditor, such appointment shall also be approved by the Corporation in a general meeting convened within three months of the Board making recommendations in this behalf, and the auditor so appointed shall hold office till the conclusion of the next annual general meeting. (5) Where at any annual general meeting, no auditor is appointed, the existing auditor shall continue to be the auditor of the Corporation. (6) All appointments, including the filling of a casual vacancy of an auditor under this section, shall be made after taking into account the recommendations of the Audit Committee. (7) The remuneration of the auditor shall be fixed in the general meeting or in such manner as may be determined therein. (8) Until the first annual general meeting is held, auditors duly qualified to act as auditors of companies under the law for the time being in force relating to companies shall be appointed by the Board with the previous approval of the Central Government, and shall receive such remuneration from the Corporation as the Central Government may fix. (9) Notwithstanding anything contained in sub-section (1), where an auditor has been appointed previous to the first annual general meeting, either under section 25 [as it stood before the coming into force of section 137 of the Finance Act, 2021] or thereafter under sub-section (8), and the term specified for such auditor’s appointment has not expired, and the auditor meets the criteria referred to in subsection (1), such auditor shall continue till the expiry of the term so specified: Provided that nothing contained in this sub-section or in section 25A shall prejudice the right of the Corporation to remove such auditor or the right of the auditor to resign from such office of the Corporation. (10) An auditor appointed under sub-section (1) or sub-section (8) or sub-section (9) shall provide to the Corporation or its subsidiaries such other services as are approved by the Board, but shall not include any of the services, whether rendered directly or indirectly, that are enumerated in section 144 of the Companies Act: Provided that an auditor who has been performing any non-audit services on or before the coming into force of section 137 of the Finance Act, 2021 shall comply with the provisions of this sub-section before the close of the first financial year in which the said section comes into force. _Explanation.—For the purposes of this section, the word “firm” shall include a limited liability_ partnership incorporated under the Limited Liability Partnership Act, 2008 (6 of 2009). **25A. Removal and resignation of auditor.—(1) The auditor appointed under section 25 may be** removed from office before expiry of the term of appointment only by a special resolution: Provided that before taking any action under this sub-section, an auditor proposed to be removed shall be given a reasonable opportunity of being heard, which shall include the right to represent in writing to the Corporation and, where the auditor requests that such representation be notified to members, to have a copy thereof sent to every member and in case a copy is not sent as aforesaid because it was received too late, to have the representation read out at the meeting, without prejudice to the right to be heard orally. 30 ----- (2) The auditor who has resigned from the Corporation shall file within a period of thirty days from the date of resignation, a statement in the prescribed form with the Corporation, indicating the reasons and other facts as may be relevant with regard to the resignation. (3) Without prejudice to any action under this Act or any other law, if the Central Government is satisfied, in consultation with the Comptroller and Auditor General of India, that any change of auditor is required, it may make an order that the auditor shall not function as such and may appoint another auditor in place of such auditor. **25B. Powers and duties of auditors and auditor’s report.—(1) Every auditor of the Corporation** shall have a right of access at all times to the books of account and vouchers of the Corporation, and shall be entitled to require from the officers of the Corporation such information and explanation as the auditor may consider necessary for the performance of his duties as auditor, and shall, amongst other matters, inquire into the following matters, namely:— (a) whether loans and advances made by the Corporation on the basis of security have been properly secured; (b) whether the terms on which loans and advances have been made are prejudicial to the interests of the Corporation or its members; (c) whether transactions of the Corporation which are represented merely by book entries are prejudicial to its interests; (d) whether so much of the assets of the Corporation as consist of shares, debentures and other securities have been sold at a price less than that at which they were purchased; (e) whether loans and advances made by the Corporation have been shown as deposits; (f) whether personal expenses have been charged to revenue account; (g) where it is stated in the books and documents of the Corporation that any shares have been allotted for cash, whether cash has actually been received in respect of such allotment, and if no cash has actually been so received, whether the position as stated in the account books and the balancesheet is correct, regular and not misleading: Provided that the auditor shall also have the right of access to the records of all the subsidiaries and associate companies of the Corporation, in so far as they relate to consolidation of the Corporation’s financial statements with those of such subsidiaries and associate companies. (2) The auditor shall make a report to the members on the accounts examined by the auditor and on every financial statement which is required by or under law to be placed in general meeting, and such report shall, after taking into account applicable provisions of this Act and any other law for the time being in force, the standards referred to in section 24B, and matters that are required to be included in the audit report under the provisions of this Act or any other law for the time being in force, and to the best of the information and knowledge of the auditor, state that the said accounts and financial statements give a true and fair view of the state of the Corporation’s affairs as at the end of its financial year and profit or loss and cash flow for the year. (3) The auditor’s report shall also state— (a) whether the auditor has sought and obtained all the information and explanations which to the best of the auditor’s knowledge and belief were necessary for the purpose of audit and if not, the details thereof and the effect of such information on the financial statements; (b) whether, in the auditor’s opinion, proper books of account as required by law have been kept by the Corporation so far as appears from the auditor’s examination of those books and proper returns adequate for the purposes of audit have been received from branches not visited by the auditor; (c) whether any report referred to in the proviso to sub-section (6) has been sent to the Corporation’s auditor, and the manner in which the Corporation’s auditor has dealt with it in preparing the auditor’s report; 31 ----- (d) whether the Corporation’s balance-sheet and profit and loss account dealt within the report are in agreement with the books of account and returns; (e) whether, in the auditor’s opinion, the financial statements comply with applicable standards; (f) the observations or comments of the auditor on financial transactions and matters which have any adverse effect on the functioning of the Corporation; (g) whether any director is disqualified to be or remain a director under clause (i) of section 4A; (h) any qualification, reservation or adverse remark relating to the maintenance of accounts and matters connected therewith; (i) whether the Corporation has adequate internal financial controls with reference to financial statements in place and the operating effectiveness of such controls; (j) such other matters as may be prescribed. (4) Where any of the matters required to be included in the audit report under this section is answered in the negative or with a qualification, the report shall state the reasons therefor. (5) All qualifications, observations or comments mentioned in the report of the auditor appointed for the Corporation, in respect of financial transactions or matters that have any adverse effect on the functioning of the Corporation, shall be read out in general meeting and shall be open to inspection by any member. (6) In respect of a branch or an office of the Corporation, the accounts shall be audited either by the auditor appointed for the Corporation (herein referred to as Corporation’s auditor) in this section or by any other person qualified for appointment as an auditor of the Corporation and appointed as such under section 25, or where the branch or office is situated in a country outside India, the accounts of the branch or office shall be audited either by the Corporation’s auditor or by an accountant or by any other person duly qualified to act as an auditor of the accounts of the branch or office in accordance with the laws of that country, and the duties and powers of the Corporation’s auditor with reference to the audit of the branch or office and the auditor thereof, if any, shall be such as may be prescribed: Provided that the auditor for a branch or office shall prepare a report on the accounts of the branch or office, examined by such auditor and shall send it to the Corporation’s auditor, who shall deal with it in the Corporation’s auditor’s report in such manner as the Corporation’s auditor may consider necessary. **25C. Internal auditor.—(1) The Board shall, on the recommendation of the Audit Committee,** appoint an internal auditor, who shall either be a chartered accountant or a cost accountant, or such other professional as may be determined by the Board to conduct the internal audit of the functions and activities of the Corporation. (2) The Audit Committee shall— (a) recommend to the Board for the appointment, remuneration and terms of appointment of the internal auditor; (b) in consultation with the internal auditor, formulate the scope, functioning, periodicity and methodology for conducting the internal audit; (c) review and monitor the internal auditor’s performance and effectiveness of audit process. **25D. Special auditor.—Notwithstanding anything contained in sections 19C, 23A, 25, 25A and 25B,** the Central Government may, at any time, appoint such auditor as it deems fit as a special auditor to examine and report on the accounts of the Corporation, and such auditor shall have the same rights of access to the books of account and vouchers of the Corporation and entitlement to require information and explanation from the officers of the Corporation as an auditor of the Corporation has under section 25B.] 32 ----- **26. Actuarial valuations.—[1][The Board] shall, [2][every year], cause an investigation to be made by** actuaries into the financial conditions of the[ 3][life insurance business of the Corporation, including a valuation of the liabilities of the Corporation in respect thereto], and submit the report of the actuaries to the [4][Board]. **27. Annual report of activities of Corporation.—The Corporation shall, as soon as may be, after** the end of each financial year, prepare and submit to the Central Government in such form as may be prescribed a report giving an account of its activities during the previous financial year, [5]***. 6[28. Surplus from life insurance business, how to be utilized.—(1) If as a result of any investigation undertaken by the Board under section 26, any surplus emerges, — (a) for every financial year previous to the financial year for which the funds referred to in sub section (2) of section 24 are to be maintained, and for any subsequent financial year for which members may exempt the maintenance of such funds,— (I) ninety per cent., or such higher percentage as the Board may approve, of such surplus shall be allocated to or reserved for the life insurance policyholders of the Corporation; and (II) such percentage of the remaining surplus as the Board may approve, shall be allocated to or reserved for members and may either be credited to a separate account maintained by the Corporation or be transferred to such reserve or reserves as the Board may specify; (b) for every financial year other than that referred to in clause (a),— (i) in respect of participating policyholders,— (I) ninety per cent., or such higher percentage as the Board may approve, of surplus relating to such policyholders, shall be transferred to the participating policyholders fund, and shall be allocated to or reserved for the life insurance participating policyholders of the Corporation; and (II) such percentage of the remaining surplus as the Board may approve, shall be allocated to or reserved for members and may either be credited to a separate account maintained by the Corporation or be transferred to such reserve or reserves as the Board may specify; (ii) in respect of non-participating policyholders, one hundred per cent. of surplus relating to such policyholders shall be allocated to or reserved for members and may either be credited to a separate account maintained by the Corporation or be transferred to such reserve or reserves as the Board may specify. (2) The remaining surplus referred to in sub-clause (ii) of clause (a) of sub-section (1) or in item (ii) of sub-clause (i) of clause (b) of sub-section (1), as the case may be, and the surplus referred to in subclause (ii) of clause (b) of sub-section (1), and the profits allocated to or reserved for the members under section 28A, shall be utilised for such purposes as the Board may approve, including for the purpose of declaration or payment of dividend, the issue of fully paid-up bonus shares to members and crediting any of the reserves that the Board may create for any purpose. (3) The Corporation shall, with the approval of the Board, publish on its website its surplus distribution policy at least once in five years, or such shorter period not less than three years as the Board may deem fit, and such policy shall specify, among other things, the percentages referred to in sub-section (1).] 1. Subs. by Act 13 of 2021, s. 138, for “The Corporation” (w.e.f. 30-6-2021). 2. Subs. by Act 8 of 2012, s. 4, for “once at least in every two years” (w.e.f. 31-3-2012). 3. Subs. by Act 33 of 1965, s. 2, for certain words (w.e.f. 29-9-1965). 4. Subs. by 13 of 2021, s. 138, for “Central Government” (w.e.f. 30-6-2021). 5. The words “and the report shall also give an account of the activities, if any, which are likely to be undertaken by the Corporation in the next financial year” omitted by s. 139, ibid. (w.e.f. 30-6-2021). 6. Subs. by s. 140, ibid., for section 28 (w.e.f. 30-6-2021). 33 ----- 1[28A. Profits from any business (other than life insurance business) how to be utilised.—If for any financial year profits accrue from any business (other than life insurance business) carried on by the Corporation, then, after making provision for reserves and other matters for which provision is necessary or expedient, the balance of such profits shall be [2][allocated to or reserved for the members].] 3[28B. Declaration of dividend.—(1) No dividend shall be declared or paid by the Corporation for any financial year except out of the surpluses and profits referred to in sub-section (2) of section 28 (after excluding any amount representing unrealised gains, notional gains or revaluation of assets and any change in carrying amount of an asset or of a liability on measurement of the asset or the liability at fair value) for such year arrived at after providing for depreciation, or for any previous financial year or years arrived at after providing for depreciation and remaining undistributed, or out of both the aforesaid surpluses and profits: Provided that no dividend shall be declared or paid by the Corporation from its reserves other than free reserves: Provided further that no dividend shall be declared or paid by the Corporation unless any losses carried over from previous years and any depreciation not provided for in previous years are set off against the surpluses and profits referred to in sub-section (2) of section 28 for the financial year for which the dividend is proposed to be declared or paid. (2) The Board may, during any financial year or at any time during the period from the close of a financial year till the holding of the annual general meeting for that financial year, declare interim dividend out of the surpluses and profits referred to in sub-section (2) of section 28 of the financial year for which such interim dividend is sought to be declared, or out of the surpluses and profits referred to in sub-section (2) generated in the current financial year till the close of the quarter preceding the date of declaration of such interim dividend: Provided that in case the Corporation has incurred loss during the current financial year up to the close of the quarter immediately preceding the date of declaration of interim dividend, such interim dividend shall not be declared at a rate higher than the average of the dividends declared by the Corporation during the immediately preceding three financial years. (3) The amount of the dividend, including interim dividend, shall be deposited in a scheduled bank in a separate account within five days from the date of declaration of such dividend. (4) No dividend shall be paid by the Corporation in respect of any share of the Corporation except to the member in whose name such share is entered on the register of members referred to in section 5C, or to his order, or to his banker, and shall be payable in cash and not in stock or other form of value: Provided that nothing in this sub-section shall be deemed to prohibit the capitalisation of the surpluses and profits referred to in sub-section (2) of section 28 for the purpose of issuing fully paid-up bonus shares or paying up any amount for the time being unpaid on any share held by members: Provided further that any dividend payable in cash may be paid by cheque or warrant or in any electronic mode to the member entitled to such payment. **28C. Unpaid Dividend Account.—(1) Where a dividend has been declared by the Corporation but** has not been paid or claimed within thirty days from the date of declaration to any member entitled to payment thereof, the Corporation shall, within seven days from the expiry of the said period of thirty days, transfer the total amount of dividend which remains unpaid or unclaimed to a special account to be opened by the Corporation in that behalf in any scheduled bank, to be called the Unpaid Dividend Account. (2) The Corporation shall, within a period of ninety days of making any transfer of an amount under sub-section (1) to the Unpaid Dividend Account, prepare a statement containing the name and last known address of, and the amount of the unpaid dividend payable to, each member entitled to such unpaid 1. Ins. by Act 33 of 1965, s. 4 (w.e.f. 29-9-1965). 2. Subs. by Act 13 of 2021, s. 141, for “paid to the Central Government” (w.e.f. 30-6-2021). 3. Ins. by s. 142, ibid. (w.e.f. 30-6-2021). 34 ----- dividend, and shall place such statement on its website and on any other website as the Central Government may specify. (3) If any default is made in transferring the total amount referred to in sub-section (1) or any part thereof to the Unpaid Dividend Account, the Corporation shall pay, from the date of such default, interest on so much of the amount as has not been transferred to the said account, at such rate as is specified in section 124 of the Companies Act, and the interest accruing on such amount shall ensure to the benefit of the members in proportion to the amount remaining unpaid to them. (4) Any person claiming to be entitled to any money transferred under sub-section (1) to the Unpaid Dividend Account may apply to the Corporation for payment of the money claimed. (5) The amount remaining unclaimed and unpaid for a period of seven years from the date it became due for payment in the Unpaid Dividend Account shall be transferred to the Investor Education and Protection Fund established under sub-section (1) of section 125 of the Companies Act and shall be deemed to be an amount credited to the said Fund under sub-section (2) of the said section. (6) All shares in respect of which dividend has not been paid or claimed for seven consecutive years or more shall be transferred by the Corporation in the name of the Investor Education and Protection Fund along with a statement containing such details as may be prescribed: Provided that every claimant of such shares shall be entitled to claim the transfer thereof from the said Fund in accordance with such procedure and on submission of such documents as may be prescribed. _Explanation.—For the removal of doubts, it is hereby clarified that in case any dividend is paid or_ claimed for any year during the said period of seven consecutive years, the share shall not be transferred to the Investor Education and Protection Fund.] **29. Reports to be laid before Parliament.—The Central Government shall cause the report of the** auditors under section 25, the report of the actuaries under section 26 and the report giving an account of the activities of the Corporation under section 27 to be laid before both Houses of Parliament as soon as may be after each such report is received by the Central Government. CHAPTER VII MISCELLANEOUS **30. Corporation to have the exclusive privilege of carrying on life insurance business.—Except** to the extent otherwise expressly provided in this Act, on and from the appointed day the Corporation shall have the exclusive privilege of carrying on life insurance business in India; and on and from the said day any certificate to registration under the Insurance Act held by any insurer immediately before the said day shall cease to have effect in so far as it authorises him to carry on life insurance business in India. 1[30A. Exclusive privilege of Corporation to cease.—Notwithstanding anything contained in this Act, the exclusive privilege of carrying on life insurance business in India by the Corporation shall cease on and from the commencement of the Insurance Regulatory and Development Authority Act, 1999, and the Corporation shall, thereafter, carry on life insurance business in India in accordance with the provisions of the Insurance Act, 1938 (4 of 1938).] **31. Exception in the case of insurance business in respect of persons residing outside India.—(1)** Notwithstanding anything contained in section 30 or in the Insurance Act, the Central Government may, by order, permit any person who has made an application in that behalf, to carry on life insurance business in India, in respect of the lives of persons ordinarily resident outside India, subject to such restrictions and conditions as may be specified in the order and any such order shall be deemed to have effect as if it were a certificate of registrations issued by the [2][Authority] to such person under section 3 of the Insurance Act in respect of that class of business. 1. Ins. by Act 41 of 1999, s. 31 and the Second Schedule (w.e.f. 19-4-2000). 2. Subs. by Act 41 of 1999, s. 31 and the Second Schedule, for “Controller” (w.e.f. 19-4-2000). 35 ----- (2) Nothing in sub-section (1) shall authorise any person permitted to carry on life insurance business of the nature referred to in that sub-section, to insure the life of any person ordinarily resident outside India, during any period of his temporary residence in India. **32. Power of Corporation to have official seal in certain cases.—The Corporation may have for** use in any zonal office, divisional office or in any office outside India an official seal which shall be a _facsimile of the common seal of the Corporation, with the addition on its fact of the name of the zonal_ office, divisional office or other office where it is to be used, and any such official seal may be affixed to any deed or document to which the Corporation is a party. **33. Requirement of foreign laws to be complied with in certain cases.—Where any property or** rights appertaining to the controlled business of an insurer are transferred to and vested in the Corporation under this Act or would be so transferred and vested but for the fact that such transfer and vesting are governed otherwise than by the law of India, the insurer shall comply with such directions as may be given to him by the Corporation for the purpose of securing that the ownership of the property or, as the case may be, that the right is effectively transferred to the Corporation. **34. Revesting of certain shares vested in the Administrator General.—Notwithstanding anything** contained in the Insurance Act, all shares which have vested in the Administrator General of any State under sub-section (8) of the section 6A of that Act and which have not been disposed of in accordance with the provisions of that sub-section before the appointed day, shall, on payment of the amount of expenditure, if any, incurred by the Administrator General in relation to such shares by the persons who would have been entitled to those shares if the said sub-section had not been enacted, revest in such persons. **35. Repatriation of assets and liabilities in the case of foreign insurers in certain cases.—(1) Any** insurer incorporated outside India may, before the appointed day, make an application to the Central Government stating that among the assets appertaining to the controlled business of the insurer there are assets brought into India by the insurer for the purpose of building up his life insurance business in India, which, notwithstanding anything contained in section 7, should not be transferred to and vested in the Corporation. (2) On receipt of an application under sub-section (1), the Central Government shall determine the value of the assets of the insurer appertaining to his controlled business in existence on 31st day of December, 1955, computed as at that date in accordance with the provisions contained in paragraph 3 of Part B of the First Schedule, and deduct therefrom the total amount of the liabilities of the insurer appertaining to his controlled business in existence on the 31st day of December 1955, computed as at that date in accordance with the provisions contained in the Second Schedule; and if there is any excess, the Central Government may, by order, direct that such assets equivalent in value to the excess as may be specified in the order shall not be transferred to or vested in the Corporation, or where the order is made after the appointed day, that the Corporation shall be divested of the said assets. (3) In the case of any insurer incorporated outside India, the Central Government may also, by order, direct that any such liabilities in respect of life insurance policies expressed in any foreign currency issued on the lives of persons who are not citizens of India as are specified in the order together with any such assets necessary to meet the liabilities, as may be so specified, shall not be transferred to or vested in the Corporation or, if the order is made after the appointed day, that the Corporation shall be divested of such liabilities and assets as aforesaid. (4) The amount of liabilities in respect of the policies referred to in an order made under sub-section (3) shall be computed as at the 31st day of December, 1955,— (a) in any case where in respect of the insurer concerned an order has been made under sub-section (2), in accordance with the provisions contained in clause (b) of the Second schedule; and (b) in any other case, in accordance with method A specified in the Second Schedule. _Explanation.—In computing the amount of liabilities in respect of the policies referred to in this_ sub-section, allowance shall be made for receipts and payments in respect of such policies from the 31st day of December, 1955, up to the date of the order. 36 ----- (5) Every order made by the Central Government under this section shall be carried out by the Corporation in such manner as the Central Government may direct. **36. Contracts of chief agents and special agents to terminate.—Notwithstanding anything** contained in the Insurance Act or in any other law for the time being in force every contract appertaining to controlled business subsisting immediately before the appointed day,— (a) between an insurer and his chief agent or between an insurer and a special agent; or (b) between the chief agent of an insurer and a special agent; shall, as from the appointed day, cease to have effect and all rights accruing to the chief agent or the special agent under any such contract shall terminate on that day: Provided that in every such case compensation shall be given by the Corporation to the chief agent or the special agent, as the case may be, in accordance with the principles contained in the Third Schedule, and the provisions of sub-section (2) of section 16 shall, so far as may be, apply in every such case. **37. Policies to be guaranteed by Central Government.—The sums assured by all policies issued by** the Corporation including any bonuses declared in respect thereof and, subject to the provisions contained in section 14 the amounts assured by all policies issued by any insurer the liabilities under which have vested in the Corporation under this Act, and all bonuses declared in respect thereof, whether before or after the appointed day, shall be guaranteed as to payment in cash by the Central Government. 1[Provided that the Corporation shall endeavour that its funds are invested in the attractive schemes formulated by it to ensure increased bonus to policyholders while having least investment risk so as to enable the Corporation to play a greater role in economic enrichment of the masses while maintaining its position as a leading player in the market.] **38. Liquidation of Corporation.—No provision of law relating to the winding up of companies or** corporations shall apply to the corporation established under this Act, and the Corporation shall not be placed in liquidation save by order of the Central Government and in such manner as that Government may direct. **39. Special provisions for winding up of certain insurers.—Where any insurer being a company** (other than a composite insurer) whose controlled business has been transferred to and vested in the Corporation under this Act has in accordance with the provisions of this Act collected and distributed any moneys paid to him by the Corporation by way of compensation or otherwise and has also complied with any direction given to him by the Corporation for the purpose of securing that the ownership of any property or any right is effectively transferred to the Corporation, the Central Government may on application being made to it in this behalf by such insurer grant a certificate to the insurer that there is no reason for the continued existence of the insurer and where such a certificate has been granted shall cause the certificate to be published in the Official Gazette and upon the publication thereof the insurer shall be dissolved. **40. Penalty for withholding property, etc.—If any person wilfully withholds or fails to deliver to** the Corporation as required by section 13, any property or any books, documents or other papers which may be in his possession or unlawfully retains possession of any property of an insurer which has been transferred to and vested in the Corporation under this Act or wilfully applies any such property to purposes other than those expressed in or authorised by this Act, he shall, on the complaint of the Corporation, be punishable with imprisonment which may extent to one year, or with fine which may extend to one thousand rupees, or with both. **41. Tribunal to have exclusive jurisdiction in certain matters.—No civil court shall have** jurisdiction to entertain or adjudicate upon any matter which a Tribunal is empowered to decide or determine under this Act. **42. Enforcement of decisions of Tribunals.—Any decision of a Tribunal may be enforced in any** civil court within the local limits of whose jurisdiction the person against whom the decision is to be 1. The proviso ins. by Act 8 of 2012, s. 6 (w.e.f. 31-3-2012). 37 ----- enforced actually and voluntarily resides or carries on business or personally works for gain or owns any property, as if it were a decree passed by that court. **43. Application of the Insurance Act.—(1) The following sections of the Insurance Act shall, so far** as may be, apply to the Corporation as they apply to any other insurer, namely:— Sections 2, 2B, 3, 18, 26, 33, 38, 39, 41, 45, 46, 47A, 50, 51, 52, 110A, 110B, 110C, 119, 121, 122 and 123. (2) The Central Government shall as soon as may be after the commencement of this Act, by notification in the Official Gazette, direct that the following sections of the Insurance Act shall apply to the Corporation subject to such conditions and modifications as may be specified in the notification, namely:— Sections 2D, 10, 11, 13, 14, 15, 20, 21, 22, 23, 25, 27A, 28A, 35, 36, 37, 40, 40A, 40B, 43, 44, 102 to 106, 107 to 110, 111, 113, 114 and 116A. 1[(2A) Section 42 of the Insurance Act shall have effect in relation to the issue to any individual of a licence to act as an agent for the purpose of soliciting or procuring life insurance business for the Corporation as if the reference to an officer authorised by the [2][Authority] in this behalf in sub-section (1) thereof included a reference to an officer of the Corporation authorised by the [2][Authority] in this behalf.] (3) The Central Government may, be notification in the Official Gazette, direct that all or any of the provision of the Insurance Act other than those specified in sub-section (1) or sub-section (2), shall apply to the Corporation subject to such conditions and modifications as may be specified in the notification. (4) Every notification issued under sub-section (2) or sub-section (3) shall be laid for not less than thirty days before both Houses of Parliament as soon as possible after it is issued, and shall be subject to such modifications as Parliament may make during the session in which it is so laid or the session immediately following. (5) Save as provided in this section, nothing contained in the Insurance Act shall apply to the Corporation. **43A. [Deduction of income-tax not to be made on interest or dividend.]** _Omitted by the Finance_ _Act, 2002 (20 of 2002), s. 157 (w.e.f. 1-6-2002)._ **44. Act not to apply in certain cases.—Nothing contained in this Act shall apply in relation to—** (a) any insurer whose business is being voluntarily wound up or is being wound up under the orders of the Court; (b) any insurer to whom the Insurance Act does not apply by reason of the provisions contained in section 2E thereof; 3[Provided that nothing contained in this clause shall apply on and from the date on which the provisions contained in section 2E of the Insurance Act, 1938 (4 of 1938) shall cease to operate.] (c) any composite insurer in respect of the management of whose affairs an Administrator has been appointed under section 52A of the Insurance Act; (d) the scheme run by the Central Government known as the Post Office Life Insurance Fund; (e) any approved superannuation fund as defined in clause (a) of section 58N of the Indian Income-tax Act, 1922 (11 of 1922), which is in existence on the appointed day; (f) any scheme in existence on the appointed day or any scheme framed after the appointed day with the approval of the Central Government whereby, in consideration of certain compulsory deductions made by Government from the salaries of its employees as part of the conditions of 1. Ins. by Act 17 of 1957, s. 3 (w.e.f. 6-6-1957). 2. Subs. by Act 41 of 1999, s. 1, for “Controller” (w.e.f. 19-4-2000). 3. The proviso ins. by Act 8 of 2012, s. 7 (w.e.f. 31-3-2012). 38 ----- service, the payment of money is assured by Government on the death of the employee concerned or on the happening of any contingency dependent on his life. 1[(g) any Family Pension Scheme Framed under the Coal Mines Provident Fund, Family Pension and Bonus Schemes Act, 1948 (46 of 1948), or the Employees Provident Funds and Family Pension Fund Act, 1952 (19 of 1952), for the purpose of providing family pension and life assurance benefits to the employees covered by the said Scheme.] 2[45. Special provisions regarding transfer of controlled business of certain composite **insurer.—Notwithstanding anything contained in clause (c) of section 44, the Central Government may,** by notification in the Official Gazette, direct that on and with effect from such date as may be specified in the notification the assets and liabilities appertaining to the controlled business of a composite insurer in respect of the management of whose affairs an Administrator has been appointed under section 52A of the Insurance Act shall be transferred to the vested in the Corporation, and on the issue of such a notification the provisions of this Act shall, so far as may be, apply in relation to such insurer and to the transfer and vesting of the assets and liabilities of his controlled business in the Corporation as they apply in relation to all other insurers and to the transfer and vesting of assets and liabilities of their controlled business in the Corporation, subject to the modification that references in this Act to the appointed day shall be construed as references to the day specified in the notification.] 3[46. Defects in constitution of Corporation or Committees or in appointment or nomination of **directors not to invalidate acts or proceedings.—(1) No act or proceeding of the Corporation or of its** Board or any Committee thereof shall be called in question on the ground merely of the existence of any vacancy or defect in the constitution of the Corporation or the Board or such Committee, as the case may be. (2) No act done by an individual as a director shall be deemed to be invalid, notwithstanding that it was subsequently noticed that his appointment or nomination, as the case may be, was invalid by reason of any defect or disqualification or had terminated by virtue of any provision contained in this Act: Provided that nothing in this sub-section shall be deemed to give validity to any act done by such individual as director after his appointment or nomination, as the case may be, has been noticed by the Corporation to be invalid or to have terminated. **47. Protection of action taken under this Act.—(1) No suit, prosecution or other legal proceeding** shall lie against any director or employee of the Corporation for anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or regulations made thereunder. (2) A director who is not a whole-time director shall be held liable only in respect of such acts of omission or commission of the Corporation which had occurred with his knowledge, attributable through Board processes, and with his consent or connivance or where he had not acted diligently. _Explanation.—For the purposes of this sub-section, the reference to “Board” shall include_ Committees of the Board.] **48. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette** make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the term of office and the conditions of service of [4][directors]; 5[(aa) the manner of disclosure of interest by a director under section 4B; 1. Ins. by Act 16 of 1971, s. 31 and the Third Schedule (w.e.f. 23-4-1971). 2. Ins. by Act 17 of 1957, s. 4 (w.e.f. 6-6-1957). 3. Subs. by Act 13 of 2021, s. 143, sections 46 and 47 (w.e.f. 30-6-2021). 4. Subs. by s. 144, ibid., for “members” (w.e.f. 30-6-2021). 5. Subs. by s.144, ibid., for clause (aa) (w.e.f. 30-6-2021). 39 ----- (ab) the conditions subject to which the Board may consent to related party transactions under section 4C; (ac) the securities and instruments which may be issued under section 5; (ad) the manner of reservation in favour of life insurance policyholders and allotment against such reservation, in relation to a public issue, under clause (a) of sub-section (9) of section 5;] (b) the manner in which the moneys and other assets belonging to any such fund as is referred to in section 8 shall be apportioned between the trustees of the fund and the Corporation; (c) the services which the chief agent should have rendered for the purpose of the proviso to section 12; 1[(cc) the terms and conditions of service of the employees 2*** of the Corporation, including those who became employees [2]*** of the Corporation on the appointed day under this Act;] (d) the jurisdiction of the Tribunals constituted under section 17; (e) the manner in which, and the persons to whom, any compensation under this Act may be paid; (f) the time within which any matter which may be referred to a Tribunal for decision under this Act may be so referred; (g) the manner in which and the conditions subject to which investments may be made by the Corporation; (h) the manner in which an Employees and Agents Relations Committee may be constituted for each zonal office; 3[(ha) the manner in which general meetings shall be held, and the business to be transacted and procedure to be followed thereat; (hb) the quorum for a general meeting, and the manner of holding the meeting if it could not be held for want of quorum and was adjourned under section 23A; (hc) the manner in which persons may attend a general meeting and exercise their vote; (hd) the manner in which notices may be served on behalf of the Corporation upon members or other persons; (he) the form and manner in which the financial statements referred to in sub-section (8) of section 24B may be issued, circulated or published; (hf) matters that may be prescribed under clause (n) of sub-section (1) of section 24C; (hg) the manner and procedure of selection and conditions of appointment of auditors under sub section (1) of section 25; (hh) the form in which an auditor who has resigned shall indicate the reasons and other facts relevant to the resignation under sub-section (2) of section 25A; (hi) the matters to be prescribed under clause (j) of sub-section (3) of section 25B; (hj) the duties and powers of the Corporation’s auditor with reference to the audit of a branch or office of the Corporation and the auditor thereof, under sub-section (6) of section 25B; (hk) the details, procedure and documents under sub-section (6) of section 28C.] (i) the form in which the report giving an account of the activities of the Corporation shall be prepared; (j) the conditions subject to which the Corporation may appoint employees; (k) the fees payable under this Act and the manner in which they are to be collected; 1. Ins. by Act 1 of 1981, s. 2 (w.e.f. 20-6-1979). 2. The words “and agents” omitted by Act 8 of 2012, s. 8 (w.e.f. 31-3-2012). 3. Ins. by Act 13 of 2021, s. 144 (w.e.f. 30-6-2021). 40 ----- (l) any other matter which has to be or may be prescribed; 1[(2A) The regulations and other provisions as in force immediately before the commencement of the Life Insurance Corporation (Amendment) Act, 1981, with respect to the terms and conditions of service of employees and agents of the Corporation including those who became employees and agents of the Corporation on the appointed day under this Act, shall be deemed to be rules made under clause (cc) of sub-section (2) and shall, subject to the other provisions of this section, have effect accordingly. (2B) The power to make rules conferred by clause (cc) of sub-section (2) shall include— (i) the power to give retrospective effect to such rules; and (ii) the power to amend by way of addition, variation or repeal, the regulations and other provision refereed to in sub-section (2A), with retrospective effect, from a date not earlier than the twentieth day of June, 1979. (2C) The provisions of clause (cc) of sub-section (2) and sub-section (2B) and any rules made under the said clause (cc) shall have effect, and any such rule made with retrospective effect from any date shall also be deemed to have had effect from that date, notwithstanding any judgement, decree or order of any court, tribunal or other authority and notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or any other law or any agreement, settlement, award or other instrument for the time being in force.] 2[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything preciously done under that rule.] **49. Power to make regulations.—(1) The** [3][Board] may, with the previous approval of the Central Government, by notification in the Gazette of India, make regulations not inconsistent with this Act and the rules made thereunder to provide for all matters for which provision is expedient for the purpose of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for— (a) the powers and functions of the [3][Board] which may be delegated to the Zonal Managers; 4[(b) the method of recruitment of employees and agents of the Corporation and the terms and conditions of the agents;] 5* * * * * 6* - - - (d) the territorial limits of each zone established under this Act and the business to be transacted in each Zone; (e) the manner in which the [7][fund or funds] of the Corporation shall be maintained; (f) the maintenance of separate funds and accounts at each of the zonal offices; 1. Ins. by Act 1 of 1981, s. 2 (w.e.f. 31-1-1981). 2. Subs. by Act 52 of 1975, s. 43, for sub-section (3) (w.e.f. 16-2-1976). 3. Subs. by Act 13 of 2021, s. 145, for “Corporation” (w.e.f. 30-6-2021). 4. Subs. by Act 8 of 2012, s. 9, for clause (b) (w.e.f. 31-3-2012). 5. Clause (bb) omitted by Act 1 of 1981, s. 3 (w.e.f. 31-1-1981). 6. Clause (c) omitted by Act 13 of 2021, s. 145 (w.e.f. 30-6-2021). 7. Subs. by s. 145, ibid., for “Fund” (w.e.f. 30-6-2021). 41 ----- (g) the jurisdiction of each divisional office and the establishment of Councils representative of policy-holders in each area served by a divisional office for the purpose of advising the divisional office in respect of any matter which may be referred to it; 1[(h) the manner in which meetings of the Board and its Committees shall be held, the business to be transacted and procedure to be followed thereat, and the quorum therefor;] 2* * * * * 3* * * * * (k) the classification of policies, whether issued by the Corporation or by any insurer whose controlled business has been transferred to and vested in the Corporation, for the purposes of declaring differential bonuses, wherever necessary; (l) the manner in which and the intervals within which the accounts of the various zonal offices, divisional offices and branch offices may be inspected and their accounts audited, (m) the conditions subject to which any payment may be made by the Corporation. 4[(n) the manner of election of directors under clause (f) of sub-section (2) of section 4; (o) the form and manner of registers to be kept and maintained under sub-section (1) of section 5B; (p) the manner of nomination by an individual registered member or joint holder of shares, the manner of variation or cancellation of such nomination, and the manner of nomination in favour of a minor, under section 5E; (q) the manner in which and the conditions subject to which shares, including partly paid-up shares, may be issued, held, transferred and registered; (r) the maintenance and operation of the funds and reserves under section 24; (s) the form and manner in which the books and records referred to in section 24A may be kept;] 4[(2A) Any reference in the regulations as in force immediately before the coming into force of section 132 of the Finance Act, 2021 to “Investment Committee” shall be construed as a reference to the Investment Committee of the Board referred to in section 19A.] 5[(3) Every regulation made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation]. **6[50. Form, manner, etc., for companies to apply with modifications.—Where this Act provides** that the form or manner or period or details in respect of any declaration to be made or the particulars to be included in any register to be maintained shall be such as may be prescribed for a company under the Companies Act, such prescribed form or manner or period or details or particulars, as the case may be, shall apply subject to such modifications, exceptions and conditions that the Central Government may, by notification, specify. 1. Subs. by Act 13 of 2021, s. 145, for clause (h) (w.e.f. 30-6-2021). 2. Clause (i) omitted by s. 145, ibid. (w.e.f. 30-6-2021). 3. Omitted by Act 8 of 2012, s. 9 (w.e.f. 31-3-2012). 4. Ins. by Act 13 of 2021, s. 145 (w.e.f. 30-6-2021). 5. Ins. by Act 1 of 1981, s. 3 (w.e.f. 31-1-1981). 6. Ins. by Act 13 of 2021, s. 146 (w.e.f. 30-6-2021). 42 ----- **51. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act as amended by Part III of Chapter VI of the Finance Act, 2021, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of Part III of Chapter VI of the Finance Act, 2021. (2) Every order made under this section shall, as soon as may be after it is made, be laid on the table of each House of Parliament.] 43 ----- THE FIRST SCHEDULE (See section 16) PRINCIPLES FOR DETERMINING COMPENSATION PART A The compensation to be given by the Corporation to an insurer having a share capital on which dividend or bonus is payable, who has allocated as bonus to policy-holders the whole or any part of the surplus as disclosed in the abstracts prepared in accordance with Part II of the Fourth Schedule to the Insurance Act in respect of the last actuarial investigation relating to his controlled business as at a date earlier than the 1st day of January, 1955, shall be computed in accordance with the provisions contained in paragraph 1 or paragraph 2, whichever is more advantageous to the insurer. _Paragraph 1.—Twenty times the annual average of the share of the surplus allocated to_ share-holders as disclosed in the abstracts aforesaid in respect of the relevant actuarial investigations multiplied by a figure which represents the proportion that the average business in force during the calendar years 1950 to 1955 bears to the average business in force during the calendar years comprised in the period between the date as at which the actuarial investigation immediately preceding the earliest of the relevant actuarial investigations was made and the date as at which the last of such investigations was made. _Paragraph 2.—Half the amount payable under paragraph 1 plus the paid-up capital or assets_ equivalent thereto, or, in the case of a composite insurer, that part of the paid-up capital or assets equivalent thereto which has or been transferred to and vested in the Corporation under this Act less the amount, if any of expenses or losses or both capitalised by the insurer for the purposes of Form A in the First Schedule to the Insurance Act. _Explanation 1.—For the purposes of paragraph 1,—_ (a) “relevant actuarial investigations” means such minimum number of latest actuarial investigations as at dates earlier than the 1st day of January, 1955 (not being less than two in any case), as would leave the period intervening between the date as at which the actuarial investigation immediately preceding the first of such investigations was made and the date as at which the last of such investigations was made, to be not less than four years; (b) “average business in force” means the average of total sums assured by the insurer (including any bonus) in respect of his controlled business as on the 31st day of December of each of the relevant calendar years. _Explanation_ 2.—For the purposes of paragraph 1, where an insurer has allocated to share-holders more than 5 per cent, of any such surplus as is referred to therein, the insurer shall be deemed to have allocated only 5 per cent, of the surplus and where an insurer has not allocated any such surplus to share-holders or has allocated to share-holders less than 31/2 per cent, of any such surplus, the insurer shall be deemed to have allocated 31/2 per cent, of the surplus. _Explanation 3.—In the case of any insurer incorporated outside India, the annual average of the share_ of the surplus allocated to share-holders for the purposes of paragraph 1 shall be deemed to be the annual average of the surplus as disclosed in the abstracts prepared in accordance with Part II of the Fourth Schedule to the Insurance Act in respect of the relevant actuarial investigations multiplied by a figure which is the average of the two figures mentioned below:— (i) a figure representing the proportion which the share allocated to share-holders out of the surplus in respect of the world business of the insurer (such share being computed subject to the provisions of Explanation 2) bears to the whole of such surplus as ascertained with reference to the last actuarial investigation relating to such business as at a date earlier than the 1st day of January, 1955; and 44 ----- (ii) a figure representing the proportion which the share allocated to share-holders out of the surplus in respect of the world business of the insurer (such share being computed subject to the provisions of Explanation 2) bears to the whole of such surplus as ascertained with reference to the actuarial investigation relating to such business immediately preceding the actuarial investigation referred to in clause (i): Provided that in the case of any such insurer in respect of whom an order has been made under section 35 the amount computed as follows shall be deemed to be the annual average of the surplus:— (a) there shall be deducted from the annual average of the surplus, interest at 31/2 per cent. per annum for one year calculated on the assets specified in any order made under sub-section (2) of section 35; (b) with respect to the balance arrived at under clause (a), there shall be computed an amount that bears the same proportion to the said balance as the liability on policies appertaining to the controlled business of the insurer, other than those expressed in any foreign currency issued on the lives of persons who are citizens of India, bears to the liability in respect of all policies appertaining to such business, the liabilities on policies being computed as at the 31st day of December, 1955, in accordance with the provisions contained in clause (b) of the Second Schedule: Provided further that— (a) in any case where the order made under section 35 is with reference to sub-section (2) only, the preceding proviso shall have effect as if clause (b) had been omitted therefrom; and (b) in any case where the order made under section 35 is with reference to sub-section (3) only, the preceding proviso shall have effect as if— (i) clause (a) has been omitted; (ii) in clause (b), the words, brackets and letter “with respect to the balance arrived at under clause (a)” had been omitted; for the words “the said balance” the words “annual average of the surplus” had been substituted; and for the words, brackets and letter “with the provisions contained in clause (b) of”, the words and letter “with method a specified in” had been substituted. _Explanation_ 4.—Where an insurer incorporated outside India whose paid-up capital is outside India— (a) the provisions contained in paragraph 1 shall have effect as if the words “less a sum equal to that part of the paid-up capital of the insurer as may be determined by the Central Government to be allocable to the controlled business of the insurer” were inserted at the end of that paragraph; and (b) the provisions contained in paragraph 2 shall have effect as if,— (i) the words “without making the deduction referred to in clause (a) of Explanation 4” had been inserted after the words “half the amount payable under paragraph 1”; and (ii) the words beginning with “plus the paid-up capital” and ending with “in the First Schedule to the Insurance Act” had been omitted. PART B The compensation to be given by the Corporation to an insurer having a share capital on which dividend or bonus is payable who has not made any such allocation as is referred to in Part A in respect of the last actuarial investigation as at a date earlier than the 1st day of January, 1955, shall be an amount equal to the value of the assets of the insurer appertaining to his controlled business in existence, on the 19th day of January, 1956, computed as at that date in accordance with the provisions of paragraph 3 less the amount of liabilities of the insurer appertaining to such business in existence on the 19th day of January, 1956, computed as at that date in accordance with the provisions of paragraph 4. 45 ----- _Paragraph 3.—Assets.—(a) The market value of any land or buildings._ (b) The market value of any shares, securities or other investments held by the insurer. (c) The total amount of the premiums paid by the insurer in respect of all leasehold properties reduced in the case of each such premium by an amount which bears to such premium the same proportion as the expired term of the lease in respect of which such premium shall have been paid bears to the total term of the lease. (d) The amount of debts due to the insurer, whether secured or unsecured, to the extent to which they are reasonably considered to be recoverable. (e) The amount of premiums which have fallen due to the insurer on policies of life Insurance but have not been paid and the days of grace for payment of which have not expired. (f) The amount of cash held by the insurer whether in deposit with a bank or otherwise. (g) The value of all tangible assets other than those falling within any of the preceding clauses. _Paragraph 4.—Liabilities.—(a)_ The total amount of liabilities of the insurer to holders of policies in respect of his controlled business on account of matured claims on which payment has to be made. (b) The total amount of liabilities of the insurer to holders of policies in respect of his controlled business which have not matured for payment, the liabilities in respect thereof being calculated on the following actuarial bases:— (i) in respect of whole-life assurances and endowment assurances, the mortality table to be used shall be the Oriental (25-35) ultimate mortality table, and an interest rate of 31/4 per cent. per annum shall be assumed and for expenses 20 per cent. of office premiums in the case of with-profit policies and 15 per cent. of office premiums in the case of non-profit policies shall be reserved; (ii) in respect of other policies such actuarial bases determined by the actuary making the valuation as may be consistent with the basis specified in clause (i); and (iii) in determining the liabilities of insurers under clause (b) the actuary shall make all the usual provisions and reserves as are ordinarily done in such cases. (c) The total amount of all other liabilities of the insurer. (d) Where, as a result of the actuarial valuation of policy liabilities made under clause, (b) the life insurance fund is shown to be in surplus, a sum equal to 96 per cent of such surplus shall be deemed to be a liability under this paragraph. _Explanation.—For the purposes of this Part, in the case of an insurer incorporated outside India in_ respect whom an order under section 35 has been made, the assets or the assets and liabilities as the case may be, specified in the order shall be excluded. _Paragraph 5.—If the insurer to whom compensation is to be given under this part is a displaced_ insurer, the compensation to be given shall be computed in accordance with following provisions:— _Firstly, there shall be ascertained the losses incurred by the displaced insurer in respect of claims_ arising by deaths established by the displaced insurer to have been caused by the civil disturbances which took place on the occasion of the setting up of the Dominions of India and Pakistan, the total loss being taken as the difference between the amounts paid as claims in respect of such deaths and the total amount of the actuarial reserve in respect of the relevant policies; _Secondly, there shall be ascertained the difference between the market value as at the 15th day of_ August 1947, of any immovable property in West Pakistan belonging to the displaced insurer and the market value thereof determined under Paragraph 3 of this part, or, where any such immovable property has been sold before the 19th day of January, 1956, the difference between the market value thereof as at the 15th day of August 1947, and the sale price; 46 ----- _Thirdly, there shall be ascertained the amount of deposits held by the displaced insurer in banks which_ could not be withdrawn on account of a moratorium declared under any law for the time being in force, to the extent to which such deposits have become losses; _Fourthly, there shall be ascertained the difference between the market value as at the 15th day of_ August, 1947, of any shares in any company now carrying on business in West Pakistan held by the displaced insurer and which had been acquired before the 15th day of August, 1947, and the market value of such shares as at the 19th day of January, 1956. The amount of compensation to be given to the displaced insurer under this part shall be— (a) the amount which would have to be given to him if this Paragraph had not been enacted, plus (b) an amount which represents one-half of the difference between the compensation which would have to be given to him if to the value of the assets referred to in Paragraph 3 there had been added the sum of the four items referred to in this Paragraph and with respect to the liabilities referred to in Paragraph 4, the life insurance fund had been increased by a like sum, and the compensation which would have to be given to him if this Paragraph had not been enacted. Or one half of the paid-up capital of the displaced insurer whichever is less. _Explanation.—For the purposes of this Paragraph “displaced insurer” means an insurance company_ whose registered office during any part of the year 1947 was in any area now forming part of West Pakistan and whose registered office is now in India. PART C The compensation to be given by the Corporation to an insurer— (a) having no share capital; or (b) having a share capital on which a dividend or bonus is not payable; shall be in the form of an addition at the rate of rupee one per thousand in respect of the sum assured (excluding bonuses) under each with-profit policy, and in the case of an insurer falling under clause (b), such compensation shall also include a sum equivalent to the paid-up capital of the insurer to be paid to him. 47 ----- THE SECOND SCHEDULE (See section 35) PRINCIPLES FOR DETERMINING THE VALUE OF LIABILITIES IN CERTAIN CASES The total amount of the liabilities of an insurer incorporated outside India for the purposes of sub-section (2) of section 35 shall be the sum of the amounts computed in accordance with the following provisions:— (a) the total amount of liabilities of the insurer to holders of policies in respect of his controlled business on account of matured claims on which payment has to be made; (b) the total amount of liabilities of the insurer to holders of policies in respect of his controlled business which have not matured for payment, the liabilities in respect thereof being the liabilities calculated in accordance with method B below or the mean of the liabilities calculated in accordance with method A and method B below, whichever is greater. _Method A.—Actuarial liability calculated on the same bases as adopted by the insurer at the last_ actuarial investigation as at a date earlier than the 1st of January, 1955. _Method B.—Actuarial liability calculated on the methods known as the modified net premium method_ of valuation, the mortality table to be used being the Oriental (25-35) ultimate mortality table, an interest rate of 21/2 per cent. per annum being assumed and the allowance for first year expenses being Rs.40 per thousand rupees of the sum assured by the policy. _Explanation 1.—Before ascertaining the liability under method A and method B, there shall be added_ to each with-profit policy in force on the 31st day of December, 1955 (unless such addition has already been made) bonus at the same rate as declared at the said last actuarial investigation in respect of each year or part of a year the policy had been in force since the date as at which the said last actuarial investigation was made. _Explanation 2.—In calculating the liabilities in accordance with method A or method B,—_ (i) in respect of policies other than whole-life assurance and endowment assurance, such actuarial basis determined by the actuary making the valuation as may be consistent with the basis specified in the method shall be employed; and (ii) the actuary shall make all the usual provisions and reserves as are ordinarily done in such cases; (c) the total amount of all other liabilities of the insurer. 48 ----- THE THIRD SCHEDULE (See section 36) PRINCIPLES FOR DETERMINING COMPENSATION PAYABLE TO CHIEF AGENTS The compensation payable to a chief agent shall consist of seventy-five per cent, of the overriding commission specified in the contract relating to chief agency with the insurer on the renewal premiums received by the Corporation during a period of ten years from the appointed day in respect of the business procured by the chief agent before the appointed day; and such compensation shall be determined and paid annually for the said period. PRINCIPLES FOR DETERMINING COMPENSATION PAYABLE TO SPECIAL AGENTS The compensation payable to a special agent shall consist of one eighth of his annual average earnings during the period beginning on the 1st day of January, 1952, and ending on the 31st day of December, 1955, in the form of overriding commissions in respect of business procured by him through insurance agents. 49 -----

25-Aug-1956

32

The Hindu Minority and Guardianship Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1649/1/195632.pdf

central

THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956 ___________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title and extent. 2. Act to be supplemental to Act 8 of 1890. 3. Application of Act. 4. Definitions. 5. Over-riding effect of Act. 6. Natural guardians of a Hindu minor. 7. Natural guardianship of adopted son. 8. Powers of natural guardian. 9. Testamentary guardians and their powers. 10. Incapacity of minor to act as guardian of property. 11. _De facto guardian not to deal with minor’s property._ 12. Guardian not to be appointed for minors undivided interest in joint family property. 13. Welfare of minor to be paramount consideration. 1 ----- THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956 ACT NO. 32 OF 1956 [25th August, 1956.] # An Act to amend and codify certain parts of the law relating to minority and guardianship among Hindus. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the Hindu Minority and Guardianship Act,** 1956. (2) It extends to the whole of India [1]*** and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories. **2. Act to be supplemental to Act 8 of 1890.—The provisions of this Act shall be in addition to, and** not, save as hereinafter expressly provided, in derogation of, the Guardians and Wards Act, 1890 (8 of 1890). **3. Application of Act.—(1) This Act applies,—** (a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj; (b) to any person who is a Buddhist, Jain or Sikh by religion, and (c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. _Explanation.—The following persons are Hindus, Buddhists, Jains, or Sikhs by religion, as the case_ may be:— (i) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains or Sikhs by religion; (ii) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jain or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and (iii) any person who is convert or re-convert to the Hindu, Buddhist, Jain or Sikh religion. (2) Notwithstanding anything contained in sub-section (1) nothing contained in this Act shall apply to the members of any scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs. 2[(2A) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the Renoncants of the Union Territory of Pondicherry.] (3) The expression “Hindu”, in any provision of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section. **4. Definitions.—In this Act,—** (a) “minor” means a person who has not completed the age of eighteen years; (b) “guardian” means a person having the care of the person of a minor or of his property or of both his person and property, and includes— 1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-102019). 2. Ins. by Act 26 of 1968, s. 3(1) and the Schedule (w.e.f. 24-5-1968). 2 ----- (i) a natural guardian, (ii) a guardian appointed by the will of the minor’s father or mother, (iii) a guardian appointed or declared by a court, and (iv) a person empowered to act as such by or under any enactment relating to any Court of wards. (c) “natural guardian” means any of the guardians mentioned in section 6. **5. Over-riding effect of Act.—Save as otherwise expressly provided in this Act,—** (a) any text, rule or interpretation of Hindu Law or any custom or usage as part of that law in force immediately before the commencement of this Act Shall cease to have effect with respect to any matter for which provision is made in this Act. (b) any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act. **6. Natural guardians of a Hindu minor.—The natural guardians of a Hindu minor; in respect of the** minor's person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are— (a) in the case of a boy or an unmarried girl—the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother; (b) in the case of an illegitimate boy or an illegitimate unmarried girl—the mother, and after her, the father; (c) in the case of a married girl—the husband: Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section— (a) if he has ceased to be a Hindu, or (b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi). _Explanation.—In this section, the expressions “father” and “mother” do not include a step-father and_ a step-mother. **7. Natural guardianship of adopted son.—The natural guardianship of an adopted son who is a** minor passes, on adoption, to the adoptive father and after him to the adoptive mother. **8. Powers of natural guardian.—(1) The natural guardian of a Hindu minor has power, subject to** the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant. (2) The natural guardian shall not, without the previous permission of the court,— (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or (b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority. (3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming under him. (4) No court shall grant permission to the natural guardian to do any of the acts mentioned in subsection (2) except in case of necessity or for an evident advantage to the minor. 3 ----- (5) The Guardians and Wards Act, 1890 (8 of 1890), shall apply to and in respect of an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under section 29 of that Act, and in particular— (a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of section 4A thereof; (b) the court shall observe the procedure and have the powers specified in sub-sections (2), (3) and (4) of section 31 of that Act; and (c) an appeal shall lie from an order of the court refusing permission to the natural guardian to do any of the Acts mentioned in sub-section (2) of this section to the court to which appeals ordinarily lie from the decisions of that court. (6) In this section, “Court” means the city civil court or a district court or a court empowered under section 4A of the Guardians and Wards Act, 1890 (8 of 1890), within the local limits of whose jurisdiction the immovable property in respect of which the application is made is situate, and where the immovable property is situate within the jurisdiction of more than one such court, means the court within the local limits of whose jurisdiction any portion of the property is situate. **9. Testamentary guardians and their powers.—(1) A Hindu father entitled to act as the natural** guardian of his minor legitimate children may, by will appoint a guardian for any of them in respect of the minor’s person or in respect of the minor’s property (other than the undivided interest referred to in section 12) or in respect of both. (2) An appointment made under sub-section (1) shall have no effect if the father predeceases the mother, but shall revive if the mother dies without appointing, by will, any person as guardian. (3) A Hindu widow entitled to act as the natural guardian of her minor legitimate children, and a Hindu mother entitled to act as the natural guardian of her minor legitimate children by reason of the fact that the father has become disentitled to act as such, may, by will, appoint a guardian for any of them in respect of the minor’s person or in respect of the minor’s property (other than the undivided interest referred to in section 12) or in respect of both. (4) A Hindu mother entitled to act as the natural guardian of her minor illegitimate children may; by will, appoint a guardian for any of them in respect of the minor’s person or in respect of the minor's property or in respect of both. (5) The guardian so appointed by will has the right to act as the minor’s guardian after the death of the minor’s father or mother, as the case may be, and to exercise all the rights of a natural guardian under this Act to such extent and subject to such restrictions, if any, as are specified in this Act and in the will. (6) The right of the guardian so appointed by will shall, where the minor is a girl, cease on her marriage. **10. Incapacity of minor to act as guardian of property.—A minor shall be incompetent to act as** guardian of the property of any minor. **11. De facto guardian not to deal with minor’s property.—After the commencement of this Act,** no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor. **12. Guardian not to be appointed for minors undivided interest in joint family property.—** Where a minor has an undivided interest in joint family property and the property is under the management of an adult member of the family, no guardian shall be appointed for the minor in respect of such undivided interest: Provided that nothing in this section shall be deemed to affect the jurisdiction of a High Court to appoint a guardian in respect of such interest. **13. Welfare of minor to be paramount consideration.—(1) In the appointment of declaration of** any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration. (2) No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor. 4 -----

28-Aug-1956

33

The Inter-State River Water Disputes Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1664/3/A1956-33.pdf

central

# THE INTER-STATE RIVER WATER DISPUTES ACT, 1956 __________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title and extent. 2. Definitions. 3. Complaints by State Governments as to water disputes. 4. Constitution of Tribunal. 5. Adjudication of water disputes. 5A. Filling of vacancies. 6. Publication of decision of Tribunal. 6A. Power to make schemes to implement decision of Tribunal. 7. Prohibition of levy of seigniorage, etc. 8. Bar of reference of certain disputes to Tribunal. 9. Powers of Tribunal. 9A. maintenance of date bank and information. 10. Allowances or fees for presiding officer of Tribunal and assessors. 11. Bar of jurisdiction of Supreme Court and other courts. 12. Dissolution of Tribunal. 13. Power to make rules. 14. Constitution of Ravi and Beas Waters Tribunal. 1 ----- # THE INTER-STATE RIVER WATER DISPUTES ACT, 1956 # ACT NO. 33 OF 1956[1] [28th August, 1956.] # An Act to provide for the adjudication of disputes relating to waters of inter-State rivers and river valleys. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:— # 1. Short title and extent.—(1) This Act may be called the[2][Inter-State River] Water Disputes Act, 1956. (2) It extends to the whole of India. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “prescribed” means prescribed by rules made under this Act; (b) “Tribunal” means a Water Disputes Tribunal constituted under section 4; (c) “water dispute” means any dispute or difference between two or more State Governments with respect to— (i) the use, distribution or control of the waters of, or in, any inter-State river or river valley; or (ii) the interpretation of the terms of any agreement relating to the use, distribution or control of such waters or the implementation of such agreement; or (iii) the levy of any water rate in contravention of the prohibition contained in section 7. **3. Complaints by State Governments as to water disputes.—If it appears to the Government of** any State that a water dispute with the Government of another State has arisen or is likely to arise by reason of the fact that the interests of the State, or of any of the inhabitants thereof, in the waters of an inter-State river or river valley have been, or are likely to be, affected prejudicially by— (a) any executive action or legislation taken or passed, or proposed to be taken or passed, by the other State; or (b) the failure of the other State or any authority therein to exercise any of their powers with respect to the use, distribution or control of such waters; or (c) the failure of the other State to implement the terms of any agreement relating to the use, distribution or control of such waters, the State Government may, in such form and manner as may be prescribed, request the Central Government to refer the water dispute to a Tribunal for adjudication. **4. Constitution of Tribunal.—[3][(1) When any request under section 3 is received from any State** Government in respect of any water dispute and the Central Government is of opinion that the water dispute cannot be settled by negotiations, the Central Government shall, within a period not exceeding one year from the date of receipt of such request, by notification in the Official Gazette, constitute a Water Disputes Tribunal for the adjudication of the water dispute: Provided that any dispute settled by a Tribunal before the commencement of the Inter-State Water Disputes (Amendment) Act, 2002 (14 of 2000) shall not be re-opened.] 1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule and to Pondicherry by Reg. 7 of 1973, s. 3 and First Schedule. The Act comes into force in Pondicherry on 1-10-1963 vide Reg. 7 of 1963, s. 3 and First Schedule. 2. Subs. by Act 14 of 2002, s. 2, for “Inter-State” (w.e.f. 28-3-2002). 3. Subs. by s. 3, ibid., for sub-section (1) (w.e.f. 28-3-2002). 2 ----- 1[(2) The Tribunal shall consist of a Chairman and two other members nominated in this behalf by the Chief Justice of India from among persons who at the time of such nomination are Judges of the Supreme Court or of a High Court.] 2[(3) The Central Government may, in consultation with the Tribunal, appoint two or more persons as assessors to advise the Tribual in the proceedings before it.] # 5. Adjudication of water disputes—(1) When a Tribunal has been constituted under section 4, the Central Government shall, subject to the prohibition contained in section 8, refer the water disputes and any matter appearing to be connected with, or relevant to, the water dispute to the Tribunal for adjudication. 3[(2) The Tribunal shall investigate the matters referred to it and forward to the Central Government a report setting out the facts as found by it and giving its decision on the mattes referred to it within a period of three years: Provided that if the decision cannot be given for unavoidable reasons, within a period of three years, the Central Government may extend the period for a further period not exceeding two years. (3) If,upon consideration of the decision of the Tribunal, the Central Government or any State Government is of opinion that anything therein contained requires explanation or that guidance is needed upon any point not originally referred to the Tribunal, the Central Government or the State Government, as the case may be, within three months from the date of the decision, again refer the matter to the Tribunal for further consideration, and on such reference, the Tribunal may forward to the Central Government a further report within one year from the date of such reference giving such explanation or guidance as it deems fit and in such a case, the decision of the Tribunal shall be deemed to be modified accordingly: Provided that the period of one year within which the Tribunal may forward its report to the Central Government may be extended by the Central Government, for such further period as it considers necessary.] 4[(4) If the members of the Tribunal differ in opinion on any point, the point shall be decided according to the opinion of the majority.] **5[5A. Filling of vacancies.—If, for any reason a vacancy (other than a temporary absence) occurs in** the office of the Chairman or any other member of a Tribunal, such vacancy shall be filled by a person to be nominated in this behalf by the Chief Justice of India in accordance with the provisions of sub-section (2) of section 4, and the investigation of the matter referred to the Tribunal may be continued by the Tribunal after the vacancy is filed and from the stage at which the vacancy occurred.] **6. Publication of decision of Tribunal.—[6][(1)] The Central Government shall publish the decision** of the Tribunal in the Official Gazette and the decision shall be final and binding on the parties to the dispute and shall be given effect to by them. 7[(2) The decision of the Tribunal, after its publication in the Official Gazette by the Central Government under sub-section (1), shall have the same force as an order or decree of the Supreme Court.] **8[6A. Power to make schemes to implement decision of Tribunal.—(1) Without prejudice to the** provisions of section 6, the Central Government may, be notification in the Official Gazette, frame a scheme or schemes whereby provision may be made for all matters necessary to give effect to the decision of a Tribunal. 1. Subs. by Act 35 of 1968, s. 2, for sub-section (2) (w.e.f. 22-8-1968). 2. Subs. by Act 14 of 2002, s. 3, for sub-section (3) (w.e.f. 28-3-2002). 3. Subs. by s. 4, ibid., for sub-section (2) (w.e.f. 28-3-2002). 4. Ins. by Act 35 of 1968, s. 3 (w.e.f. 22-8-1968). 5. Ins. by s. 4, ibid. (w.e.f. 22-8-1968). 6. Section 6 renumbered as sub-section (1) thereof by Act 14 of 2002, s. 5 (w.e.f. 28-3-2002). 7. Ins. by s. 5, ibid. (w.e.f. 28-3-2002). 8. Ins. by Act 45 of 1980, s. 2 (w.e.f. 27-8-1980). 3 ----- (2) A scheme framed under sub-section (1) may provide for— (a) the establishment of any authority (whether described as such or as a committee or other body) for the implementation of the decision or directions of the Tribunal; (b) the composition, jurisdiction, powers and functions of the authority, the term of office and other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the authority; 1[(ba) requisitioning of any data, as may be required by it.] (c) the holding of a minimum under of meetings of the authority every year, the quorum for such meetings and the procedure thereat; (d) the appointment of any standing ad hoc or other committees by the authority; (e) the employment of a Secretary and other staff by the authority, the pay and allowances and other conditions of service of such staff; (f) the constitution of a fund by the authority, the amounts that may be credited to such fund and the expenses to which the fund may be applied; (g) the form and the manner in which accounts shall be kept by the authority; (h) the submission of an annual report by the authority of its activities; (i) the decisions of the authority which shall be subject to review; (j) the constitution of a committee for making such review and the procedure to be followed by such committee; and (k) any other matter which may be necessary or proper for the effective implementation of the decision or directions of the Tribunal. (3) In making provision in any scheme framed under sub-section (1) for the establishment of an authority for giving effect to the decision of a Tribunal, the Central Government may, having regard to the nature of the jurisdiction, powers and functions required to be vested in such authority in accordance with such decision and all other relevant circumstances, declare in the said scheme that such authority shall, under the name specified in the said schemes have capacity to acquire, hold and dispose of property, enter into contracts, sue and be sued and do all such acts as may be necessary for the proper exercise and discharge of its jurisdiction, powers and functions. (4) A scheme may empower the authority to make, with the previous approval of the Central Government, regulations for giving effect to the purposes of the scheme. (5) The Central Government may, by notification in the Official Gazette, add to, amend, or vary, any scheme framed under sub-section (1). (6) Every Scheme framed under this section shall have effect not withstand anything contained in any law for the time being in force (other than this Act) or any instrument having effect by virtue of any law other than this Act. (7) Every scheme and every regulation made under a scheme shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the scheme or the regulation or both houses agree that the scheme or the regulation should not be made, the scheme or the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme or regulation.] 1. Ins. by Act 14 of 2002, s. 6 (w.e.f. 28-3-2002). 4 ----- **7. Prohibition of levy of seigniorage, etc.—(1) No State Government shall, by reason only of the** fact that any works for the conservation, regulation or utilisation of water resources of an inter-State river have been constructed within the limits of the State, impose, or authorise the imposition of, any seigniorage or additional rate or fee (by whatever name called) in respect of the use of such water by any other State or the inhabitants thereof. (2) Any dispute or difference between two or more State Governments with respect to the levy of any water rate in contravention of the prohibition contained in sub-section (1) shall be deemed to be a water dispute. **8. Bar of reference of certain disputes to Tribunal.—Notwithstanding anything contained in** section 3 or section 5, no reference shall be made to a Tribunal of any dispute that may arise regarding any matter which may be referred to arbitration under the River Boards Act,[1][1956]. **9. Powers of Tribunal.—(1) The Tribunal shall have the same powers as are vested in a civil court** under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents and material objects; 2[(ba) requisitioning of any data, as may be required by it;] (c) issuing commissions for the examination of witnesses or for local investigation; (d) any other matter which may be prescribed. (2) The Tribunal may require any State Government to carry out, or permit to be carried out, such surveys and investigation as may be considered necessary for the adjudication of any water dispute pending before it. (3) A decision of the Tribunal may contain directions as to the Government by which the expenses of the Tribunal and any costs incurred by any State Government in appearing before the Tribunal are to be paid, and may fix the amount of any expenses or costs to be so paid, and so far as it relates to expense or costs, may be enforced as if it were an order made by the Supreme Court. (4) [3][Subject to the provisions of this act and any rules that may be made there under], the Tribunal may, by order, regulate its practice and procedure. **4[9A. maintenance of date bank and information.—(1) The Central Government shall maintain a** data bank and information system at the national level for each river basin which shall include data regarding water resources, land, agriculture, and matters relation thereto, as the Central Government may prescribe form time to time. The State Government shall supply the date to the Central Government or to an agency appointed by the Central Government for the purposes, as and when required. (2) The Central Government shall have powers to verify the data supplied by the State Government, and appoint any person or persons for the purpose and take such measures as it may consider necessary. The person or persons so appointed shall have the powers to summon such records and information from the concerned State Government as are considered necessary to discharge their functions under this section.] **10. Allowances or fees for presiding officer of Tribunal and assessors.—[5][The Chairman and** other members of a Tribunal] and the assessors shall be entitled to receive such remuneration, allowances or fees as may be prescribed. 1. Subs. by Act 36 of 1957, s. 2 and the Second Schedule, for “1955” (w.e.f. 17-9-1957). 2. Ins.by Act 14 of 2002, s. 6 (w.e.f. 28-3-2002). 3. Subs. by Act 35 of 1968, s. 5, for “Subject to any rules that may be made under this Act” (w.e.f. 22-8-1968). 4. Ins. by Act 14 of 2002, s. 7 (w.e.f. 28-3-2002). 5. Subs. by Act 35 of 1968, s. 6, for “The presiding officer of a Tribunal” (w.e.f. 22-8-1968). 5 ----- **11. Bar of jurisdiction of Supreme Court and other courts.—Notwithstanding anything contained** in any other law, neither the Supreme Court nor any other Court shall have or exercise jurisdiction in respect of any water dispute which may be referred to a Tribunal under this Act. **12. Dissolution of Tribunal.—The Central Government shall dissolve the Tribunal after it has** forwarded its report and as soon as the Central Government is satisfied that no further reference to the Tribunal in the matter would be necessary. **13. Power to make rules.—(1) The Central Government, after consultation with the State** Governments, may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generally of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form and manner in which complaint as to any water dispute may be made by any State Government; (b) the matters in respect of which a Tribunal may be vested with the powers of a Civil Court; (c) the procedure to be followed by a Tribunal under this Act; (d) the remuneration, allowances or fees payable to[1][the Chairman and other members] of a Tribunal and assessors; 2[(e) the terms and conditions of service of officers and assessors of the Tribunal;] (f) any other matter which has to be, or may be, prescribed. 3[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days,[4][which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule of both Houses agree that the rule should not be made, the rule shall thereafter have effect only in the modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **5[14. Constitution of Ravi and Beas Waters Tribunal.—(1) Notwithstanding anything contained in** in the foregoing provisions of this Act, the Central Government may, by notification in the Official Gazette, a constitute a Tribunal under this Act, to be known as the Ravi and Beas Waters Tribunal for the verification and adjudication of the matters referred to in paragraphs 9.1 and 9.2, respectively, of the Punjab Settlement. (2) When a Tribunal has been constituted under sub-section (1), the provisions of sub-sections (2) and (3) of section 4, sub-sections (2), (3) and (4) of section 5 and sections 5A to 13 (both inclusive ) of this Act relating to the constitution, jurisdiction, powers, authority and bar or jurisdiction shall, so far as may be, but subject to sub-section (3) hereof, apply to the constitution, jurisdiction, powers, authority and bar of jurisdiction in relation to the Tribunal constituted under sub-section (1). (3) When a Tribunal has been constituted under sub-section (1), the Central Government alone may _suo motu or at the request of the concerned State Government refer the mattes specified in paragraphs 9.1_ and 9.2 of the Punjab Settlement to such Tribunal. _Explanation.—For the purposes of this section, “Punjab Settlement” means the Memorandum of_ Settlement signed at New Delhi on the 24th day of July, 1985.] _____ 1. Subs. by Act 35 of 1968, s. 7, for “the presiding officer” (w.e.f. 22-8-1968). 2. Subs. by Act 14 of 2002, s. 8, for clause (e) (w.e.f. 28-3-2002). 3. Subs. by Act 35 of 1968, s. 7, for sub-section (3) (w.e.f. 22-8-1968). 4. Subs. by Act 45 of 1980, s. 3, for certain words (w.e.f. 27-9-1980). 5. Ins. by Act 20 of 1986, s. 2 (w.e.f. 2-4-1986). 6 -----

31-Aug-1956

37

The States Reorganisation Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1680/1/a1956-37.pdf

central

SECTIONS 1. Short title. 2. Definitions. # THE STATES REORGANISATION ACT, 1956 ____________ # ARRANGEMENT OF SECTIONS ____________ PART I PRELIMINARY PART II TERRITORIAL CHANGES AND FORMATION OF NEW STATES 3. Transfer of territory from Hyderabad to Andhra and alteration of name. 4. Transfer of territory from Travancore-Cochin to Madras. 5. Formation of Kerala State. 6. Laccadive, Minicoy and Amindivi Islands. 7. Formation of a new Mysore State. 8. Formation of a new Bombay State. 9. Formation of a new Madhya Pradesh State. 10. Formation of a new Rajasthan State. 11. Formation of a new Punjab State. 12. Amendment of the First Schedule to the Constitution. 13. Saving powers of State Governments. PART III ZONES AND ZONAL COUNCILS 14. [Repealed.] 15. Establishment of Zonal Councils. 16. Composition of the Councils. 17. Meetings of the Councils. 18. Power to appoint Committees. 19. Staff of the Council. 20. Office of the Council. 21. Functions of the Councils. 22. Joint meetings of Zonal Councils. PART IV REPRESENTATION IN THE LEGISLATURES _The Council of States_ 23. Amendment of the Fourth Schedule to the Constitution. 24. Allocation of sitting members in the Council of States. 25. By-elections to fill vacancies. 26. Term of office of members. 1 ----- SECTIONS 27. Provision as to existing House. _The House of the People_ _The Legislative Assembly_ 28. Changes in composition and allocation of sitting members. 29. Special provision for elections to the Andhra Pradesh Legislative Assembly. 30. Duration of Legislative Assemblies. 31. Speakers and Deputy Speakers. 32. Rules of procedure. _The Legislative Councils_ 33. Madhya Pradesh Legislative Council. 34. Bombay Legislative Council. 35. Madras Legislative Council. 36. Mysore Legislative Council. 37. Punjab Legislative Council. 38. Chairman and Deputy Chairman. 39. Rules of procedure. _Delimitation of Constituencies_ 40. Allocation of seats in the House of the People and assignment of seats to State Legislative Assemblies. 41. Modification of the Scheduled Castes and Scheduled Tribes Orders. 42. Determination of population of Scheduled Castes and Scheduled Tribes. 43. Constitution of Delimitation Commission. 44. Duties of the Commission. 45. Associate members. 46. Casual vacancies. 47. Procedure as to delimitation. 48. Special provision as to certain elections. PART V HIGH COURTS 49. High Courts for the new States. 50. Abolition of certain Courts. 51. Principal seat and other places of sitting of High Courts for new States. 52. Jurisdiction of High Courts for new States. 53. Power to enrol advocates, etc. 54. Practice and procedure. 55. Custody of seal of the High Court. 56. Form of writs and other processes. 57. Powers of Judges. 58. Procedure as to appeals to the Supreme Court. 59. Transfer of proceedings to Bombay High Court. 2 ----- SECTIONS 60. Extension of jurisdiction of, and transfer of proceedings to, Kerala High Court. 61. Transfer of proceedings to Madhya Pradesh High Court. 62. Transfer of proceedings to Mysore High Court. 63. Transfer of proceedings to Punjab High Court. 64. Transfer of proceedings to Rajasthan High Court. 65. High Court of Andhra Pradesh. 66. High Court for the areas added to Madras. 67. Right to appear or act in proceedings transferred to other High Courts. 68. Interpretation. 69. Savings. PART VI AUTHORISATION OF EXPENDITURE 70. Authorisation of expenditure of new States. 71. Appropriation of moneys for expenditure in transferred territories under existing Appropriation Acts. 72. Reports relating to the accounts of certain States. 73. Allowances and privileges of Governors of certain States. 74. Distribution of revenues. PART VII APPORTIONMENT OF ASSETS AND LIABILITIES OF CERTAIN PART A AND PART B STATES 75. Application of Part. 76. Land and goods. 77. Treasury and bank balances. 78. Arrears of taxes. 79. Right to recover loans and advances. 80. Credits in certain funds. 81. Assets and liabilities of State undertakings. 82. Public debt. 83. Refund of taxes collected in excess. 84. Deposits. 85. Provident funds. 86. Pensions. 87. Contracts. 88. Liability in respect of actionable wrong. 89. Liability as guarantor of co-operative society. 90. Items in suspense. 91. Residuary provision. 92. Power of the Central Government to order allocation or adjustment in certain cases. 93. Certain expenditure to be charged on the Consolidated Fund. 3 ----- PART VIII APPORTIONMENT OF CERTAIN ASSETS AND LIABILITIES OF THE UNION SECTIONS 94. Definitions. 95. Passing of certain assets and liabilities of the Union to successor States. 96. Arrears of taxes. 97. Loans and advances. 98. Debts due to Central Government. 99. Provident fund. 100. Pensions. 101. Contracts. PART IX PROVISIONS AS TO CERTAIN CORPORATIONS AND INTER-STATE AGREEMENTS AND ARRANGEMENTS 102. Provision as to certain State Financial Corporations. 103. Provisions as to the Madras Industrial Investment Corporation. 104. Amendment of Act 2 of 1934. 105. Amendment of Act 6 of 1942. 106. Provision as to certain State Electricity Boards and apportionment of their assets and liabilities. 107. Continuance of arrangements in regard to generation and supply of electric power and supply of water. 108. Continuance of agreements and arrangements relating to certain irrigation, power or multi purpose projects. 109. General provision as to statutory corporations. 110. Temporary provisions as to the continuance of certain existing road transport permits. 111. Special provision relating to retrenchment compensation in certain cases. 112. Provision as to the Devaswom Surplus Fund of Travancore. 113. Continuance of facilities in certain State institutions. PART X PROVISIONS AS TO SERVICES 114. Provisions relating to All-India Services. 115. Provisions relating to other services. 116. Provision as to continuance of officers in the same posts. 117. Power of Central Government to give directions. 118. Provisions as to State Public Service Commissions. PART XI LEGAL AND MISCELLANEOUS PROVISIONS 119. Territorial extent of laws. 120. Power to adapt laws. 4 ----- SECTIONS 121. Power to construe laws. 122. Power to name authorities, etc., for exercising statutory functions. 123. Legal proceedings. 124. Right of pleaders to practise in certain Courts. 125. Provisions as to certain pending proceedings. 126. [Repealed.] 127. Effect of the provisions of the Act inconsistent with other laws. 128. Power to remove difficulties. 129. Power to make rules. 130. Repeal of Act 49 of 1951. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. THE FOURTH SCHEDULE. THE FIFTH SCHEDULE. THE SIXTH SCHEDULE. 5 ----- # THE STATES REORGANISATION ACT, 1956 ACT NO. 37 OF 1956 [31st August, 1956.] # An Act to provide for the reorganisation of the States of India and for matters connected therewith. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:― PART I PRELIMINARY **1. Short title.―This Act may be called the States Reorganisation Act, 1956.** **2. Definitions.―In this Act, unless the context otherwise requires,―** (a) “appointed day” means the 1st day of November, 1956; (b) “article” means an article of the Constitution; (c) “assembly constituency”, “council constituency” and “parliamentary constituency” have the same meanings as in the Representation of the People Act, 1950 (43 of 1950); (d) “corresponding new State” means, in relation to the existing State of Bombay, Madhya Pradesh, Mysore, Punjab or Rajasthan, the new State with the same name, and in relation to the existing State of Travancore-Cochin, the new State of Kerala; (e) “corresponding State” means, in relation to the new State of Bombay, Madhya Pradesh, Mysore, Punjab or Rajasthan, the existing State with the same name, and in relation to the new State of Kerala, the existing State of Travancore-Cochin; (f) “Election Commission” means the Election Commission appointed by the President under article 324; (g) “existing State” means a State specified in the First Schedule to the Constitution at the commencement of this Act; (h) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the territory of India; (i) “new State” means a [1]*** State formed by the provisions of Part II; (j) “notified order” means an order published in the Official Gazette; (k) “population ratio”, in relation to the successor States of an existing State, means such ratio as the Central Government may by notified order specify to be the ratio in which the population of that existing State as ascertained at the last census is distributed territorially among the several successor States by virtue of the provisions of Part II; (l) “prescribed” means prescribed by rules made under this Act; (m) “principal successor State” means— (i) in relation to the existing State of Bombay, Madhya Pradesh, Madras or Rajasthan, the State with the same name; and (ii) in relation to the existing States of Hyderabad, Madhya Bharat and Travancore-Cochin, the States of Andhra Pradesh, Madhya Pradesh and Kerala, respectively; 1. The word and letter “Part A” omitted by the Adaptation of Laws (No. 1) Order, 1956. 6 ----- (n) “sitting member” in relation to either House of Parliament or of the Legislature of a State means a person who, immediately before the appointed day, is a member of that House; (o) “successor State”, in relation to an existing State, means any State to which the whole or any part of the territories of that existing State is transferred by the provisions of Part II, and includes in relation to the existing State of Madras, also that State as territorially altered by the said provisions and the Union; (p) “transferred territory” means any territory transferred from an existing State to another existing State or to a new State by the provisions of Part II; (q) “treasury” includes a sub-treasury; and (r) any reference to a district, taluk, tahsil or other territorial division of a State shall be construed as a reference to the area comprised within that territorial division on the 1st day of July, 1956. PART II TERRITORIAL CHANGES AND FORMATION OF NEW STATES **3. Transfer of territory from Hyderabad to Andhra and alteration of name.―(1) As from the** appointed day, there shall be added to the State of Andhra the territories comprised in— (a) the districts of Hyderabad, Medak, Nizamabad, Karimnagar, Warangal, Khammam, Nalgonda and Mahbubnagar; (b) Alampur and Gadwal taluks of Raichur district and Kodangal taluk of Gulbarga district; (c) Tandur taluk of Gulbarga district; (d) Zahirabad taluk (except Nirna circle), Nyalkal circle of Bidar taluk and Narayankhed taluk of Bidar district; (e) Bichkonda and Jukkal circles of Deglur taluk of Nanded district; and (f) Mudhol, Bhiansa and Kuber circles of Mudhol taluk of Nanded district; and (g) Adilabad district except Islapur circle of Boath taluk, Kinwat taluk and Rajura taluk; and thereupon the said territories shall cease to form part of the existing State of Hyderabad and the State of Andhra shall be known as the State of Andhra Pradesh. (2) The territories referred to in clauses (b), (c), (d), (e) and (f) of sub-section (1) shall be included in, and become part of, Mahbubnagar, Hyderabad, Medak, Nizamabad and Adilabad districts, respectively, in the State of Andhra Pradesh. **4. Transfer of territory from Travancore-Cochin to Madras.―As from the appointed day, there** shall be added to the State of Madras the territories comprised in the Agastheeswaram, Thovala, Kalkulam and Vilavancode taluks of Trivandrum district and the Shencottah taluk of Quilon district; and thereupon— (a) the said territories shall cease to form part of the existing State of Travancore-Cochin; (b) the territories comprised in the Agastheeswaram, Thovala, Kalkulam and Vilavancode taluks shall form a separate district to be known as Kanya Kumari district in the State of Madras; and (c) the territories comprised in the Shencottah taluk shall be included in, and become part of, Tirunelveli district in the State of Madras. 7 ----- **5. Formation of Kerala State.―(1) As from the appointed day, there shall be formed a new** [1]*** State to be known as the State of Kerala comprising the following territories, namely:― (a) the territories of the existing State of Travancore Cochin, excluding the territories transferred to the State of Madras by section 4; and (b) the territories comprised in— (i) Malabar district, excluding the islands of Laccadive and Minicoy, and (ii) Kasaragod taluk of South Kanara district; and thereupon the said territories shall cease to form part of the States of Travancore-Cochin and Madras, respectively. (2) The territories specified in clause (b) of sub-section (1) shall form a separate district to be known as Malabar district in the State of Kerala. **6. Laccadive, Minicoy and Amindivi Islands.―As from the appointed day, there shall be formed a** 2[Union territory] to be known as the Laccadive, Minicoy and Amindivi Islands comprising the Laccadive and Minicoy Islands in the Malabar district and the Amindivi Islands in the South Kanara district; and thereupon the said Islands shall cease to form part of the existing State of Madras. **7. Formation of a new Mysore State.―(1) As from the appointed day, there shall be formed a new** 1*** State to be known as the State of Mysore comprising the following territories, namely:― (a) the territories of the existing State of Mysore; (b) Belgaum district except Chandgad taluka and Bijapur, Dharwar and Kanara districts, in the existing State of Bombay; (c) Gulbarga district except Kodangal and Tandur taluks, Raichur district except Alampur and Gadwal taluks, and Bidar district except Ahmadpur, Nilanga and Udgir taluks and the portions specified in clause (d) of sub-section (1) of section 3, in the existing State of Hyderabad; (d) South Kanara district except Kasaragod taluk and Amindivi Islands, and Kollegal taluk of Coimbatore district, in the State of Madras; and (e) the territories of the existing State of Coorg; and thereupon the said territories shall cease to form part of the said existing States of Mysore, Bombay, Hyderabad, Madras and Coorg, respectively. (2) The territory comprised in the existing State of Coorg shall form a separate district to be known as Coorg district, and the said Kollegal taluk shall be included in, and become part of, Mysore district, in the new State of Mysore. **8. Formation of a new Bombay State.―(1) As from the appointed day, there shall be formed a new** 1*** State to be known as the State of Bombay comprising the following territories, namely:― (a) the territories of the existing State of Bombay, excluding— (i) Bijapur, Dharwar and Kanara districts and Belgaum district except Chandgad taluka, and (ii) Abu Road taluka of Banaskantha district; (b) Aurangabad, Parbhani, Bhir and Osmanabad districts, Ahmadpur, Nilanga and Udgir taluks of Bidar district, Nanded district (except Bichkonda and Jukkal circles of Deglur taluk and Mudhol, 1. The word and letter “Part A” omitted by the Adaptation of Laws (No. 1) Order, 1956. 2. Subs., ibid., for “New Part C State”. 8 ----- Bhiansa and Kuber circles of Mudhol taluk) and Islapur circle of Boath taluk, Kinwat taluk and Rajura taluk of Adilabad district, in the existing State of Hyderabad; (c) Buldana, Akola, Amravati, Yeotmal, Wardha, Nagpur, Bhandara and Chanda districts in the existing State of Madhya Pradesh; (d) the territories of the existing State of Saurashtra; and (e) the territories of the existing State of Kutch; and thereupon the said territories shall cease to form part of the existing States of Bombay, Hyderabad, Madhya Pradesh, Saurashtra and Kutch, respectively. (2) The said Chandgad taluka shall be included in, and become part of, Kolhapur district, the said Ahmadpur, Nilanga and Udgir taluks shall be included in, and become part of, Osmanabad district, the said Islapur circle of Boath taluk, Kinwat taluk and Rajura taluk shall be included in, and become part of, Nanded district and the territories comprised in the existing State of Kutch shall form a separate district to be known as Kutch district, in the new State of Bombay. **9. Formation of a new Madhya Pradesh State.―(1) As from the appointed day, there shall be** formed a new [1]*** State to be known as the State of Madhya Pradesh comprising the following territories, namely:― (a) the territories of the existing State of Madhya Pradesh, except the districts mentioned in clause (c) of sub-section (1) of section 8; (b) the territories of the existing State of Madhya Bharat, except Sunel tappa of Bhanpura tahsil of Mandsaur district; (c) Sironj sub-division of Kotah district in the existing State of Rajasthan; (d) the territories of the existing State of Bhopal; and (e) the territories of the existing State of Vindhya Pradesh; and thereupon the said territories shall cease to form part of the existing States of Madhya Pradesh, Madhya Bharat, Rajasthan, Bhopal and Vindhya Pradesh, respectively. (2) The said Sironj sub-division shall be included in, and become part of, Bhilsa district in the new State of Madhya Pradesh. **10. Formation of a new Rajasthan State.―(1) As from the appointed day, there shall be formed a** new [1]*** State to be known as the State of Rajasthan comprising the following territories, namely:― (a) the territories of the existing State of Rajasthan, except Sironj sub-division of Kotah district; (b) the territories of the existing State of Ajmer; (c) Abu Road taluka of Banaskantha district in the existing State of Bombay; and (d) Sunel tappa of Bhanpura tahsil of Mandsaur district in the existing State of Madhya Bharat; and thereupon the said territories shall cease to form part of the said States of Rajasthan, Ajmer, Bombay and Madhya Bharat, respectively. (2) The territories comprised in the existing State of Ajmer shall form a separate district to be known as Ajmer district, and the territories referred to in clauses (c) and (d) of sub-section (1) shall be included in, and become part of, Sirohi and Jhalawar districts, respectively, in the new State of Rajasthan. **11. Formation of a new Punjab State.―As from the appointed day, there shall be formed a new** 1*** State to be known as the State of Punjab comprising the following territories, namely:― (a) the territories of the existing State of Punjab; and 1. The word and letter “Part A” omitted by the Adaptation of Laws (No. 1) Order, 1956. 9 ----- (b) the territories of the existing State of Patiala and East Punjab States Union; and thereupon the said territories shall cease to form part of the said existing States of Punjab and Patiala and East Punjab States Union, respectively. **12. Amendment of the First Schedule to the Constitution.―As from the appointed day, in the First** Schedule to the Constitution, for Part A, Part B and Part C, the following Parts shall be substituted, namely:― “PART A Name Territories 1. Andhra Pradesh . . . The territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953, and the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956. 2. Assam . . . . . . The territories which immediately before the commencement of this Constitution were comprised in the Province of Assam, the Khasi States and the Assam Tribal Areas, but excluding the territories specified in the Schedule to the Assam (Alteration of Boundaries) Act, 1951. 3. Bihar . . . . . . The territories which immediately before the commencement of this Constitution were either comprised in the Province of Bihar or were being administered as if they formed part of that Province. 4. Bombay . . . . . The territories specified in sub-section (1) of section 8 of the States Reorganisation Act, 1956. 5. Kerala . . . . . The territories specified in sub-section (1) of section 5 of the States Reorganisation Act, 1956. 6. Madhya Pradesh. . . The territories specified in sub-section (1) of section 9 of the States Reorganisation Act, 1956. 7. Madras . . . . . The territories which immediately before the commencement of this Constitution were either comprised in the Province of Madras or were being administered as if they formed part of that Province and the territories specified in section 4 of the States Reorganisation Act, 1956, but excluding the territories specified in sub-section (1) of section 3 and sub-section (1) of section 4 of the Andhra State Act, 1953, and the territories specified in clause (b) of sub- section (1) of section 5, section 6 and clause (d) of sub-section (1) of section 7 of the States Reorganisation Act, 1956. 8. Mysore . . . . . The territories specified in sub-section (1) of section 7 of the States Reoganisation Act, 1956. 9. Orissa . . . . . The territories which immediately before the commencement of this Constitution were either comprised in the Province of Orissa or were being administered as if they formed part of that Province. 10 ----- Name Territories 10. Punjab . . . . . The territories specified in section 11 of the States Reorganisation Act, 1956. 11. Rajasthan . . . . The territories specified in section 10 of the States Reorganisation Act, 1956. 12. Uttar Pradesh . . . The territories which immediately before the commencement of this Constitution were either comprised in the Province known as the United Provinces or were being administered as if they formed part of that Province. 13. West Bengal . . . . The territories which immediately before the commencement of this Constitution were either comprised in the Province of West Bengal or were being administered as if they formed part of that Province and the territory of Chandernagore as defined in clause (c) of section 2 of the Chandernagore (Merger) Act, 1954. PART B Name Territory 1. Jammu and Kashmir . . The territory which immediately before the commencement of this Constitution was comprised in the Indian State of Jammu and Kashmir. PART C Name Territory 1. Delhi . . . . . . The territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioner's Province of Delhi. 2. Himachal Pradesh . . The territories which immediately before the commencement of the Himachal Pradesh and Bilaspur (New State) Act, 1954, were comprised in the States of Himachal Pradesh and Bilaspur. 3. Manipur . . . . . The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner's Province under the name of Manipur. 4. Tripura . . . . . The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner’s Province under the name of Tripura. 5. The Laccadive Minicoy and Amindivi Islands. The territory specified in section 6 of the States Reorganisation Act, 1956.” **13. Saving powers of State Governments.―Nothing in the foregoing provisions of this Part shall be** deemed to affect the power of a State Government to alter after the appointed day the name, extent and boundaries of any district or division in the State. 11 ----- PART III ZONES AND ZONAL COUNCILS 14. [Definitions.]―Rep. by the Adaptation of Laws (No. 1) Order, 1956. **15. Establishment of Zonal Councils.―As from the appointed day, there shall be a Zonal Council** for each of the following five zones, namely:― (a) the Northern Zone, comprising the States of [1][Haryana], [2][Punjab, Himachal Pradesh], Rajasthan and Jammu and Kashmir* and the [3][Union territories] of Delhi, [4][and Chandigarh]; (b) the Central Zone, comprising the States of Uttar Pradesh and Madhya Pradesh; 5[(c) the Eastern Zone, comprising the States of Bihar, West Bengal 6[Orissa and Sikkim];] 7[(d) the Western Zone, comprising the States of Goa, Gujarat and Maharashtra and the Union territories of Dadra and Nagar Haveli and Daman and Diu; and] (e) the Southern Zone, comprising the States of Andhra Pradesh, [8][ [9][Tamil Nadu], [10][Karnataka] and Kerala] [11][and the Union territory of Pondicherry]. **16. Composition of the Councils.―(1) The Zonal Council for each zone shall consist of the** following members, namely:― (a) a Union Minister to be nominated by the President; (b) the Chief Minister of each of the States included in the zone and two other Ministers of each such State to be nominated by the Sadar-i-Riyasat, in the case of Jammu and Kashmir*, and by the Governor, in any other case, and if there is no Council of Ministers in any such State, three members from that State to be nominated by the President; (c) where any [3][Union territory] is included in the zone, not more than two members from each 12[such territory] to be nominated by the President; 13* - - - (2) The Union Minister nominated under clause (a) of sub-section (1) to a Zonal Council shall be its Chairman. (3) The Chief Ministers of the States included in each zone shall act as Vice-Chairman of the Zonal Council for that zone by rotation, each holding office for a period of one year at a time: Provided that if during that period there is no Council of Ministers in the State concerned, such member from that State as the President may nominate in this behalf shall act as Vice-Chairman of the Zonal Council. 1. Subs. by Act 31 of 1966, s. 86, for “Punjab” (w.e.f. 1-11-1966). 2. Subs. by Act 53 of 1970, s. 47, for “Punjab” (w.e.f. 25-1-1971). 3. Subs. by the Adaptation of Laws (No. 1) Order, 1956, for “Part C States”. 4. Subs. by Act 53 of 1970, s. 47, for “Himachal Pradesh and Chandigarh” (w.e.f. 25-1-1971). 5. Subs. by Act 81 of 1971, s. 74, for clause (c) (w.e.f. 21-1-1972). 6. Subs. by Notification No. S.O. 778(E), dated 8-12-1976, Gazette of India, Pt. II, Sec. 3(ii). 7. Subs. by Act 18 of 1987, s. 64, for clause (d) (w.e.f. 30-5-1987). 8. Subs. by Act 11 of 1960, s. 86, for “Madras and Kerala” (w.e.f. 1-5-1960). 9. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for “Madras” (w.e.f. 14-1-1969). 10. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, for “Mysore” (w.e.f. 1-11-1973). 11. Ins. by Act 20 of 1963, s. 57 and Second Schedule (w.e.f. 13-5-1963). 12. Subs. by the Adaptation of Laws (No. 1) Order, 1956, for “such State”. 13. Omitted by Act 81 of 1971, s. 74 (w.e.f. 21-1-1972). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 12 ----- (4) The Zonal Council for each zone shall have the following persons as Advisers to assist the Council in the performance of its duties, namely:― (a) one person nominated by the Planning Commission; (b) the Chief Secretary to the Government of each of the States included in the Zone; and (c) the Development Commissioner or any other officer nominated by the Government of each of the States included in the Zone. (5) Every Adviser to a Zonal Council shall have the right to take part in the discussions of the Council or of any Committee thereof of which he may be named a member but shall not have a right to vote at a meeting of the Council or of any such Committee. **17. Meetings of the Councils.―(1) Each Zonal Council shall meet at such time as the Chairman of** the Council may appoint in this behalf and shall, subject to the other provisions of this section, observe such rules of procedure in regard to transaction of business at its meetings as it may, with the approval of the Central Government, lay down from time to time. (2) The Zonal Council for each zone shall, unless otherwise determined by it, meet in the States included in that zone by rotation. (3) The Chairman or in his absence the Vice-Chairman or in the absence of both the Chairman and the Vice-Chairman, any other member chosen by the members present from amongst themselves shall preside at a meeting of the Council. (4) All questions at a meeting of a Zonal Council shall be decided by a majority of votes of the members present and in the case of an equality of votes the Chairman or, in his absence any other person presiding shall have a second or casting vote. (5) The proceedings of every meeting of a Zonal Council shall be forwarded to the Central Government and also to each State Government concerned. **18. Power to appoint Committees.―(1) A Zonal Council may from time to time by resolution** passed at a meeting appoint Committees of its members and Advisers for performing such functions as may be specified in the resolution and may associate with any such Committee, such Ministers either for the Union or for the States and such officers serving either in connection with the affairs of the Union or of the States as may be nominated in that behalf by the Council. (2) A person associated with a Committee of a Zonal Council under sub-section (1) shall have the right to take part in the discussions of the Committee, but shall not have a right to vote at a meeting thereof. (3) A Committee appointed under sub-section (1) shall observe such rules of procedure in regard to transaction of business at its meetings as the Zonal Council may, with the approval of the Central Government, lay down from time to time. **19. Staff of the Council.―(1) Each Zonal Council shall have a secretarial staff consisting of a** Secretary, a Joint Secretary and such other officers as the Chairman may consider necessary to appoint. (2) The Chief Secretaries of the States represented in such Council shall each be the Secretary of the Council by rotation and hold office for a period of one year at a time. (3) The Joint Secretary of the Council shall be chosen from amongst officers not in the service of any of the States represented in the Council and shall be appointed by the Chairman. **20. Office of the Council.―(1) The office of the Zonal Council for each zone shall be located at such** place within the zone as may be determined by the Council. 13 ----- (2) The administrative expenses of the said office, including the salaries and allowances payable to or in respect of members of the secretarial staff of the Council other than the Secretary, shall be borne by the Central Government out of monies provided by Parliament for the purpose. **21. Functions of the Councils.―(1) Each Zonal Council shall be an advisory body and may discuss** any matter in which some or all of the States represented in that Council, or the Union and one or more of the States represented in that Council, have a common interest and advise the Central Government and the Government of each State concerned as to the action to be taken on any such matter. (2) In particular, and without prejudice to the generality of the provisions of sub-section (1), a Zonal Council may discuss, and make recommendations with regard to,― (a) any matter of common interest in the field of economic and social planning; (b) any matter concerning border disputes, linguistic minorities or inter-State transport; and (c) any matter connected with, or arising out of, the reorganisation of the States under this Act. **22. Joint meetings of Zonal Councils.―(1) Where it is represented to the Zonal Council for any** zone that a matter in which a State included in that zone and one or more States included in any other zone or zones have a common interest should be discussed at a joint meeting, it shall be lawful for the Zonal Councils concerned— (a) to meet at such time and place as the Chairman thereof may, in consultation with each other, appoint in this behalf; and (b) to discuss the said matter at such joint meeting and make recommendations to the Governments concerned as to the action to be taken on that matter. (2) The Central Government may make rules for regulating the procedure at joint meetings of the Zonal Councils. PART IV REPRESENTATION IN THE LEGISLATURES _The Council of States_ **23. Amendment of the Fourth Schedule to the Constitution.―As from the appointed day, in the** Fourth Schedule to the Constitution, for the Table of Seats, the following Table shall be substituted, namely:― “Table of Seats 1. Andhra Pradesh 18 2. Assam 6 3. Bihar 21 4. Bombay 27 5. Kerala 9 6. Madhya Pradesh 16 7. Madras 17 8. Mysore 12 9. Orissa 9 10. Punjab 11 11. Rajasthan 10 14 ----- 12. Uttar Pradesh 31 13. West Bengal 14 14. Jammu and Kashmir 4 15. Delhi 1 16. Himachal Pradesh 1 17. Manipur| 18. Tripura 1 208”. **24. Allocation of sitting members in the Council of States.―(1) The twelve sitting members** representing the State of Andhra and such six of the eleven sitting members representing the State of Hyderabad as the Chairman shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill the eighteen seats allotted to the State of Andhra Pradesh. (2) Such five of the six sitting members representing the State of Travancore-Cochin and such three of the eighteen sitting members representing the State of Madras as the Chairman shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill eight of the nine seats allotted to the State of Kerala. (3) The eleven sitting members representing the States of Bhopal, Madhya Bharat and Vindhya Pradesh and such five of the twelve sitting members representing the State of Madhya Pradesh as the Chairman shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill the sixteen seats allotted to the new State of Madhya Pradesh. (4) Such one of the six sitting members representing the State of Travancore-Cochin as the Chairman shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill one of the seats allotted to the State of Madras. (5) The six sitting members representing the State of Mysore, and such four of the seventeen sitting members representing the State of Bombay, and such two of the eleven sitting members representing the State of Hyderabad, as the Chairman shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill the twelve seats allotted to the new State of Mysore. (6) The eleven sitting members representing the existing States of Punjab and Patiala and East Punjab States Union shall, as from the appointed day, be deemed to have been duly elected to fill the eleven seats allotted to the new State of Punjab. (7) The nine sitting members representing the State of Rajasthan and the sitting members representing the States of Ajmer and Coorg shall, as from the appointed day, be deemed to have been duly elected to fill the ten seats allotted to the new State of Rajasthan: Provided that if the number of sitting members representing the State of Rajasthan is less than nine, such one of the sitting members representing the existing State of Bombay as the Chairman shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill one of the seats allotted to the new State of Rajasthan. (8) The five sitting members representing the State of Saurashtra and Kutch and the sitting members representing the existing States of Bombay, Hyderabad and Madhya Pradesh who have not been allocated under sub-sections (1), (3), (5) and (7) to Andhra Pradesh, Madhya Pradesh, Mysore or Rajasthan shall, as from the appointed day, be deemed to have been duly elected to fill the twenty-seven seats allotted to the new State of Bombay. 15 ----- (9) In this section, “Chairman” means the Chairman of the Council of States. **25. By-elections to fill vacancies.―As soon as may be after the appointed day, by-elections shall be** held to fill the vacancies existing on the appointed day in the seats allotted to the States of Kerala and Madras. **26. Term of office of members.―In order that, as nearly as may be, one-third of the members may** retire on the 2nd day of April, 1958, and on the expiration of every second year thereafter, the President shall, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the members elected under section 25 and such modifications as he thinks fit in the terms of office of any of the sitting members. _The House of the People_ **27. Provision as to existing House.―Nothing in Part II shall be deemed to affect the constitution or** duration of the existing House of the People or the extent of the constituency of any sitting member of that House. _The Legislative Assembly_ **28. Changes in composition and allocation of sitting members.―(1) Where by virtue of the** provisions of Part II the whole area of any Assembly constituency in an existing State is transferred to any other existing State or becomes part of a new State other than Kerala,― (a) that area shall, as from the appointed day, be deemed to form a constituency provided by law for the purpose of elections to the Legislative Assembly of such other existing State or of such new State, as the case may be; and (b) the sitting member representing that constituency shall, as from the appointed day, be deemed to have been elected to the said Legislative Assembly by that constituency and shall cease to be a member of the Legislative Assembly of which he was a member immediately before that day. (2) The sitting members representing the assembly constituencies in the State of Madras falling wholly or partly within the territories of that State which, on the appointed day, become part of the new State of Kerala shall, as from that day, cease to be members of the Legislative Assembly of Madras. (3) The provisions of the First Schedule shall apply in relation to the sitting members representing the Assembly constituencies specified therein, parts of which are by virtue of the provisions of Part II transferred from an existing State to another existing State or to a new State. (4) The members of the electoral college for Kutch constituted under section 27A of the Representation of the People Act, 1950 (43 of 1950) shall, as soon as may be after the commencement of this Act, elect eight persons from among themselves in accordance with the system of proportional representation by means of the single transferable vote and in such manner as may be prescribed; and the persons so elected shall, as from the appointed day, be deemed to have been elected to the Legislative Assembly of Bombay by a constituency comprising the whole of Kutch district. (5) The office of member of the Council of Advisers constituted for the State of Kutch under section 42 of the Government of Part C States Act, 1951 (49 of 1951), is hereby declared to be an office of profit under the Government of India which shall not disqualify its holder for being elected under sub-section (4) or for becoming a member of the Legislative Assembly of Bombay as provided in that sub- section. (6) The sitting members nominated under article 333 to represent the Anglo-Indian community in the Legislative Assemblies of Madhya Pradesh and Mysore shall, as from the appointed day, cease to be members of those Assemblies and shall be deemed to have been nominated under the said article by the respective Governors to the Legislative Assemblies of the corresponding new States. 16 ----- **29. Special provision for elections to the Andhra Pradesh Legislative Assembly.―When a** general election is next held in the State of Andhra Pradesh for electing members to the House of the People, elections shall also be held to fill the seats allotted to the assembly constituencies into which the transferred territory in that State is divided in the order referred to in sub-section (2) of section 47, as if those seats had become vacant; and as from the date appointed under the Representation of the People Act, 1951 (43 of 1951) as the date before which the said elections shall be completed, all the persons who, having been sitting members of the Legislative Assembly of Hyderabad, become on the appointed day members of the Legislative Assembly of Andhra Pradesh under sub-section (1) or sub-section (3) of section 28 of this Act shall cease to be such members. **30. Duration of Legislative Assemblies.―The period of five years referred to in clause (1) of article** 172 shall, in the case of the Legislative Assembly of each new State except Kerala, as constituted by the provisions of section 28, be deemed to have commenced on the date on which it actually commenced in the case of the Legislative Assembly of the corresponding State. **31. Speakers and Deputy Speakers.―(1) As from the appointed day and until the first meeting of** the Legislative Assembly of a new State other than Kerala, the persons who immediately before the appointed day are the Speaker and Deputy Speaker of the Legislative Assembly of the corresponding State shall, if they are members of the Legislative Assembly of the new State, be the Speaker and Deputy Speaker, respectively, of that Assembly. (2) As soon as may be after the appointed day, the Legislative Assembly of the State of Andhra Pradesh shall choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and until they are so chosen, the persons who immediately before the appointed day are the Speaker and Deputy Speaker of the Legislative Assembly of the existing State of Andhra shall be the Speaker and Deputy Speaker, respectively, of the Legislative Assembly of the State of Andhra Pradesh. **32. Rules of procedure.―Until rules are made under clause (1) of article 208 by the Legislative** Assembly of a new State, the rules as to procedure and conduct of business in force immediately before the appointed day with respect to the Legislative Assembly of the corresponding State shall have effect in relation to the Legislative Assembly of the new State subject to such modifications and adaptations as may be made therein by the Speaker. _The Legislative Councils_ **33. Madhya Pradesh Legislative Council.―(1) As from such date as the President may by order** appoint, there shall be a Legislative Council for the new State of Madhya Pradesh. (2) In the said Council there shall be [1][90] seats of which— (a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171 shall be [2][31, 8 and 8] respectively; (b) the number to be filled by persons elected by the members of the Legislative Assembly in accordance with the provisions of sub-clause (d) of the said clause shall be [3][31]; and (c) the number to be filled by persons nominated by the Governor in accordance with the provisions of sub-clause (e) of that clause shall be 12. (3) As soon as may be after the commencement of [4][the Legislative Councils Act, 1957 (37 of 1957)], the President, after consultation with the Election Commission, shall by order determine— (a) the constituencies into which the said new State shall be divided for the purpose of elections to the Council under each of the sub-clauses (a), (b) and (c) of clause (3) of article 171; 1. Subs. by Act 37 of 1957, s. 6, for “72” (w.e.f. 18-9-1957). 2. Subs. by s. 6, ibid., for “24, 6 and 6” (w.e.f. 18-9-1957). 3. Subs. by s. 6, ibid., for “24” (w.e.f. 18-9-1957). 4. Subs. by s. 6, ibid., for “this Act” (w.e.f. 18-9-1957). 17 ----- (b) the extent of each constituency; and (c) the number of seats allotted to each constituency. (4) As soon as may be after [1][such commencement], steps shall be taken to constitute the said Council in accordance with the provisions of this section and the provisions of the Representation of the People Act, 1950 (43 of 1950) and the Representation of the People Act, 1951 (43 of 1951). 2* - - - **34. Bombay Legislative Council.―(1) As from such date as the President may by order appoint,** there shall be a Legislative Council for the new State of Bombay. (2) [3][Until otherwise provided by law], the said Council shall consist of— (a) all the sitting members of the Legislative Council of the existing State of Bombay, except those representing the Belgaum (Local Authorities), Bijapur (Local Authorities) and Dharwar (Local Authorities) constitutencies; and (b) 25 members to represent the territories specified in clauses (b), (c), (d) and (e) of sub-section (1) of section 8 who shall be chosen in such manner as may be prescribed. 4* - - - **35. Madras Legislative Council.―(1) In the Legislative Council of Madras, as from the appointed** day, there shall be [5][50] seats of which— (a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171 shall be [6][16, 6 and 4] respectively; (b) the number to be filled by persons elected by the members of the Legislative Assembly in accordance with the provisions of sub-clause (d) of the said clause shall be 16; and (c) the number to be filled by persons nominated by the Governor in accordance with the provisions of sub-clause (e) of that clause shall be 8. (2) As from the appointed day, the Delimitation of Council Constituencies (Madras) Order, 1951 shall have effect subject to the modifications directed by the Second Schedule, and in the said Order,― (a) any reference to the State of Madras shall be construed as including the territory added to that State by section 4 and as excluding the territory which ceases to be part of that State by virtue of section 5, section 6 or section 7; (b) any reference to Tirunelveli district shall be construed as including the territory added to that district by section 4; and (c) any reference to Coimbatore district shall be construed as excluding Kollegal taluk. (3) The two sitting members of the said Council representing the West Coast (Local Authorities) Constituency [7]***, and such two of the eighteen sitting members elected by the members of the 1. Subs. by Act 37 of 1957, s. 6, for “the appointed day” (w.e.f.18-9-1957). 2. Proviso omitted by s. 6, ibid. (w.e.f. 18-9-1957). 3. Subs. by s. 5, ibid., for “Until the said Council has been reconstituted in accordance with the provisions of sub-sections (4) and (5) of this section and summoned to meet for the first time” (w.e.f. 18-9-1957). 4. Omitted by s. 5, ibid. (w.e.f. 18-9-1957). 5. Subs. by Act 67 of 1956, s. 2, for “48” (w.e.f. 1-11-1956). 6. Subs. by s. 2, ibid., for “16, 4 and 4” (w.e.f. 1-11-1956). 7. The words and brackets “and such two of the six sitting members representing the Madras (Graduates) Constituency” omitted by s. 2, ibid. (w.e.f. 1-11-1956). 18 ----- Legislative Assembly, as the Chairman of the said Council shall by order specify, shall, on the appointed day, cease to be members of the said Council. (4) If, immediately before the appointed day, the total number of sitting members nominated by the Governor is nine, such one of them as the Governor shall by order specify shall, on the appointed day, cease to be a member of the said Council. (5) Save as provided by sub-section (3), every sitting member of the said Council representing a council constituency the extent of which is altered by virtue of sub-section (2) shall, as from the appointed day, be deemed to have been elected to the said Council by that constitutency as so altered. (6) As soon as may be after the appointed day, by-elections shall be held in all the local authorities constituencies to fill the vacancies existing on that day in the said Council. (7) In order that, as nearly as may be, one-third of the members of the said Council may retire on the 20th April, 1958, and on the expiration of every second year thereafter, the Governor shall after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the members elected under sub-section (6) and such modifications as he thinks fit in the terms of office of any of the sitting members. **36. Mysore Legislative Council.―(1) As from the appointed day there shall be a Legislative Council** for the new State of Mysore. (2) [1][Until otherwise provided by law], the said Council shall consist of— (a) all the sitting members of the Legislative Council of the existing State of Mysore, and (b) 12 members to represent the territories specified in clauses (b), (c), (d) and (e) of sub-section (1) of section 7 who shall be chosen in such manner as may be prescribed. 2* - - - **37. Punjab Legislative Council.―(1) As from the appointed day there shall be a Legislative Council** for the new State of Punjab. (2) [3][Until otherwise provided by law] the said Council shall consist of— (a) all the sitting members of the Legislative Council of the existing State of Punjab; and (b) six persons to be elected in such manner as may be prescribed by the members of the Legislative Assembly of the existing State of Patiala and East Punjab States Union from amongst persons who are not members of that Assembly. 4* - - - **38. Chairman and Deputy Chairman.―As from the appointed day until the first meeting of the** Legislative Council of the new State of Bombay, Mysore or Punjab, as the case may be, the persons who immediately before the appointed day are the Chairman and Deputy Chairman of the Legislative Council of the corresponding State shall be the Chairman and Deputy Chairman, respectively, of that Council. **39. Rules of procedure.―Until rules are made under clause (1) of article 208 by the Legislative** Council of the new State of Bombay, Mysore or Punjab, the rules as to procedure and conduct of business in force immediately before the appointed day with respect to the Legislative Council of the 1. Subs. by Act 37 of 1957, s. 8, for “Until the said Council has been reconstituted in accordance with the provisions of sub sections (3) and (4) of this section and summoned to meet for the first time” (w.e.f. 18-9-1957). 2. Omitted by s. 8, ibid. (w.e.f. 18-9-1957). 3. Subs. by s. 9, ibid., for certain words (w.e.f. 18-9-1957). 4. Omitted by s. 9, ibid. (w.e.f. 18-9-1957). 19 ----- corresponding State shall have effect in relation to the Legislative Council of the new State subject to such modifications and adaptations as may be made therein by the Chairman. _Delimitation of Constituencies_ **40. Allocation of seats in the House of the People and assignment of seats to State Legislative** **Assemblies.―The number of seats in the House of the People allotted to each of the States and the** number of seats assigned to the Legislative Assembly of each Part A State and of each Part B State other than Jammu and Kashmir by order of the Delimitation Commission under the Delimitation Commission Act, 1952 (81 of 1952) (hereinafter in this Part referred to as “the former Commission” and “the former Act”, respectively) shall be modified as shown in the Third Schedule. **41. Modification of the Scheduled Castes and Scheduled Tribes Orders.―As soon as may be** after the commencement of this Act, the President shall by order make such modifications in the Constitution (Scheduled Castes) Order, 1950, the Constitution (Scheduled Castes) (Part C States) Order, 1951, the Constitution (Scheduled Tribes) Order, 1950 and the Constitution (Scheduled Tribes) (Part C States) Order, 1951, as he thinks fit having regard to the territorial changes and formation of new States under the provisions of Part II. **42. Determination of population of Scheduled Castes and Scheduled Tribes.―(1) After the said** Orders have been so modified, the population as at the last census of the scheduled castes and of the scheduled tribes in the territory which, as from the appointed day, will be comprised in each of the States of Andhra Pradesh, Bombay, Kerala, Madhya Pradesh, Madras, Mysore, Punjab and Rajasthan, shall be ascertained or estimated by the census authority in such manner as may be prescribed and shall be notified by that authority in the Gazette of India. (2) The population figures so notified shall be taken to be the relevant population figures as ascertained at the last census and shall supersede any figures previously published. **43. Constitution of Delimitation Commission.―(1) As soon as may be after the commencement of** this Act, the Central Government shall constitute a Commission to be called the Delimitation Commission which shall consist of three members as follows:― (a) two members each of whom shall be a person who is, or has been, a Judge of the Supreme Court or of a High Court, to be appointed by the Central Government; and (b) the Chief Election Commissioner, ex officio. (2) The Central Government shall nominate one of the members appointed under clause (a) of sub-section (1) to be the Chairman of the Commission. **44. Duties of the Commission.―It shall be the duty of the Commission—** (a) to determine on the basis of the population figures notified under section 42 the number of seats, if any, to be reserved for the scheduled castes and scheduled tribes of each of the States mentioned in that section in the House of the People and in the Legislative Assembly of the State, having regard to the relevant provisions of the Constitution and of this Act; (b) to determine the parliamentary and assembly constituencies into which each new State shall be divided, the extent of, and the number of seats to be allotted to each such constituency, and the number of seats, if any, to be reserved for the scheduled castes and the scheduled tribes of the State in each such constituency; and (c) to revise or cancel any of the orders of the former Commission made under section 8 of the former Act so as to provide, having regard to the provisions of the Constitution and of this Act, for a proper delimitation of all parliamentary and assembly constituencies. 20 ----- **45. Associate members.―(1) For the purpose of assisting the Commission in the performance of its** functions under clause (b) of section 44, the Commission shall associate with itself in respect of each new State such five persons as the Central Government shall by order specify, being persons who are members either of the House of the People or of the Legislative Assembly of an existing State: Provided that such persons shall be chosen, so far as practicable, from among those members who were associated with the former Commission in delimiting constituencies in any part of the territories of the new State. (2) None of the associate members shall have a right to vote or to sign any decision of the Commission. **46. Casual vacancies.―If, owing to death or resignation, the office of the Chairman or of a member** or of an associate member falls vacant, it shall be filled as soon as may be practicable by the Central Government in accordance with the provisions of section 43 or, as the case may be, of section 45. **47. Procedure as to delimitation.―(1) The provisions of section 7 of the former Act shall apply in** relation to the Commission as it applied in relation to the former Commission; and in determining the matters referred to in clauses (b) and (c) of section 44, the Commission shall have regard to the provisions contained in clauses (a) to (e) of sub-section (2) of section 8 of the former Act. (2) After determining all the matters referred to in section 44, the Commission shall prepare an order, to be known as the Delimitation of Parliamentary and Assembly Constituencies Order, 1956 and send authenticated copies thereof to the Central Government and to each of the State Governments; and thereupon, that Order shall supersede all the orders made by the former Commission and have the full force of law and shall not be called in question in any Court. (3) As soon as may be after the said Order is received by the Central Government or a State Government, it shall be laid before the House of the People or, as the case may be, the Legislative Assembly of the State. (4) Subject to the provisions of sub-section (5), the readjustment of the representation of the several constituencies in the House of the People or in the Legislative Assembly of a State and the delimitation of those constituencies provided for in the said Order shall apply in relation to every election to the House of the People or to the Legislative Assembly of a State, as the case may be, held after the appointed day, and shall so apply in supersession of the provisions contained in any other law. (5) Nothing in this section shall affect the representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the House or the Assembly, as the case may be, existing or brought into existence on the appointed day. (6) At any time within six months of the date of the said Order, any printing mistake found therein and any other error arising therein from an accidental slip or omission may be corrected by the Chief Election Commissioner by order published in the Gazette of India. **48. Special provision as to certain elections.―Where any election is held during the year** commencing on the appointed day to fill a seat or seats in the Council of States allotted to a new or reorganised State or a seat or seats in the Legislative Assembly or Legislative Council, if any, of such State, any person who is for the time being an elector for a parliamentary constituency or assembly constituency in any of the connected States, shall, for the purpose of sub-section (1) of section 3, clause (c) of section 5 or sub-section (1) of section 6, as the case may be, of the Representation of the People Act, 1951 (43 of 1951), be deemed to be an elector for a parliamentary constituency or assembly constituency, as the case may be, of that new or reorganised State. _Explanation.―In this section “new or reorganised State” means any of the States specified in the first_ column of the following Table, and “connected States”, in relation to a new or reorganised State, means the States specified against that new or reorganised State in the second column: 21 ----- _New or reorganised State_ _Connected States_ 1. Andhra Pradesh . . Bombay and Mysore 2. Bombay . . . . Andhra Pradesh, Madhya Pradesh, and Mysore 3. Kerala . . . . Madras 4. Madhya Pradesh . . Bombay 5. Madras . . . . Kerala and Mysore 6. Mysore . . . . Andhra Pradesh, Bombay, and Madras. PART V HIGH COURTS **49. High Courts for the new States.―(1) The High Courts exercising immediately before the** appointed day jurisdiction in relation to the existing States of Bombay, Madhya Pradesh, and Punjab shall, as from the appointed day, be deemed to be the High Courts for the new States of Bombay, Madhya Pradesh and Punjab, respectively. (2) As from the appointed day, there shall be established a High Court for each of the new States of Kerala, Mysore and Rajasthan. **50. Abolition of certain Courts.―(1) As from the appointed day, the High Courts of all the existing** Part B States, except Jammu and Kashmir, and the Courts of the Judicial Commissioners for Ajmer, Bhopal, Kutch and Vindhya Pradesh shall cease to function and are hereby abolished. (2) Nothing in sub-section (1) shall prejudice or affect the continued operation of any notice served, injunction issued, direction given or proceedings taken before the appointed day by any of the Courts abolished by that sub-section under the powers then conferred upon that Court. (3) Every such Judge of a High Court abolished by sub-section (1) as the President after consultation with the Chief Justice of India may, by order made before the appointed day, specify shall, as from that day, become a Judge, or if so specified the Chief Justice, of such High Court as the President may in that order specify. **51. Principal seat and other places of sitting of High Courts for new States.―(1) The principal** seat of the High Court for a new State shall be at such place as the President may, by notified order, appoint. (2) The President may, after consultation with the Governor of a new State and the Chief Justice of the High Court for that State, by notified order, provide for the establishment of a permanent bench or benches of that High Court at one or more places within the State other than the principal seat of the High Court and for any matters connected therewith. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judges and division courts of the High Court for a new State may also sit at such other place or places in that State as the Chief Justice may, with the approval of the Governor, appoint. **52. Jurisdiction of High Courts for new States.―The High Court for a new State shall have, in** respect of any part of the territories included in that new State, all such original, appellate and other jurisdiction as, under the law in force immediately before the appointed day, is exercisable in respect of that part of the said territories by any High Court or Judicial Commissioner's Court for an existing State. **53. Power to enrol advocates, etc.―(1) The High Court for a new State shall have the like powers** to approve, admit, enrol, remove and suspend advocates and attorneys, and to make rules with respect to 22 ----- advocates and attorneys as are, under the law in force immediately before the appointed day, exercisable by the High Court for the corresponding State. (2) The right of audience in the High Court for a new State shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the High Court for the corresponding State: Provided that, subject to any rule made or direction given by the High Court for a new State in exercise of the power conferred by this section, any person who, immediately before the appointed day, is an advocate entitled to practise, or an attorney entitled to act in any such High Court or Judicial Commissioner's Court as may be specified in this behalf by the Chief Justice of the High Court for the new State, shall be recognised as an advocate or an attorney entitled to practise or to act, as the case may be, in the High Court for the new State. **54. Practice and procedure.―Subject to the provisions of this Part, the law in force immediately** before the appointed day with respect to practice and procedure in the High Court for the corresponding State shall, with the necessary modifications, apply in relation to the High Court for a new State, and accordingly, the High Court for the new State shall have all such powers to make rules and orders with respect to practice and procedure as are, immediately before the appointed day exercisable by the High Court for the corresponding State: Provided that any rules or orders which are in force immediately before the appointed day with respect to practice and procedure in the High Court for the corresponding State shall, until varied or revoked by rules or orders made by the High Court for a new State, apply with the necessary modifications in relation to practice and procedure in the High Court for the new State as if made by that Court. **55. Custody of seal of the High Court.―The law in force immediately before the appointed day** with respect to the custody of the seal of the High Court for the corresponding State shall, with the necessary modifications, apply with respect to the custody of the seal of the High Court for a new State. **56. Form of writs and other processes.―The law in force immediately before the appointed day** with respect to the form of writs and other processes used, issued or awarded by the High Court for the corresponding State shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the High Court for a new State. **57. Powers of Judges.―The law in force immediately before the appointed day relating to the** powers of the Chief Justice, single Judges and division courts of the High Court for the corresponding State and with respect to matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the High Court for a new State. **58. Procedure as to appeals to the Supreme Court.―The law in force immediately before the** appointed day relating to appeals to the Supreme Court from the High Court for the corresponding State and the Judges and division courts thereof shall, with the necessary modifications, apply in relation to the High Court for a new State. **59. Transfer of proceedings to Bombay High Court.―(1) Except as hereinafter provided, the High** Court at Nagpur (which on the appointed day becomes the High Court for the new State of Madhya Pradesh and is referred to in this Act as the High Court of Madhya Pradesh) shall, as from that day, have no jurisdiction in respect of the territory transferred from the existing State of Madhya Pradesh to the new State of Bombay. (2) Such proceedings pending in the High Court at Nagpur or the High Court of Hyderabad immediately before the appointed day as are certified by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the High Court for the new State of Bombay (referred to in this Act as 23 ----- the High Court of Bombay) shall, as soon as may be after such certification, be transferred to the High Court of Bombay. (3) All proceedings pending in the High Court of Saurashtra or in the Court of the Judicial Commissioner for Kutch immediately before the appointed day shall stand transferred to the High Court of Bombay. (4) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court of Madhya Pradesh shall have, and the High Court of Bombay shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any orders passed by the High Court at Nagpur before the appointed day: Provided that if after any such proceedings have been entertained by the High Court of Madhya Pradesh it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Bombay, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. (5) Any order made before the appointed day by any Court referred to in sub-section (2) or sub-section (3) in any proceedings transferred to the High Court of Bombay by virtue of sub-section (2) or sub-section (3) shall for all purposes have effect, not only as an order of that Court, but also as an order of the High Court of Bombay; and any order made by the High Court of Madhya Pradesh in any proceedings with respect to which that Court retains jurisdiction by virtue of sub-section to (4) shall for all purposes have effect, not only as an order of that High Court, but also as an order of the High Court of Bombay. **60. Extension of jurisdiction of, and transfer of proceedings to, Kerala High Court.―(1) As** from the appointed day the jurisdiction of the High Court for the State of Kerala (referred to in this Act as the High Court of Kerala) shall extend to the [1][Union territory] of the Laccadive, Minicoy and Amindivi Islands. (2) Except as hereinafter provided, the High Court at Madras shall, as from the appointed day, have no jurisdiction in respect of the said [1][Union territory] or in respect of any territory transferred from the State of Madras to the State of Kerala. (3) Such proceedings pending in the High Court at Madras immediately before the appointed day as are certified by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the High Court of Kerala shall, as soon as may be after such certification, be transferred to the High Court of Kerala. (4) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court at Madras shall have, and the High Court of Kerala shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court at Madras before the appointed day: Provided that if after any such proceedings have been entertained by the High Court at Madras it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Kerala, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. 1. Subs. by the Adaptation of Laws (No. 1) Order, 1956, for “Part C State”. 24 ----- (5) Any order made by the High Court at Madras— (a) before the appointed day in any proceedings transferred to the High Court of Kerala by virtue of sub-section (3); or (b) in any proceedings with respect to which the High Court at Madras retains jurisdiction by virtue of sub-section (4), shall for all purposes have effect, not only as an order of the High Court at Madras, but also as an order made by the High Court of Kerala. (6) All proceedings pending in the High Court of Travancore-Cochin immediately before the appointed day other than those certified by the Chief Justice of that High Court under sub-section (2) of section 66 shall stand transferred to the High Court of Kerala, and any order made before the appointed day by the first mentioned High Court in any such proceedings shall for all purposes have effect, not only as an order of that High Court, but also as an order of the High Court of Kerala. **61. Transfer of proceedings to Madhya Pradesh High Court.―(1) Such proceedings pending in** the High Court of the existing State of Rajasthan immediately before the appointed day as are certified by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the High Court of Madhya Pradesh shall, as soon as may be after such certification, be transferred to the High Court of Madhya Pradesh. (2) All proceedings pending in the High Court of Madhya Bharat or in the Court of the Judicial Commissioner for Bhopal or in the Court of the Judicial Commissioner for Vindhya Pradesh, immediately before the appointed day, shall stand transferred to the High Court of Madhya Pradesh. (3) Any order made before the appointed day by any Court referred to in sub-section (1) or sub-section (2) shall for all purposes have effect not only as an order of that Court but also as an order of the High Court of Madhya Pradesh. **62. Transfer of proceedings to Mysore High Court.―(1) Except as hereinafter provided, neither** the High Court of Bombay nor the High Court at Madras shall, as from the appointed day, have jurisdiction in respect of any territory transferred from the existing State of Bombay or the State of Madras, as the case may be, to the new State of Mysore. (2) Such proceedings pending in the High Court of Hyderabad or the High Court at Bombay or Madras, immediately before the appointed day, as are certified by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the High Court for the new State of Mysore (referred to in this Act as the High Court of Mysore) shall, as soon as may be after such certification, be transferred to the High Court of Mysore. (3) Notwithstanding anything contained in sub-sections (1) and (2) but save as hereinafter provided, the High Court of Bombay or, as the case may be, the High Court at Madras shall have, and the High Court of Mysore shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court at Bombay or Madras before the appointed day: Provided that if after any such proceedings have been entertained by the High Court of Bombay or at Madras it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Mysore, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly. 25 ----- (4) Any order made by the High Court of Hyderabad before the appointed day in any proceedings transferred to the High Court of Mysore by virtue of sub-section (2) shall, for all purposes, have effect not only as an order of the High Court of Hyderabad, but also as an order made by the High Court of Mysore. (5) Any order made by the High Court at Bombay or Madras— (a) before the appointed day in any proceedings transferred to the High Court of Mysore by virtue of sub-section (2), or (b) the said High Court shall be known as the High Court of Bombay or at Madras retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect not only as an order of the High Court of Bombay or at Madras, but also as an order of the High Court of Mysore. (6) All proceedings pending in the High Court of the existing State of Mysore immediately before the appointed day, shall stand transferred to the High Court of Mysore; and any order made before the appointed day by the first mentioned High Court in any such proceedings shall for all purposes have effect, not only as an order of that High Court, but also as an order of the High Court of Mysore. **63. Transfer of proceedings to Punjab High Court.―(1) All proceedings pending in the High** Court of Patiala and East Punjab States Union immediately before the appointed day shall stand transferred to the High Court for the new State of Punjab (referred to in this Act as the High Court of Punjab). (2) Any order made before the appointed day by the High Court of Patiala and East Punjab States Union shall for all purposes have effect, not only as an order of that Court, but also as an order made by the High Court of Punjab. **64. Transfer of proceedings to Rajasthan High Court.―(1) As from the appointed day, the High** Court of Bombay shall have no jurisdiction in respect of the territory transferred from the existing State of Bombay, to the new State of Rajasthan. (2) Such proceedings pending in the High Court at Bombay or the High Court of Madhya Bharat immediately before the appointed day as are certified by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the High Court for the new State of Rajasthan (referred to in this Act as the High Court of Rajasthan) shall, as soon as may be after such certification, be transferred to the High Court of Rajasthan. (3) All proceedings pending in the High Court of the existing State of Rajasthan immediately before the appointed day other than those certified under sub-section (1) of section 61 and all proceedings pending in the Court of the Judicial Commissioner for Ajmer immediately before the appointed day shall stand transferred to the High Court of Rajasthan. (4) Any order made before the appointed day by any Court referred to in sub-section (2) or sub-section (3) in any proceedings transferred to the High Court of Rajasthan by virtue of sub-section (2) or sub-section (3) shall, for all purposes, have effect not only as an order of that Court, but also as an order of the High Court of Rajasthan. **65. High Court of Andhra Pradesh.―(1) As from the appointed day,―** (a) the jurisdiction of the High Court of the existing State of Andhra shall extend to the whole of the territories transferred to that State from the existing State of Hyderabad; (b) the said High Court shall be known as the High Court of Andhra Pradesh; and (c) the principal seat of the said High Court shall be at Hyderabad. 26 ----- (2) All proceedings pending in the High Court of Hyderabad immediately before the appointed day, other than those certified by the Chief Justice of that High Court under sub-section (2) of section 59 or under sub-section (2) of section 62, shall stand transferred to the High Court of Andhra Pradesh. (3) Any order made by the High Court of Hyderabad before the appointed day in any proceedings transferred to the High Court of Andhra Pradesh by virtue of sub-section (2) shall, for all purposes, have effect not only as an order of the High Court of Hyderabad but also as an order made by the High Court of Andhra Pradesh. (4) Any person who, immediately before the appointed day, is an advocate entitled to practise in the High Court of Hyderabad shall, as from the appointed day, be recognised as an advocate entitled to practise in the High Court of Andhra Pradesh: Provided that if any such person makes, within one year from the appointed day, an application to the High Court of Bombay or to the High Court of Mysore for being recognised as an advocate entitled to practise in that High Court, he shall be so recognised, and on such recognition, he shall cease to be recognised as an advocate entitled to practise in the High Court of Andhra Pradesh. **66. High Court for the areas added to Madras.―(1) Except as hereinafter provided the jurisdiction** of the High Court at Madras shall, as from the appointed day, extend to the whole of the territories transferred to the State of Madras from the State of Travancore-Cochin. (2) Such proceedings pending in the High Court of Travancore-Cochin immediately before the appointed day as are certified before that day by the Chief Justice of that High Court having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the High Court at Madras shall, as soon as may be after such certification, be transferred to the High Court at Madras. (3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court of Kerala shall have, and the High Court at Madras shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the High Court of Travancore-Cochin before the appointed day: Provided that if, after any such proceedings have been entertained by the High Court of Kerala, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court at Madras, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. (4) Any order made— (a) by the High Court of Travancore-Cochin before the appointed day in any proceedings transferred to the High Court at Madras by virtue of sub-section (2); or (b) by the High Court of Kerala in any proceedings with respect to which that High Court retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect, not only as an order of the High Court of Travancore-Cochin or the High Court of Kerala, as the case may be, but also as an order made by the High Court at Madras. (5) Subject to any rule made or direction given by the High Court at Madras, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court of TravancoreCochin as may be specified in this behalf by the Chief Justice of the High Court at Madras having regard to the transfer of territories from Travancore-Cochin to Madras, shall be recognised as an advocate entitled to practise in the High Court at Madras. **67. Right to appear or act in proceedings transferred to other High Courts.―Any person who** immediately before the appointed day is an advocate entitled to practise, or an attorney entitled to act, in 27 ----- the High Court for an existing State and was authorised to appear or to act in any proceedings transferred from that High Court to any other High Court under any of the foregoing provisions of this Part shall have the right to appear or to act, as the case may be, in the other High Court in relation to those proceedings **68. Interpretation.―For the purposes of sections 59 to 66―** (a) proceedings shall be deemed to be pending in a Court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; (b) references to a High Court shall be construed as including references to a Judge or division court thereof, and references to an order made by a Court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that Court or Judge. **69. Savings.―Nothing in this Part shall affect the application to the High Court for a new State of** any provisions of the Constitution, and this Part shall have effect subject to any provision that may be made on or after the appointed day with respect to that High Court by any Legislature or other authority having power to make such provision. PART VI AUTHORISATION OF EXPENDITURE **70. Authorisation of expenditure of new States.―In the case of every new State, the Governor or** Rajpramukh of the corresponding State may at any time before the appointed day authorise such expenditure from the Consolidated Fund of the new State as he deems necessary for any period not extending beyond the 31st day of March, 1957: Provided that the Governor of the new State may, after the appointed day, authorise such further expenditure from the Consolidated Fund of the State as he deems necessary for the said period. **71. Appropriation of moneys for expenditure in transferred territories under existing** **Appropriation Acts.―(1) As from the appointed day, any Act passed by the Legislature of the State of** Andhra or Madras before that day for the appropriation of any money out of the Consolidated Fund of the State to meet any expenditure in respect of any part of the financial year 1956-57 shall have effect also in relation to the transferred territory in that State, and it shall be lawful for the State Government to spend any amount in such transferred territory out of the amount authorised by such Act to be expended for any service in that State. (2) The Governor of Andhra Pradesh or of Madras may, after the appointed day, authorise such expenditure from the Consolidated Fund of the State as he deems necessary for any purpose or service in the transferred territory of the State for any period not extending beyond the 31st day of March, 1957. **72. Reports relating to the accounts of certain States.―(1) Where the whole or any part of the** territory of an existing State has been transferred to another existing State or to a new State by the provisions of Part II, the reports of the Comptroller and Auditor-General of India referred to in clause (2) of article 151 relating to the accounts of that existing State in respect of any period prior to the appointed day, shall be submitted to the Governor of such State or of each of such States as the President may be order specify and the Governor shall thereupon cause them to be laid before the Legislature of that State. (2) The President may by order— (a) declare any expenditure incurred out of the Consolidated Fund of Bombay, Madhya Pradesh or Punjab or of any Part B or Part C State on any service during the financial year 1955-56 or any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in sub-section (1) to have been duly authorised, and (b) provide for any action to be taken on any matter arising out of the said reports. 28 ----- **73. Allowances and privileges of Governors of certain States.―The allowances and privileges of** the Governor of Andhra Pradesh or of Madras or of each new State shall, until provision in that behalf is made by Parliament by law under clause (3) of article 158, be such as the President may, by order, determine. **74. Distribution of revenues.―(1) Section 3 of the Union Duties of Excise (Distribution) Act, 1953** (3 of 1953) and paragraphs 3 and 5 of the Constitution (Distribution of Revenues) Order, 1953, shall, in respect of the financial year 1956-57, have effect in the modified form set out in the Fourth Schedule. (2) There shall be charged on the Consolidated Fund of India in respect of each of the three financial years 1957-58, 1958-59 and 1959-60 as grants-in-aid of— (a) the State of Bombay, the sum, if any, by which 8.58 per cent. of the total of the amounts payable to that State under articles 270 and 272 falls short of 248.04 lakhs of rupees; (b) the State of Kerala, the sum, if any, by which 61.91 per cent. of the total of the amounts payable to that State under the said articles falls short of 232.38 lakhs of rupees; (c) the State of Madras, the sum, if any, by which 2.97 per cent. of the total of the amounts payable to that State under the said articles falls short of 24.65 lakhs of rupees; (d) the State of Mysore, the sum, if any, by which 46.75 per cent. of the total of the amounts payable to that State under the said articles falls short of 289.80 lakhs of rupees. PART VII APPORTIONMENT OF ASSETS AND LIABILITIES OF CERTAIN PART A AND PART B STATES **75. Application of Part.―The provisions of this Part shall apply in relation to the apportionment of** the assets and liabilities immediately before the appointed day of every Part A or Part B State the whole or any part of whose territories is transferred to another State or becomes [1][Union territory] by virtue of the provisions of Part II; and the expression “existing State” shall accordingly be construed to mean any such Part A State or Part B State. **76. Land and goods.―(1) Subject to the other provisions of this Part, all land and all stores, articles** and other goods belonging to an existing State shall— (a) if within the existing State, pass to the successor State in which they are situated; or (b) if outside the existing State, pass to the successor State or if there be two or more successor States, to the principal successor State: Provided that where there are two or more successor States and the Central Government is of opinion that any goods or class of goods should be distributed among them otherwise than according to the situation of the goods, the Central Government may issue such directions as it thinks fit for a just and equitable distribution of the goods and the goods shall pass to the successor States accordingly. (2) Any unissued stores of any class in an existing State shall pass to the successor State, or if there be two or more successor States, shall be divided between them in proportion to the total indents for stores of that class made in the period of three years ending with the 31st day of March, 1956, for the territories of the existing State included respectively in each of those successor States excluding the indents relating to the Secretariat and offices of Heads of Departments having jurisdiction over the whole of the existing State: 1. Subs. by the Adaptation of Laws (No. 1) Order, 1956, for “Part C State”. 29 ----- Provided that nothing in this sub-section shall apply to stores held for specific purposes, such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction. (3) In this section, the expression “land” includes immovable property of every kind and any rights in or over such property, and the expression “goods” does not include coins, bank notes and currency notes. **77. Treasury and bank balances.―The total of the cash balances in all treasuries of an existing** State and the credit balances of that State with the Reserve Bank of India immediately before the appointed day shall pass to the successor State, or, if there be two or more successor States, be divided between them according to the population ratio: Provided that for the purpose of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the credit balances of the successor States in the books of the Reserve Bank of India on the appointed day: Provided further that if any successor State has no account with the Reserve Bank of India the adjustment shall be made in such manner as the Central Government may by order direct. **78. Arrears of taxes.―The right to recover arrears of any tax or duty on property, including arrears** of land revenue, shall belong to the successor State in which the property is situated, and the right to recover arrears of any other tax or duty shall belong to the successor State in whose territories the place of assessment of that tax or duty is included. **79. Right to recover loans and advances.―(1) The right to recover any loans or advances made** before the appointed day by an existing State to any local body, society, agriculturist or other person in an area within that State shall belong to the successor State in which that area is included. (2) The right to recover any loans or advances made before the appointed day by an existing State to any person or institution outside that State shall belong to the successor State or, if there be two or more successor States, to the principal successor State: Provided that where there are two or more successor States, any sum recovered in respect of any such loan or advance shall be divided between all the successor States according to the population ratio. **80. Credits in certain funds.―The investments in the cash balance investments account, the famine** relief fund and the general fund of an existing State and the sums at the credit of an existing State in the central road fund shall pass to the successor State or, if there be two or more successor States, be divided between them according to the population ratio; and the investments in any special fund the objects of which are confined to a local area in an existing State shall pass to the successor State in which that area is included. **81. Assets and liabilities of State undertakings.―(1) The assets and liabilities relating to any** commercial or industrial undertaking of an existing State shall pass to the successor State in which the undertaking is located. (2) Where a depreciation reserve fund is maintained by an existing State for any commercial or industrial undertaking, the securities held in respect of investments made from that fund shall pass to the successor State in which the undertaking is located. **82. Public debt.―(1) The public debt of the existing State of Hyderabad attributable to loans raised** by the issue of Government securities and outstanding with the public immediately before the 31st day of October, 1956, shall as from that day be the debt of the Union, and immediately on such transfer of the debt, the Central Government shall be deemed to have made a loan to that State of an amount equal to the debt so transferred on the same terms in regard to interest and repayment as are applicable to the loans so raised by that State. 30 ----- (2) The public debt of any other existing State attributable to loans raised by the issue of Government securities and outstanding with the public immediately before the appointed day shall, as from that day, be the debt of the successor State or, if there be two or more successor States, be the debt of such one of them as the Central Government may, by order, specify; and in the latter case,― (a) the other successor States shall be liable to pay to the successor State so specified their shares of the sums due from time to time for the servicing and repayment of the debt, and (b) for the purpose of determining the said shares, the debt shall be deemed to be divided between the successor States as if it were a debt referred to in sub-section (3). (3) The public debt of an existing State attributable to loans taken from the Central Government, the Reserve Bank of India or any other bank before the appointed day, including in the case of Hyderabad the loan deemed to have been made by the Central Government under sub-section (1), shall pass to the successor State, or if there be two or more successor States, be divided between them in proportion to the total expenditure on all capital works and other capital outlays incurred up to the appointed day in the territories of the existing State included respectively in each of those successor States: Provided that for the purposes of such division, only expenditure on assets for which capital accounts have been kept shall be taken into account: Provided further that any loan taken from the Central Government by the Government of an existing State before the appointed day in connection with the construction of buildings, roads or other works for the capital of a new State or any State affected by the provisions of Part II or for purposes incidental thereto shall, to the extent of the expenditure so incurred until that day, be wholly the liability of the successor State in which the capital is included. (4) Where a sinking fund or depreciation fund is maintained by an existing State for the repayment of any loan raised by it, the securities held in respect of investments made from that fund shall pass to the successor State or, if there be two or more successor States, be divided between them in the same proportion as the public debt referred to in sub-section (3). (5) In this section, the expression “Government security” means a security created and issued by a State Government for the purpose of raising a public loan and having any of the forms specified in, or prescribed under, clause (2) of section 2 of the Public Debt Act, 1944 (18 of 1944). **83. Refund of taxes collected in excess.―The liability of an existing State to refund any tax or duty** on property, including land revenue, collected in excess shall be the liability of the successor State in which the property is situated, and the liability of an existing State to refund any other tax or duty collected in excess shall be the liability of the successor State in whose territories the place of assessment of that tax or duty is included. **84. Deposits.―The liability of an existing State in respect of any civil deposit or local fund deposit** shall, as from the appointed day, be the liability of the successor State in whose area the deposit has been made. **85. Provident funds.―The liability of an existing State in respect of the provident fund account of a** Government servant in service on the appointed day shall, as from that day, be the liability of the successor State to which that Government servant is permanently allotted. **86. Pensions.―The liability of the existing States in respect of pensions shall pass to, or be** apportioned between, the successor States in accordance with the provisions contained in the Fifth Schedule. **87. Contracts.―(1) Where before the appointed day an existing State has made any contract in the** exercise of its executive power for any purposes of the State, that contract shall be deemed to have been made in the exercise of the executive power— 31 ----- (a) if there be only one successor State,―of that State; (b) if there be two or more successor States and the purposes of the contract are, as from the appointed day, exclusively purposes of any one of them,―of that State; and (c) if there be two or more successor States and the purposes of the contract are, as from that day, not exclusively purposes of any one of them,―of the principal successor State; and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they would have been rights or liabilities of the existing State, be rights or liabilities of the successor State or the principal successor State specified above: Provided that in any such case as is referred to in clause (c), the initial allocation of rights and liabilities made by this sub-section shall be subject to such financial adjustment as may be agreed upon between all the successor States concerned, or in default of such agreement, as the Central Government may by order direct. (2) For the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract— (a) any liability to satisfy an order or award made by any Court or other tribunal in proceedings relating to the contract; and (b) any liability in respect of expenses incurred in or in connection with any such proceedings. (3) This section shall have effect subject to the other provisions of this Part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations; and bank balances and securities shall notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions. **88. Liability in respect of actionable wrong.―Where, immediately before the appointed day, an** existing State is subject to any liability in respect of an actionable wrong other than breach of contract, that liability shall— (a) if there be only one successor State, be a liability of that State; (b) if there be two or more successor States and the cause of action arose wholly within the territories which as from that day are the territories of one of them, be a liability of that successor State; and (c) in any other case, be initially a liability of the principal successor State, but subject to such financial adjustment as may be agreed upon between all the successor States concerned, or in default of such agreement, as the Central Government may by order direct. **89. Liability as guarantor of co-operative society.―Where, immediately before the appointed day,** an existing State is liable as guarantor in respect of any liability of a registered co-operative society, that lability of the existing State shall— (a) if there be only one successor State, be a liability of that State; (b) if there be two or more successor States and the area of the society's operations is limited to the territories which as from that day are the territories of one of them, be a liability of that successor State; and (c) in any other case, be a liability of the principal successor State: Provided that in any such case as is referred to in clause (c), the initial allocation of liabilities under this section shall be subject to such financial adjustment as may be agreed upon between all the successor States, or in default of such agreement, as the Central Government may by order direct. 32 ----- **90. Items in suspense.―If any item in suspense is ultimately found to affect an asset or liability of** the nature referred to in any of the foregoing provisions of this Part, it shall be dealt with in accordance with that provision. **91. Residuary provision.―The benefit or burden of any assets or liabilities of an existing State not** dealt with in the foregoing provisions of this Part shall— (a) if there be only one successor State, pass to that State, and (b) if there be two or more successor States, pass to the principal successor State in the first instance, subject to such financial adjustment as may be agreed upon between all the successor States, before the 1st day of October, 1957, or in default of such agreement, as the Central Government may be order direct. **92. Power of the Central Government to order allocation or adjustment in certain** **cases.―Where by virtue of any of the provisions of this Part, any of the successor States becomes entitled** to any property or obtains any benefits or becomes subject to any liability, and the Central Government is of opinion, on a reference made within a period of three years from the appointed day by any State that it is just and equitable that property or those benefits should be transferred to or shared with, one or more of the other successor States, or that a contribution towards that liability should be made by one or more of the other successor States, the said property or benefits shall be allocated in such manner, or the other successor State or States shall make to the State primarily subject to the liability such contribution in respect thereof, as the Central Government may, after consultation with the State Governments concerned by order determine. **93. Certain expenditure to be charged on the Consolidated Fund.―All sums payable by the** Union to any State or by any State to any other State or to the Union by virtue of the provisions of this Part shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State by which such sums are payable. PART VIII APPORTIONMENT OF CERTAIN ASSETS AND LIABILITIES OF THE UNION **94. Definitions.―In this Part,―** (a) “existing State” means any of the existing Part C States of Ajmer, Bhopal, Coorg, Kutch and Vindhya Pradesh; (b) “Union purposes” mean the purposes of Government relatable to any of the matters mentioned in the Union List. **95. Passing of certain assets and liabilities of the Union to successor States.―Subject to the other** provisions of this Part— (a) such of the assets of the Union within an existing State as are immediately before the appointed day held by the Union for purposes of the governance of that State shall, as from that day, pass to the successor State, unless the purposes for which the assets are so held are Union purposes; and (b) all liabilities of the Union arising out of, or in relation to, the governance of an existing State shall, as from the appointed day, be liabilities of the successor State, unless the liabilities are relatable to a Union purpose. **96. Arrears of taxes.―The right to recover arrears of any tax (including land revenue) due in an** existing State, being a tax enumerated in the State List, shall pass to the successor State. 33 ----- **97. Loans and advances.―The right to recover any loans or advances made before the appointed** day to any local body, society, agriculturist or other person in an existing State shall belong to the successor State unless the loan or advance was made in connection with a Union purpose. **98. Debts due to Central Government.―Any debt of an existing State attributable to any loan given** by the Central Government on or after the 1st day of April, 1954, and outstanding immediately before the appointed day shall be a debt due by the successor State to the Central Government. **99. Provident fund.―The liability of the Union in respect of the provident fund account of a** Government servant serving immediately before the appointed day in an existing State under the administrative control of the Lieutenant-Governor or Chief Commissioner thereof shall, as from that day, be the liability of the successor State: Provided that the Central Government shall transfer to the successor State funds equal to the liability of the Union as on the appointed day. **100. Pensions.―Where a Government servant under the administrative control of the Lieutenant-** Governor or Chief Commissioner of an existing State has, before the appointed day, retired or proceeded on leave preparatory to retirement, any outstanding claim in respect of his pension shall be settled by the successor State; but the liability in respect of the pension sanctioned to any such Government servant, whether before or after the appointed day, shall be the liability of the Union. **101. Contracts.―(1) Any contract made before the appointed day by the Union in the exercise of its** executive power for purposes of the governance of an existing State shall, as from that day, be deemed to have been made in the exercise of the executive power of the successor State, unless the purposes of the contract are Union purposes; and all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they would have been rights and liabilities of the Union if this Act had not been passed, be rights and liabilities of the successor State. (2) The provisions of sub-sections (2) and (3) of section 87 shall apply in relation to any such contract as they apply in relation to a contract to which sub-section (1) of that section applies. PART IX PROVISIONS AS TO CERTAIN CORPORATIONS AND INTER-STATE AGREEMENTS AND ARRANGEMENTS **102. Provision as to certain State Financial Corporations.―(1) As from the appointed day, the** Financial Corporations established under the State Financial Corporations Act, 1951 (63 of 1951), for the existing States of Madhya Bharat, Punjab, Rajasthan and Travancore-Cochin shall be deemed to be the Financial Corporations established under the said Act for the new States of Madhya Pradesh, Punjab, Rajasthan and Kerala, respectively. (2) The States of Kerala, Madhya Pradesh and Rajasthan shall be liable to pay to the States of Madras, Rajasthan and Madhya Pradesh, respectively, on account of the share of each of the last-named States in the paid-up capital of the Financial Corporations for the existing States of Travancore-Cochin, Madhya Bharat and Rajasthan, respectively, such amount as the Central Government may by order determine. (3) As from the appointed day, the Financial Corporations established under the State Financial Corporations Act, 1951 (63 of 1951), for the existing States of Andhra and Hyderabad shall stand amalgamated and shall be deemed to be the Financial Corporation established under the said Act for the State of Andhra Pradesh. (4) After consulting the Governments of the existing States of Andhra and Hyderabad, the Central Government may, before the appointed day, by notified order, provide for the constitution of the Board of Directors of the Financial Corporation for the State of Andhra Pradesh and for such consequential, 34 ----- incidental and supplemental matters as may, in the opinion of the Central Government, be necessary to give effect to the provisions of sub-section (3). (5) The State of Andhra Pradesh shall be liable to pay to each of the new States of Mysore and Bombay on account of its share of the paid-up capital of the Financial Corporation for the existing State of Hyderabad such amount as the Central Government may, by order, determine. (6) As from the appointed day, the Financial Corporations established under the State Financial Corporations Act, 1951 (63 of 1951), for the existing States of Bombay and Saurashtra shall stand amalgamated and shall be deemed to be the Financial Corporation established under the said Act for the new State of Bombay. (7) After consulting the Governments of the existing States of Bombay and Saurashtra, the Central Government may, before the appointed day, by notified order, provide for the constitution of the Board of Directors of the Financial Corporation for the new State of Bombay and for such consequential, incidental and supplemental matters as may, in the opinion of the Central Government, be necessary to give effect to the provisions of sub-section (6). (8) The new State of Bombay shall be liable to pay to each of the new States of Mysore and Rajasthan on account of its share of the paid-up capital of the Financial Corporation for the existing State of Bombay such amount as the Central Government may, by order, determine. **103. Provisions as to the Madras Industrial Investment Corporation.―(1) As from the appointed** day, the Madras Industrial Investment Corporation constituted for the existing State of Madras shall be deemed to have been constituted for that State with its area as altered by the provisions of Part II. (2) The State of Madras shall be liable to pay to each of the new States of Kerala and Mysore on account of its share of the paid-up capital of the said Corporation such amount as the Central Government may by order determine. **104. Amendment of Act 2 of 1934.―With effect from the appointed day, the following amendments** shall be made in the Reserve Bank of India Act, 1934 (2 of 1934), namely:― (1) in section 2, in the proviso to clause (f), for the words “any Central co-operative society in that State to be a State co-operative bank”, the words “any one or more co-operative societies carrying on business in that State to be a State co-operative bank or banks” shall be substituted. (2) in section 20,― (a) the words and letter “and the Governments of Part A States” shall be omitted; (b) for the words “their accounts respectively”, the words “its account” shall be substituted; (c) for the words “their exchange”, the words “its exchange” shall be substituted; (d) after the words “public debt”, the words “of the Union” shall be inserted; (3) in section 21,― (a) in sub-section (1),― (i) the words “and the State Governments” wherever they occur, shall be omitted; (ii) for the word “their”, at both places where it occurs, the word “its” shall be substituted; (iii) in the proviso, the words “or any State Government” shall be omitted, and for the word “they” the word “it” shall be substituted; (b) in sub-section (2), the words “and each State Government” shall be omitted; 35 ----- (c) for sub-section (4), the following sub-section shall be substituted, namely:― “(4) Any agreement made under this section shall be laid, as soon as may be after it is made, before Parliament”; and (d) sub-section (5), shall be omitted; (4) in sub-section (1) of section 21-A, the word and letter “Part B” shall be omitted; (5) after section 21-A, the following section shall be inserted, namely:― **21-B. Effect of agreements made between the Bank and certain States before the Ist** **November, 1956.―“(1) Any agreement made under section 21 or section 21-A between the** Bank and the Government of a State specified in the Explanation below and in force immediately before the Ist day of November, 1956, shall, as from that day have effect as if it were an agreement made on that day under section 21-A between the Bank and the Government of the corresponding State subject to such modifications, if any, being of a character not affecting the general operation of the agreement, as may be agreed upon between the Bank and the Government of the corresponding State, or in default of such agreement, as may be made therein by order of the Central Government. _Explanation.―In this sub-section “corresponding State” means,―_ (a) in relation to the agreement between the Bank and the State of Andhra, the State of Andhra Pradesh; (b) in relation to the agreement between the Bank and any other Part A State as it existed before the Ist day of November, 1956, the State with the same name; and (c) in relation to the agreement between the Bank and the Part B State of Mysore or Travancore-Cochin as it existed before the Ist day of November, 1956, the State of Mysore or Kerala respectively. (2) Any agreement made under section 21-A between the Bank and the Government of the Part B State of Hyderabad, Madhya Bharat or Saurashtra shall be deemed to have terminated on the 31st day of October, 1956.”. **105. Amendment of Act 6 of 1942.―In the Multi-Unit Co-operative Societies Act, 1942 (6 of 1942),** after section 5, the following sections shall be inserted, namely:― “5A. Transitional provisions regarding certain co-operative societies affected by **reorganisation of States.―(1) Where by virtue of the provisions of Part II of the States** Reorganisation Act, 1956, any co-operative society which, immediately before the Ist day of November, 1956, had its objects confined to one State becomes, as from that day, a multi-unit cooperative society, it shall be deemed to be a co-operative society to which this Act applies and shall be deemed to be actually registered in the State in which the principal place of business of the cooperative society is situated. (2) If it appears to the Central Registrar of Co-operative Societies necessary or expedient that any such society should be reconstituted or reorganised in any manner or that it should be dissolved, the Central Registrar may, with the approval of the Central Government, place before a meeting of the general body of the society held in such manner as may be prescribed by rules made under this Act, a scheme for the reconstitution, reorganisation or dissolution of the society, including proposals regarding the formation of new co-operative societies and the transfer thereto of the assets and liabilities of that society. (3) If the scheme is sanctioned by a resolution passed by a majority of the members present at the said meeting, either without modifications or with modifications to which the Central Registrar agrees, he shall certify the scheme and upon such certification, the scheme shall, notwithstanding anything to the contrary contained in any law, regulation or bye-law for the time being in force, be binding on all the societies affected by the scheme, as well as the shareholders and creditors of all such societies. 36 ----- (4) If the scheme is not sanctioned under sub-section (3), the Central Registrar may refer the scheme to such Judge of the appropriate High Court as may be nominated in this behalf by the Chief Justice thereof, and the decision of that Judge in regard to the scheme shall be final and shall be binding on all the societies affected by the scheme as well as the shareholders and creditors of all such societies. _Explanation.―In this sub-section “appropriate High Court” means the High Court within whose_ jurisdiction the principal place of business of the multi-unit co-operative society is situated. **5B. Power to delegate.―The Central Government may, by notification in the Official Gazette,** direct that any power or authority exercisable by the Central Registrar of Co-operative Societies under this Act shall, in relation to such matters and subject to such conditions as may be specified in the direction, be exercisable also by such Registrar of Co-operative Societies of a State or by such officer subordinate to the Central Government or to a State Government as may be specified in the notification.”. **106. Provision as to certain State Electricity Boards and apportionment of their assets and** **liabilities.―(1) The State Electricity Board constituted under the Electricity (Supply) Act, 1948 (54 of** 1948), for any of the existing States of Bombay, Madhya Pradesh and Saurashtra shall as from the appointed day continue to function in those areas in respect of which it was functioning immediately before that day, subject to the provisions of this section and to such directions as may from time to time be issued by the Central Government. (2) Any directions issued by the Central Government under sub-section (1) in respect of any such Board shall include a direction that the said Act shall in its application to that Board have effect subject to such exceptions and modifications as the Central Government thinks fit. (3) A State Electricity Board continued under sub-section (1) shall cease to function as from, and shall be deemed to be dissolved on, the Ist day of November, 1957, or such earlier date as the Central Government may by order appoint; and upon such dissolution, its assets and liabilities shall,― (a) in the case of the Board for Saurashtra, pass to the State of Bombay, and (b) in the case of the Board for the existing State of Bombay or Madhya Pradesh, be apportioned between the successor States in such manner as may be agreed upon between them within one year of the dissolution of the Board or if no agreement is reached, in such manner as the Central Government may by order determine. (4) Nothing in the preceding provisions of this section shall be construed as preventing the Government of any of the successor States to the existing States of Bombay, Madhya Pradesh and Saurashtra from constituting at any time after the appointed day a State Electricity Board for that successor State under the provisions of the said Act; and if such a Board is so constituted before the dissolution of a Board continued under sub-section (1) and functioning in any part of that successor State,― (a) provision may be made by order of the Central Government enabling the new Board to take over from the existing Board all or any of its undertakings, assets and liabilities in that State, and (b) upon the dissolution of the existing Board, any assets and liabilities which would otherwise have passed to the successor State by or under the provisions of sub-section (3) shall pass to the new Board instead of to the successor State. **107. Continuance of arrangements in regard to generation and supply of electric power and** **supply of water.―If it appears to the Central Government that the arrangement in regard to the** generation or supply of electric power or the supply of water for any area or in regard to the development of any project for such generation or supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it has been transferred by the provisions of Part II from the State in which the power stations and other installations for the generation and supply of such power, or the catchment are a reservoirs and other works for the supply of water, as the case may be, are located, the 37 ----- Central Government may give such directions as it deems proper to the State Government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement. **108. Continuance of agreements and arrangements relating to certain irrigation, power or** **multi-purpose projects.―(1) Any agreement or arrangement entered into between the Central** Government and one or more existing States or between two or more existing States relating to— (a) the administration, maintenance and operation of any project executed before the appointed day, or (b) the distribution of benefits, such as, the right to receive and utilise water or electric power, to be derived as a result of the execution of such project, which was subsisting immediately before the appointed day shall continue in force, subject to such adaptations and modifications, if any (being of a character not affecting the general operation of the agreement or arrangement) as may be agreed upon between the Central Government and the successor State concerned or between the successor States concerned, as the case may be, by the Ist day of November, 1957, or, if no agreement is reached by the said date, as may be made therein by order of the Central Government. (2) Where a project concerning one or more of the existing States affected by the provisions of Part II has been taken in hand, but not completed, or has been accepted by the Government of India for inclusion in the Second Five Year Plan before the appointed day, neither the scope of the project nor the provisions relating to its administration, maintenance or operation or to the distribution of benefits to be derived from it shall be varied,― (a) in the case where a single successor State is concerned with the project after the appointed day, except with the previous approval of the Central Government, and (b) in the case where two or more successor States are concerned with the project after that day, except by agreement between those successor States, or if no agreement is reached, except in such manner as the Central Government may by order direct, and the Central Government may from time to time give such directions as may appear to it to be necessary for the due completion of the project and for its administration, maintenance and operation thereafter. (3) In this section, the expression “project” means a project for the promotion of irrigation, water supply or drainage or for the development of electric power or for the regulation or development of any inter-State river or river valley. **109. General provision as to statutory corporations.―(1) Save as otherwise expressly provided by** the foregoing provisions of this Part, where any body corporate has been constituted under a Central Act, State Act or Provincial Act for an existing State the whole or any part of which is by virtue of the provisions of Part II transferred to any other existing State or to a new State, then, notwithstanding such transfer, the body corporate shall, as from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day, subject to such directions as may from time to time be issued by the Central Government, until other provision is made by law in respect of the said body corporate. (2) Any directions issued by the Central Government under sub-section (1) in respect of any such body corporate shall include a direction that any law by which the said body corporate is governed shall in its application to that body corporate have effect subject to such exceptions and modifications as may be specified in the direction. **110. Temporary provisions as to the continuance of certain existing road transport** **permits.―(1) Notwithstanding anything contained in section 63 of the Motor Vehicles Act, 1939** (4 of 1939) a permit granted by the State or a Regional Transport Authority in an existing State, the whole 38 ----- or any part of the territories of which is transferred to another existing State or to a new State shall, if such permit was, immediately before the appointed day, valid and effective in any area in the territories so transferred, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that Act as for the time being in force in that area; and it shall not be necessary for any such permit to be countersigned by any other State or Regional Transport Authority for the purpose of validating it for use in such transferred territories: Provided that the Central Government may, after consultation with the State Government or Governments concerned, add to, amend or vary the conditions attached to the permit by the Authority by which the permit was granted. (2) No tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in any transferred territory under any such permit, if such vehicle was, immediately before that day, exempt from the payment of any such toll, entrance fees or other charges for its operations beyond the boundaries of the State in which such permit was granted: Provided that the Central Government may, after consultation with the State Government or Governments concerned, authorise the levy of any such toll, entrance fees or other charges, as the case may be. **111. Special provision relating to retrenchment compensation in certain cases.―Where on** account of the reorganisation of the States under this Act, any body corporate constituted under a Central Act, State Act or Provincial Act, any co-operative society registered under any law relating to co-operative societies or any commercial or industrial undertaking of an existing State, is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or in any such undertaking is transferred to, or re-employed by, any other body corporate or undertaking, then, notwithstanding anything contained in section 25F of the Industrial Disputes Act, 1947 (14 of 1947) such transfer or re-employment shall not entitle him to any compensation under that section: Provided that— (a) the terms and conditions of service applicable to the workman after such transfer or re-employment are not less 357 favourable to the workman than those applicable to him immediately before the transfer or re-employment; and (b) the employer in relation to the body corporate or the undertaking where the workman is transferred or re-employed, is by agreement or otherwise legally liable to pay to the workman, in the event of his retrenchment, compensation under section 25F of the Industrial Disputes Act, 1947 (14 of 1947), on the basis that his service has been continuous and has not been interrupted by the transfer or re-employment. **112. Provision as to the Devaswom Surplus Fund of Travancore.―(1) As from the appointed day,** there shall be established in the State of Madras a Devaswom Fund for the management of Hindu temples and shrines in the territories transferred to that State from the State of Travancore-Cochin. (2) The assets as on the appointed day of the Devaswom Surplus Fund constituted by section 26 of the Travancore-Cochin Hindu Religious Institutions Act, 1950, shall be divided into two parts in the ratio of 37.5 to 13.5 in such manner as the Central Government may, by order, direct, and the smaller part shall, as from the appointed day, be transferred to the Fund mentioned in sub-section (1). **113. Continuance of facilities in certain State institutions.―The Central Government may, in** respect of the institutions of the categories specified in the Sixth Schedule located in a new State or in the State of Andhra Pradesh or Madras, direct that such facilities as may be specified in the direction shall be provided to the Government and the people of one or more adjoining States for such period as may be so specified; and thereupon those facilities shall be provided for the said period upon such terms and conditions as may be agreed upon between the State Governments concerned before the 31st day of 39 ----- March, 1957, or, if no agreement is reached by the said date, as may be fixed by order of the Central Government. PART X PROVISIONS AS TO SERVICES **114. Provisions relating to All-India Services.―(1) In this section, the expression “State cadre”―** (a) in relation to the Indian Administrative Service, has the meaning assigned to it in the Indian Administrative Service (Cadre) Rules, 1954, and (b) in relation to the Indian Police Service, has the meaning assigned to it in the Indian Police Service (Cadre) Rules, 1954. (2) As from the appointed day, there shall be constituted for each of the new States a State cadre of the Indian Administrative Service and a State cadre of the Indian Police Service. (3) The initial strength and composition of each of the said cadres shall be such as the Central Government may by order determine before the appointed day. (4) The cadres of each of the said services for the existing States of Bombay, Madhya Pradesh, Punjab and Vindhya Pradesh and for the existing Part B States shall, as from the appointed day, cease to exist, and the members of each of the said services borne on those cadres shall be allocated to the State cadres of the same service for the new States or for the other existing States in such manner and with effect from such date or dates as the Central Government may by order specify. (5) Nothing in this section shall be deemed to affect the operation after the appointed day of the All India Services Act, 1951 (61 of 1951), or the rules made thereunder in relation to the State cadres of the said services constituted under sub-section (2) and in relation to the members of those services borne on the said cadres. **115. Provisions relating to other services.―(1) Every person who immediately before the appointed** day is serving in connection with the affairs of the Union under the administrative control of LieutenantGovernor or Chief Commissioner in any of the existing States of Ajmer, Bhopal, Coorg, Kutch and Vindhya Pradesh, or is serving in connection with the affairs of any of the existing States of Mysore, Punjab, Patiala and East Punjab States Union and Saurashtra shall, as from that day, be deemed to have been allotted to serve in connection with the affairs of the successor State to that existing State. (2) Every person who immediately before the appointed day is serving in connection with the affairs of an existing State part of whose territories is transferred to another State by the provisions of Part II shall, as from that day, provisionally continue to serve in connection with the affairs of the principal successor State to that existing State, unless he is required by general or special order of the Central Government to serve provisionally in connection with the affairs of any other successor State. (3) As soon as may be after the appointed day, the Central Government shall, by general or special order, determine the successor State to which every person referred to in sub-section (2) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect. (4) Every person who is finally allotted under the provisions of sub-section (3) to a successor State shall, if he is not already serving therein be made available for serving in that successor State from such date as may be agreed upon between the Governments concerned, and in default of such agreement, as may be determined by the Central Government. (5) The Central Government may by order establish one or more Advisory Committees for the purpose of assisting it in regard to— 40 ----- (a) the division and integration of the services among the new States and the States of Andhra Pradesh and Madras; and (b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this section and the proper consideration of any representations made by such persons. (6) The foregoing provisions of this section shall not apply in relation to any person to whom the provisions of section 114 apply. (7) Nothing in this section shall be deemed to affect after the appointed day the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of the Union or any State: Provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in sub-section (1) or sub-section (2) shall not be varied to his disadvantage except with the previous approval of the Central Government. **116. Provision as to continuance of officers in the same posts.―(1) Every person who immediately** before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the Union or of an existing State in any area which on that day falls within another existing State or a new [1]*** State or a [2][Union territory] shall, except where by virtue or in consequence of the provisions of this Act such post or office ceases to exist on that day, continue to hold the same post or office in the other existing State or new [1]*** State or [2][Union territory] in which such area is included on that day, and shall be deemed as from that day to have been duly appointed to such post or office by the Government of, or other appropriate authority in, such State, or by the Central Government or other appropriate authority in such [2][Union territory], as the case may be. (2) Nothing in this section shall be deemed to prevent a competent authority, after the appointed day, from passing in relation to any such person any order affecting his continuance in such post or office. **117. Power of Central Government to give directions.―The Central Government may at any time** before or after the appointed day give such directions to any State Government as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this Part and the State Government shall comply with such directions. **118. Provisions as to State Public Service Commissions.―(1) The Public Service Commissions for** the existing States of Bombay, Mysore, Punjab, Rajasthan and Travancore-Cochin shall, as from the appointed day, be deemed to be the Public Service Commissions for the corresponding new States. (2) As from the appointed day, the Public Service Commissions for the existing States of Hyderabad, Madhya Bharat, Madhya Pradesh, Patiala and East Punjab States Union and Saurashtra shall cease to exist. (3) Every person holding office immediately before the appointed day as chairman or other member of any of the Commissions mentioned in sub-section (2)— (a) shall become a member, and if so specified also the chairman, of such one of the Public Service Commissions for the States of Andhra Pradesh, Bombay, Madhya Pradesh, Punjab and Mysore as the President shall by order specify; and (b) shall, as such member or chairman, be entitled to receive from the Government of the State conditions of service not less favourable than those to which he was entitled under the provisions applicable to him immediately before the appointed day. 1. The word and letter “Part A” omitted by the Adaptation of Laws (No. 1) order, 1956. 2. Subs., ibid., for “Part C State”. 41 ----- (4) Every person who becomes a member of a Public Service Commission on the appointed day under sub-section (1) or sub-section (3) shall, subject to the proviso to clause (2) of article 316, hold office or continue to hold office until the expiration of his term of office as determined under the provisions applicable to him immediately before the appointed day. PART XI LEGAL AND MISCELLANEOUS PROVISIONS **119. Territorial extent of laws.―The provisions of Part II shall not be deemed to have effected any** change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to an existing State shall, until otherwise provided by a competent Legislature or other competent authority, be construed as meaning the territories within that State immediately before the appointed day. **120. Power to adapt laws.―For the purpose of facilitating the application of any law in relation to** any of the States [1][or Union territories] formed or territorially altered by the provisions of Part II, the appropriate Government may, before the expiration of one year from the appointed day, by order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority. _Explanation.―In this section, the expression “appropriate Government” means—_ (a) as respects any law relating to a matter enumerated in the Union List, the Central Government; and (b) as respects any other law,― (i) in its application to a [2]*** State, the State Government, and (ii) in its application to a [3][Union territory], the Central Government. **121. Power to construe laws.―Notwithstanding that no provision or insufficient provision has been** made under section 120 for the adaptation of a law made before the appointed day, any Court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to any State [4][or Union territory] formed or territorially altered by the provisions of Part II, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the Court, tribunal or authority. **122. Power to name authorities, etc., for exercising statutory functions.―The Central** Government, as respects any [3][Union territory], and the State Government as respects any new State or any transferred territory, may, by notification in the Official Gazette, specify the authority, officer or person who, as from the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly. **123. Legal proceedings.―Where immediately before the appointed day, the Union or an existing** State is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment under this Act, the successor State which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this Act shall be deemed to be substituted for the 1. Ins. by the Adaptation of Laws (No. 1) Order, 1956. 2. The word and letter “Part A” omitted., ibid. 3. Subs. ibid., for “Part C State”. 4. Ins., ibid. 42 ----- Union or the existing State as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly. **124. Right of pleaders to practise in certain Courts.―Any person who immediately before the** appointed day, is enrolled as a pleader entitled to practise in any subordinate Courts in an existing State which is affected by the provisions of Part II shall, for a period of six months from that day, continue to be entitled to practise in those Courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those Courts has been transferred to another State. **125. Provisions as to certain pending proceedings.―(1) Every proceeding pending immediately** before the appointed day before a Court (other than a High Court), tribunal, authority or officer in any area which on that day falls within a State shall, if it is a proceeding relating exclusively to any part of the territories which as from that day are the territories of another State [1][or form a Union territory], stand transferred to the corresponding Court, tribunal, authority or officer in the other State [1][or the Union territory, as the case may be]. (2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the High Court having jurisdiction in respect of the area in which the Court, tribunal, authority or officer before which or whom such proceeding is pending on the appointed day, is functioning and the decision of that High Court shall be final. (3) In this section— (a) “proceeding” includes any suit, case or appeal; and (b) “corresponding Court, tribunal, authority or officer” in a State [1][or Union territory] means― (i) the Court, tribunal, authority or officer in that State [1][or Union territory] in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or (ii) in case of doubt, such Court, tribunal, authority or officer in that State [1][or Union territory] as may be determined after the appointed day by the Government of that State [1][or the Central Government, as the case may be], or before the appointed day by the Government of the corresponding State, to be the corresponding Court, tribunal, authority or officer. **126. [Declaration of certain ancient monuments, etc., in Part C States to be of national** _importance.]―Rep. by the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of_ _1958), s. 39 (w.e.f. 15-10-1959)._ **127. Effect of the provisions of the Act inconsistent with other laws.―The provisions of this Act** shall have effect notwithstanding anything inconsistent therewith contained in any other law. **128. Power to remove difficulties.―If any difficulty arises in giving effect to the provisions of this** Act, the President may by order do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty. **129. Power to make rules.―(1) The Central Government may, by notification in the Official** Gazette, make rules to give effect to the provisions of this Act. 1. Ins. by the Adaptation of Laws (No. 1) Order, 1956. 43 ----- 1[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **130. Repeal of Act 49 of 1951.―(1) The Government of Part C States Act, 1951, is repealed with** effect from the appointed day. (2) The said repeal shall not affect any laws made by the Legislature of a Part C State by virtue of any power conferred on that Legislature by the Act so repealed, and all such laws in force immediately before the appointed day shall continue in force, subject to such adaptations and modifications as may be made therein under section 120, until altered, repealed or amended by a competent Legislature or other competent authority. ___________ THE FIRST SCHEDULE [See section 28 (3)] Every sitting member representing a constituency specified in the first column of the Table below in the Legislative Assembly of the existing State specified against it in the second column shall, as from the appointed day, be deemed to have been elected to the Legislative Assembly of the State specified against that constituency in the third column and cease to be a member of the Legislative Assembly of which he was a member immediately before that day: TABLE Name of Constituency Existing State State to which transferred (1) (2) (3) 1. Palanpur-Abu-Vadagam-Danta. Bombay . . Bombay. 2. Chandgad . . Bombay . . Bombay. 3. Halsur . . Hyderabad . . Bombay. 4. Udgir . . Hyderabad . . Bombay. 5. Kodangal . . Hyderabad . . Andhra Pradesh. 6. Tandur-Seram . . Hyderabad . . Mysore. 7. Bidar . . Hyderabad . . Mysore. 8. Zahirabad . . Hyderabad . . Andhra Pradesh. 9. Mudhol . . Hyderabad . . Andhra Pradesh. 10. Deglur . . Hyderabad . . Bombay. 11. Kinwat . . Hyderabad . . Bombay. 12. Asifabad . . Hyderabad . . Andhra Pradesh. 13. Bhanpura . . Madhya Bharat . Madhya Pradesh. 14. Panemangalore . . Madras . . Mysore. 1. Subs. by Act 4 of 1986, s. 2, and the Schedule, for sub-section (2) (w.e.f. 15-5-1986). 44 ----- THE SECOND SCHEDULE [See section 35 (2)] MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES (MADRAS) ORDER, 1951 In the Table— (a) for the entry relating to the Madras (Graduates) Constituency, substitute:— “Madras (Graduates) Entire State [1][6]”; (b) for the entry in the second column relating to the Madras (Teachers) Constituency, substitute “Entire State”; (c) in the third column, for the figure “3” wherever it occurs, substitute “4”; and (d) omit the entry relating to the West Coast (Local Authorities) Constituency. ____________ THE THIRD SCHEDULE [See section 40] ALLOCATION OF SEATS IN THE HOUSE OF THE PEOPLE AND ASSIGNMENT OF SEATS TO STATE LEGISLATIVE ASSEMBLIES The number of seats in the House of the People to be allotted to each of the States [2][and Union territories] and the number of seats to be assigned to the Legislative Assembly of each [3][State other than Jammu and Kashmir*] shall be as shown in the following Table:— TABLE 4* * * Number of seats in the House of the People Number of seats in the Legislative Assembly 1. Andhra Pradesh . . . 43 301 2. Assam . . . . . 12 108 3. Bihar . . . . . . 55 330 4. Bombay . . . . . 66 396 5. Kerala . . . . . 18 126 6. Madhya Pradesh . . . 36 288 7. Madras . . . . . 41 205 8. Mysore . . . . . 26 208 9. Orissa . . . . 20 140 10. Punjab . . . . 22 154 11. Rajasthan . . . . 22 176 12. Uttar Pradesh . . . . 86 430 13. West Bengal . . . . 34 238 14. Jammu and Kashmir . . 6 15. Delhi . . . . . 5 16. Himachal Pradesh . . 4 17. Manipur . . . . 2 18. Tripura . . . . 2 1. Subs. by Act 67 of 1956, s. 3, for “4” (w.e.f. 1-11-1956). 2. Ins. by the Adaptation of Laws (No. 1) Order, 1956. 3. Subs., ibid., for “Part A State”. 4. The word “States” omitted., ibid. *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 45 ----- THE FOURTH SCHEDULE [See section 74 (1)] I. MODIFIED FORM OF SECTION 3 OF THE UNION DUTIES OF EXCISE (DISTRIBUTION) ACT, 1953 **3. Distribution of a part of the Union duties of excise among the States.—(1) During the first half** of the financial year commencing on the Ist day of April, 1956, there shall be paid out of the Consolidated Fund of India to each of the State specified in column 1 of the Table below such percentage of the distributable Union duties of excise for the half year as is set out against it in column 2: TABLE State Percentage Andhra . . . . . . . 5.92 Assam . . . . . . . 2.61 Bihar . . . . . . . . 11.60 Bombay . . . . . . . 10.37 Hyderabad . . . . . . . 5.39 Madhya Bharat . . . . . . 2.29 Madhya Pradesh . . . . . . 6.13 Madras . . . . . . . 10.30 Mysore . . . . . . . 2.84 Orissa . . . . . . . . 4.22 Patiala and East Punjab States Union . . . 1.00 Punjab . . . . . . . . 3.66 Rajasthan . . . . . . . . 4.41 Saurashtra . . . . . . . 1.19 Travancore-Cochin . . . . . . 2.68 Uttar Pradesh . . . . . . 18.23 West Bengal . . . . . . 7.16 (2) During the second half of the said financial year, there shall be paid out of the Consolidated Fund of India to each of the States specified in column 1 of the Table below such percentage of the distributable Union duties of excise for the half year as is set out against it in column 2 and such additional percentage, if any, of the said duties as is set out against it in column 3: TABLE State Percentage Additional percentage Andhra Pradesh . . . 9.03 .. Assam . . . . 2.61 .. Bihar . . . . 11.60 .. Bombay . . . . 12.57 1.19 Kerala . . . . 1.49 2.42 Madhya Pradesh . . . 6.25 .. Madras . . . . 8.39 0.26 Mysore . . . . 2.90 2.62 46 ----- State Percentage Additional percentage Orissa . . . . 4.22 .. Punjab . . . . 4.66 .. Rajasthan . . . . 4.40 .. Uttar Pradesh . . . 18.23 .. West Bengal . . . 7.16 .. (3) For the purposes of this section— (a) the first half and the second half of the financial year commencing on the Ist day of April, 1956, shall be deemed to be the first seven months and the remaining five months, respectively, of that financial year; (b) the distributable Union duties of excise for the first half and for the second half of the said financial year shall be deemed to be seven-twelfths and five-twelfths, respectively, of the distributable Union duties of excise for that financial year. II. MODIFIED FORM OF PARAGRAPHS 3 AND 5 OF THE CONSTITUTION (DISTRIBUTION OF REVENUES) ORDER, 1953 3. (1) For the purposes of clause (2) of article 270, the proceeds attributable to Part C States for the first half and [1][to Union territories] for the second half, of the financial year commencing on the Ist day of 3 April, 1956, shall be taken to be 2 4[ per cent. and 1 per cent. respectively, of so much of the net proceeds ] of taxes on income for the half year as does not represent the net proceeds of taxes payable in respect of Union emoluments. (2) The percentage of the net proceeds of taxes on income, except in so far as those proceeds represent proceeds attributable to Part C States or to taxes payable in respect of Union emoluments, which is to be assigned to Part A States and Part B States (other than the State of Jammu and Kashmir*) under clause (2) of article 270 in the first half of the said financial year shall be 55 per cent.; and the total amount to be so assigned shall be distributed among the said States as follows:— State Percentage Andhra Pradesh . . . . . . . 5.49 Assam . . . . . . . 2.25 Bihar . . . . . . . 9.75 Bombay . . . . . . . 17.50 Hyderabad . . . . . . . . 4.50 Madhya Bharat . . . . . . . 1.75 Madhya Pradesh . . . . . . . 5.25 Madras . . . . . . . 9.56 Mysore . . . . . . . 2.45 Orissa . . . . . . . 3.50 Patiala and East Punjab States Union . . . 0.75 Punjab . . . . . . . 3.25 1. Ins. by the Adaptation of Laws (No. 1) Order, 1956. _*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and_ Kashmir and the Union territory of Ladakh. 47 ----- State Percentage Rajasthan . . . . . . . 3.50 Saurashtra . . . . . . . 1.00 Travancore-Cochin . . . . . . 2.50 Uttar Pradesh . . . . . . . 15.75 West Bengal . . . . . . . 11.25 (3) The percentage of the net proceeds of the taxes on income, except in so far as those proceeds represent proceeds attributable to [1][Union territories] or the taxes payable in respect of Union emoluments, which is to be assigned to [2][States (other than the State of Jammu and Kashmir*)] under clause (2) of article 270 in the second half of the said financial year shall be 55 per cent.; and the total amount to be so assigned shall be distributed among the said States as follows:— State Percentage Additional percentage Andhra Pradesh . . . . 8.09 .. Assam . . . . . . . 2.25 .. Bihar . . . . . . . 9.75 .. Bombay . . . . . . 18.10 1.00 Kerala . . . . . . 1.38 2.26 Madhya Pradesh . . . . . 5.14 .. Madras . . . . . . . 7.79 0.24 Mysore . . . . . . . 3.74 2.25 Orissa . . . . . . . 3.50 .. Punjab . . . . . . . 4.00 .. Rajasthan . . . . . . 3.51 .. Uttar Pradesh . . . . . 15.75 .. West Bengal . . . . . 11.25 .. (4) For the purposes of this paragraph— (a) the first half and the second half of the financial year commencing on the 1st day of April, 1956, shall be deemed to be the first seven months and the remaining five months, respectively, of that financial year; (b) the net proceeds of taxes on income for the first half and for the second half of the said financial year shall be deemed to be seven-twelfths and five-twelfths, respectively, of the net proceeds of such taxes for that financial year. 5. (1) In accordance with the provisions of clause (1) of article 275, there shall be charged on the Consolidated Fund of India— (a) in the first seven months of the said financial year, as grants-in-aid of the revenues of each of the States specified below, the sum specified against it: 1. Subs. by the Adaptation of Laws (No. 1) Order, 1956, for “Part C States”. 2. Subs., ibid., for “Part A States”. *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 48 ----- (i) For general purposes— Assam . . . . 58.33 lakhs of rupees. Mysore . . . . 23.33 lakhs of rupees. Orissa . . . . 43.75 lakhs of rupees. Punjab . . . . 72.92 lakhs of rupees. Saurashtra . . . . 23.33 lakhs of rupees. Travancore-Cochin . . . 26.25 lakhs of rupees. West Bengal . . . . 46.67 lakhs of rupees. (ii) For the expansion of primary education— Bihar . . . . 48.42 lakhs of rupees. Hyderabad . . . . 23.33 lakhs of rupees. Madhya Bharat . . . 10.50 lakhs of rupees. Madhya Pradesh . . . 29.17 lakhs of rupees. Orissa . . . . 18.67 lakhs of rupees. Patiala and East Punjab States Union . . . . 5.25 lakhs of rupees. Punjab . . . . 16.33 lakhs of rupees. Rajasthan . . . . 23.33 lakhs of rupees. (b) in the remaining five months of the said financial year, as grants-in-aid of the revenues of each of the States specified below, the sum specified against it: (i) For general purposes— Assam . . . . 41.67 lakhs of rupees. Mysore . . . . 16.67 lakhs of rupees. Orissa . . . . 31.25 lakhs of rupees. Punjab . . . . 52.08 lakhs of rupees. Bombay . . . . 16.67 lakhs of rupees. Kerala . . . . 16.93 lakhs of rupees. Madras . . . . 1.82 lakhs of rupees. West Bengal . . . . 33.33 lakhs of rupees. (ii) For the expansion of primary education— Bihar . . . . 34.58 lakhs of rupees. Andhra Pradesh . . . 9.62 lakhs of rupees. Mysore . . . . 2.41 lakhs of rupees. Bombay . . . . 12.10 lakhs of rupees. 49 ----- Madhya Pradesh . . . 20.98 lakhs of rupees. Orissa . . . . 13.33 lakhs of rupees. Punjab . . . . 15.42 lakhs of rupees. Rajasthan . . . . 16.56 lakhs of rupees. (2) There shall also be charged on the Consolidated Fund of India— (a) in the first seven months of the said financial year, as grants-in-aid of each of the States of Mysore, Saurashtra and Travancore-Cochin, the sum by which the total of the amounts payable to that State under sub-paragraph (2) of paragraph 3 of this Order and under sub-section (1) of section 3 of the Union Duties of Excise (Distribution) Act, 1953, falls short of 201.25 lakhs of rupees, 160.42 lakhs of rupees and 163.33 lakhs of rupees, respectively; and (b) in the remaining five months of the said financial year, as grants-in-aid of each of the States of Mysore, Bombay, Kerala and Madras, the sum by which the total of the amounts payable to that State as additional percentages under sub-paragraph (3) of paragraph 3 of this Order and under sub-section (2) of section 3 of the said Act falls short of 143.75 lakhs of rupees, 114.58 lakhs of rupees, 105.38 lakhs of rupees and 11.29 lakhs of rupees, respectively. (3) Any sum or sums payable under this paragraph shall be in addition to any sum or sums payable to the States under each of the provisos to clause (1) of article 275. ____________________ THE FIFTH SCHEDULE [See section 86] APPORTIONMENT OF LIABILITY IN RESPECT OF PENSIONS 1. Subject to the adjustments mentioned in paragraph 3, the successor State or each of the successor States shall, in respect of pensions granted before the appointed day by an existing State, pay the pensions drawn in its treasuries. 2. Subject to the said adjustments, the liability in respect of pensions of officers serving in connection with the affairs of an existing State who retire or proceed on leave preparatory to retirement before the appointed day, but whose claims for pensions are outstanding immediately before that day, shall be the liability of the successor State, or, if there be two or more successor States, of such one of them as the Central Government may by order specify. 3. In any case where there are two or more successor States, there shall be computed, in respect of the period commencing on the appointed day and ending on the 31st day of March, 1957 and in respect of each subsequent financial year, the total payments made in all the successor States in respect of the pensions referred to in paragraphs 1 and 2. That total representing the liability of the existing State in respect of pensions shall be apportioned between the successor States in the population ratio and any successor State paying more than its due share shall be reimbursed the excess amount by the successor State or States paying less. 4. (1) The liability in respect of the pension of any officer serving immediately before the appointed day in connection with the affairs of an existing State and retiring on or after that day, shall be that of the successor State granting the pension; but the portion of the pension attributable to the service of any such officer before the appointed day in connection with the affairs of that existing State shall, if there be two or more successor States, be allocated between them in the population ratio, and the Government granting the pension shall be entitled to receive from each of the other successor States its share of this liability. (2) If any such officer was serving after the appointed day in connection with the affairs of more than one successor State, the successor State or States other than the one granting the pension shall reimburse to the Government by which the pension is granted an amount which bears to the portion of the pension 50 ----- attributable to his service after the appointed day the same ratio as the period of his qualifying service after the appointed day under that successor State bears to the total qualifying service of such officer after the appointed day reckoned for the purposes of pension. (3) In reckoning the said total qualifying service, any service of such officer before the appointed day in connection with the affairs of the Union under the administrative control of the Lieutenant-Governor or Chief Commissioner in any of the existing States of Ajmer, Bhopal, Coorg, Kutch and Vindhya Pradesh shall be added as if the said service had been service after the appointed day in connection with the affairs of the successor State to that existing State. 5. Any reference in this Schedule to a pension shall be construed as including a reference to the commuted value of the pension. _______________ THE SIXTH SCHEDULE (See section 113) (1) Engineering Colleges and Schools of Technology. (2) Medical Colleges. (3) Agricultural Colleges. (4) Veterinary Colleges. (5) Government hospitals providing for special treatment, such as, (i) tuberculosis hospitals and sanatoria, (ii) cancer hospitals, (iii) radium institutes, (iv) mental hospitals, (v) leprosy hospitals and sanatoria, and (vi) hospitals providing for Unani or Ayurvedic treatment. (6) Research Institutes, such as,— (i) irrigation research institutes, (ii) Government analysts’ departments, and (iii) serum institutes. (7) Central Jails. (8) Borstal Schools, Reformatory Schools and Certified Schools. (9) Police Training Colleges and Institutes. (10) Fire Services Training Schools. (11) Hostels for Scheduled Castes, Scheduled Tribes and Backward Classes. (12) Photo Registry Offices. (13) Central Records Offices. (14) Forest Schools. (15) Finger Print Bureaux. 51 -----

1-Sep-1956

40

The Bihar and West Bengal (Transfer of Territories) Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1636/1/195640.pdf

central

# THE BIHAR AND WEST BENGAL (TRANSFER OF TERRITORIES) ACT, 1956 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title. 2. Definitions. PART II TRANSFER OF TERRITORIES 3. Transfer of territories from Bihar to West Bengal. 4. Amendment of First Schedule to the Constitution. PART III REPRESENTATION IN THE LEGISLATURES _Council of States_ 5. Amendment of Fourth Schedule to the Constitution. 6. Bye-elections to fill vacancies in the Council of States. 7. Term of office of members of the Council of States. _House of the people_ 8. Provision as to existing House of the People. _Legislative Assemblies_ 9. Allocation of certain sitting members of the Bihar Legislative Assembly. 10. Duration of Legislative Assemblies of Bihar and West Bengal. _Legislative Councils_ 11. Bihar Legislative Council. 12. West Bengal Legislative Council. _Delimitation of Constituencies_ 13. Allocation of seats in the House of the People and assignment of seats to State Legislative Assemblies. 14. Modification of the Scheduled Castes and Scheduled Tribes Orders. 15. Determination of population of Scheduled Castes and Scheduled Tribes. 16. Delimitation of constituencies. PART IV HIGH COURTS 17. Extension of jurisdiction of, and transfer of proceedings to, Calcutta High Court. 18. Right to appear in any proceedings transferred to Calcutta High Court. 19. Interpretation. 1 ----- PART V AUTHORISATION OF EXPENDITURE SECTIONS 20. Appropriation of moneys for expenditure in transferred Appropriation Acts. 21. Distribution of revenues. PART VI APPORTIONMENT OF ASSETS AND LIABILITIES 22. Land and goods. 23. Treasury and bank balances. 24. Arrears of taxes. 25. Right to recover loans and advances. 26. Credits in certain funds. 27. Assets and liabilities of State undertakings. 28. Public debt. 29. Refund of taxes collected in excess. 30. Deposits. 31. Provident Funds. 32. Pensions. 33. Contracts. 34. Liability in respect of actionable wrong. 35. Liability as guarantor of co-operative societies. 36. Items in suspense. 37. Power of the Central Government to order allocation or adjustment in certain cases. 38. Certain expenditure to be charged on the Consolidated Fund. PART VII ADMINISTRATIVE PROVISIONS 39. State Financial Corporations. 40. Temporary provisions as to the continuance of certain existing road transport permits. 41. Provisions relating to services. 42. Provisions as to the continuance of officers in the same posts. PART VIII LEGAL AND MISCELLANEOUS PROVISIONS 43. Territorial extent of laws. 44. Power to adapt laws. 45. Power to construe laws. 46. Power to name authorities, etc. for exercising statutory functions. 47. Legal proceedings. 2 ----- SECTIONS 48. Transfer of pending proceedings. 49. Right of pleaders to practise in certain Courts. 50. Effect of provisions inconsistent with other laws. 51. Power to remove difficulties. 52. Power to make rules. THE SCHEDULE. 3 ----- # THE BIHAR AND WEST BENGAL (TRANSFER OF TERRITORIES) ACT, 1956 ACT NO. 40 OF 1956 [1st September, 1956.] # An Act to provide for the transfer of certain territories from Bihar to West Bengal and for matters connected therewith. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title.—This Act may be called the Bihar and West Bengal (Transfer of Territories)** Act, 1956. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the 1st day of November, 1956; (b) “article” means an article of the Constitution; (c) “assembly constituency”, “council constituency” and “parliamentary constituency” have the same meanings as in the Representation of the People Act, 1950 (43 of 1950); (d) “Election Commission” means the Election Commission appointed by the President under article 324; (e) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of Bihar or West Bengal; (f) “notified order” means an order published in the Official Gazette; (g) “population ratio” means such ratio as the Central Government may, by notified order, specify to be the ratio between the population as ascertained at the last census of the State of Bihar excluding the transferred territories and the population as so ascertained of the transferred territories; (h) “prescribed” means prescribed by rules made under this Act; (i) “sitting member”, in relation to either House of Parliament or of the Legislature of a State means a person who, immediately before the appointed day, is a member of that House; (j) “transferred territories” means the territories transferred from the State of Bihar to the State of West Bengal by section 3; (k) “treasury” includes a sub-treasury. PART II TRANSFER OF TERRITORIES **3. Transfer of territories from Bihar to West Bengal.—(1) As from the appointed day, there shall** be added to the State of West Bengal the territories which on the 1st day of March, 1956, were comprised in— (a) that portion of Kishanganj sub-division of Purnea district which lies to the east of the boundary line demarcated in accordance with the provisions of sub-section (2) by an authority appointed in this behalf by the Central Government and that portion of Gopalpur thana of the said district which lies to the east or north, as the case may be, of the said boundary line; and (b) Purulia sub-division of Manbhum district, excluding Chas thana, Chandil than a and Patamda police station of Barabhum thana; and the said territories shall thereupon cease to form part of the State of Bihar. 4 ----- (2) The boundary line referred to in sub-section (1) shall be so demarcated as to be generally two hundred yards to the west of the highway in Purnea district connecting Dalkola, Kishanganj and Chopra with Siliguri in Darjeeling district and two hundered yards to the south or south-west of the highway in Purnea district connecting Dalkola and Karandighi with Raiganj in West Dinajpur district: Provided that the boundary line shall be so demarcated as not to cut across any village or town: Provided further that from the point where the first-mentioned highway meets the southern boundary of Kishanganj municipality to the point where it leaves the northern boundary of that municipality, the boundary line shall be the same as the boundary of that municipality on the east. (3) The territory specified in clause (a) of sub-section (1) shall be included in, and form part of, Darjeeling district, and the territory specified in clause (b) of that sub-section shall form a separate district to be known as Purulia district within Burdwan division of the State of West Bengal. (4) Nothing in sub-section (3) shall be deemed to affect the power of the State Government to alter after the appointed day the name, extent and boundaries of any district or division in the State of West Bengal. **4. Amendment of First Schedule to the Constitution.—As from the appointed day, in the First** Schedule to the Constitution, in Part A, in the description of the territories of States,— (a) after the paragraph relating to the territory of the State of Assam, the following paragraphs shall be inserted, namely:— “The territory of the State of Bihar shall comprise the territories which immediately before the commencement of this Constitution were either comprised in the Province of Bihar or were being administered as if they formed part of that Province, but shall not include the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956. The territory of the State of West Bengal shall comprise the territories which immediately before the commencement of this Constitution were either comprised in the Province of West Bengal or were being administered as if they formed part of that Province and the territory of Chandernagore as defined in clause (c) of section 2 of the Chandernagore (Merger) Act, 1954, and also the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956.”; (b) in the 1st paragraph, the words, brackets, letter and figures “and in the case of the State of West Bengal, shall also comprise the territory of Chandernagore as defined in clause (c) of section 2 of the Chandernagore (Merger) Act, 1954,” shall be omitted. PART III REPRESENTATION IN THE LEGISLATURES _Council of States_ **5. Amendment of Fourth Schedule to the Constitution.—As from the appointed day, in the Fourth** Schedule to the Constitution, in the Table of Seats, for the entries in the second column relating, to Bihar and West Bengal, the entries “22” and “16” shall, respectively, be substituted. **6. Bye-elections to fill vacancies in the Council of States.—As soon as may be after the appointed** day, bye-elections shall be held to fill the vacancies existing on that day in the seats allotted to Bihar and West Bengal. **7. Term of office of members of the Council of States.—In order that, as nearly as may be,** one-third of the members of the Council of States may retire on the 2nd day of April, 1958, and on the expiration of every second year thereafter, the President shall, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the members elected under section 6. 5 ----- _House of the people_ **8. Provision as to existing House of the People.—Nothing in section 3 shall be deemed to affect the** extent of the constituency of any sitting member of the existing House of the People from Bihar. _Legislative Assemblies_ **9. Allocation of certain sitting members of the Bihar Legislative Assembly.—The sitting members** of the Legislative Assembly of Bihar representing the Thakurganj, Karandighi, Para-cum-Chas and Barabazar-cum-Chandil constituencies shall, notwithstanding the reduction in the extent of those constituencies by the transfer of portions thereof to West Bengal, continue to be members of the Legislative Assembly of Bihar; and the sitting members of that Assembly representing any other constituency lying wholly or partly in the transferred territories shall, as from the appointed day, be deemed to have been elected to the Legislative Assembly of West Bengal and cease to be members of the Legislative Assembly of Bihar. **10. Duration of Legislative Assemblies of Bihar and West Bengal.—The changes in the** composition of the Legislative Assemblies of Bihar and West Bengal under section 9 shall not affect their duration as provided in clause (1) of Article 172. _Legislative Councils_ **11. Bihar Legislative Council.—(1) Any reference in the Delimitation of Council Constituencies** (Bihar) Order, 1951, to the State of Bihar, Bhagalpur division or Chota Nagpur division shall be construed as excluding the transferred territories from that State or division, as the case may be. (2) Every sitting member of the Legislative Council of Bihar representing a council constituency the extent of which is altered by virtue of sub-section (1) shall, as from the appointed day, be deemed to have been elected to the said Council by that constituency as so altered. **12. West Bengal Legislative Council.—(1) Any reference in the Delimitation of Council** Constituencies (West Bengal) Order, 1951, to the State of West Bengal, Burdwan division or Darjeeling district shall be construed as including the transferred territories to that State, division or district, as the case may be. (2) In the Table appended to the said Order, in the entry in the second column, against West Bengal West (Graduates) Constituency, after the word “Bankura”, the word “Purulia” shall be inserted. (3) Every sitting member of the Legislative Council of West Bengal representing a council constituency the extent of which is altered by virtue of sub-section (1) or sub-section (2) shall, as from the appointed day, be deemed to have been elected to the said Council by that constituency as so altered. _Delimitation of Constituencies_ **13. Allocation of seats in the House of the People and assignment of seats to State Legislative** **Assemblies.—The number of seats in the House of the People allotted to Bihar and to West Bengal and** the number of seats assigned to the Legislative Assembly of each of those States by order of the delimitation Commission under the Delimitation Commission Act, 1952 (1 of 1952), shall be modified as follows:— Number of seats in the House of the People Number of seats in the Legislative Assembly Bihar . . . . . . . . 53 318 West Bengal . . . . . . 36 252 **14. Modification of the Scheduled Castes and Scheduled Tribes Orders.—As soon as may be** after the commencement of this Act, the President may, by notified order, make such modifications in the 6 ----- Constitution (Scheduled Castes) Order, 1950, and the Constitution (Scheduled Tribes) Order, 1950, as he thinks fit, having regard to the transfer of territories effected by section 3. **15. Determination of population of Scheduled Castes and Scheduled Tribes.—(1) After the said** Orders have been so modified, the population as at the last census of the Scheduled Castes and of the Scheduled Tribes in Bihar and West Bengal shall be ascertained or estimated by the census authority in such manner as may be prescribed and shall be notified” by that authority in the Gazette of India. (2) The population figures so notified shall be taken to be the relevant population figures as ascertained at the last census and shall supersede any figures previously published. **16. Delimitation of constituencies.—(1) As soon as may be after the commencement of this Act, the** Central Government shall, by notified order, appoint an authority— (a) to determine on the basis of the population figures notified under section 15 the number of seats to be reserved for the Scheduled Castes and the Scheduled Tribes of Bihar and of West Bengal in the House of the People and in the legislative Assembly of each of those States having regard to the relevant provisions of the Constitution and of this Act; and (b) to revise to such extent as may be necessary or expedient having regard to the said provisions, the orders of the delimitation Commission made under section 8 of the Delimitation Commission Act, 1952 (81 of 1952), with respect to Bihar and West Bengal. (2) The said authority shall perform its functions in such manner and shall follow such procedure, as may be prescribed. PART IV HIGH COURTS **17. Extension of jurisdiction of, and transfer of proceedings to, Calcutta High Court.—(1)** Except as hereinafter provided,— (a) the jurisdiction of the High Court at Calcutta shall, as from the appointed day, extend to the transferred territories; and (b) the High Court at Patna shall, as from that day, have no jurisdiction in respect of the transferred territories. (2) Such proceeding spending in the High Court at Patna immediately before the appointed day as are certified by the Chief Justice of that High Court having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the High Court at Calcutta shall, as soon as may be after such certification, be transferred to the High Court at Calcutta. (3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court at Patna shall have, and the High Court at Calcutta shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court at Patna before the appointed day: Provided that if, after such proceedings have been entertained by the High Court at Patna, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court at Calcutta, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly. (4) Any order made by the High Court at Patna— (a) before the appointed day in any proceedings transferred to the High Court at Calcutta by virtue of sub-section (2) or (b) in any proceedings with respect to which the High Court at Patna retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect, not only as an order of the High Court at Patna, but also as an order made by the High Court at Calcutta. 7 ----- **18. Right to appear in any proceedings transferred to Calcutta High Court.—Any person who** immediately before the appointed day is an advocate entitled to practise in the High Court at Patna and was authorised to appear in any proceedings transferred from that High Court to the High Court at Calcutta under section 17 shall have the right to appear in the High Court at Calcutta in relation to those proceedings. **19. Interpretation.—For the purposes of sections 17 and 18,—** (a) proceedings shall be deemed to be pending in the High Court at Patna until that Court has disposed of all issues between the parties, including any issues with respect to the taxation of the cost of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; (b) references to a High Court shall be construed as including references to a Judge or division Court thereof, and references to an order made by a Court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that Court or Judge. PART V AUTHORISATION OF EXPENDITURE **20. Appropriation of moneys for expenditure in transferred Appropriation Acts.—(1) As from** the appointed day any Act passed by the Legislature of West Bengal before that day for the appropriation of any money out of the Consolidated Fund of the State to meet any expenditure in respect of any part of the financial year 1956-57 shall have effect also in relation to the transferred territories, and it shall be lawful for the State Government to spend any amount in those territories out of the amount authorised by such Act to be expended for any service in that State. (2) The Governor of West Bengal may, after the appointed day, authorise such expenditure from the Consolidated Fund of the State as he deems necessary for any purpose or service in the transferred territories for any period not extending beyond the 31st clay of March, 1957. **21. Distribution of revenues.—Section 3 of the Union Duties of Excise (Distribution)** Act, 1953 (3 of 1953), and paragraphs 3, 4 and 5 of the Constitution (Distribution of Revenues) Order, 1953 shall, in respect of the financial year 1956-57 have effect subject to such modifications as the President may, by notified order, specify, having regard to the transfer of territories effected by section 3 of this Act. PART VI APPORTIONMENT OF ASSETS AND LIABILITIES **22. Land and goods.—(1) Subject to the other provisions of this Part, all land and all stores, articles** and other goods in the transferred territories belonging to the State of Bihar shall, as from the appointed day, pass to the State of West Bengal. (2) Any unissued stores of any class in Bihar shall be divided between West Bengal and Bihar in proportion to the total indents for stores of that class made in the period of three years ending with the 31st day of March, 1956 for the transferred territories and for the rest of Bihar. Provided that nothing in this sub-section shall apply to stores held for specific purposes such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction. (3) In this section, the expression “land” includes immovable property of every kind and any rights in or over such property and the expression “goods” does not include coins, bank notes and currency notes. **23. Treasury and bank balances.—The total of the cash balances in all treasuries of Bihar and the** credit balances of Bihar with the Reserve Bank of India immediately before the appointed day shall be divided between that State and West Bengal according to the population ratio: Provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall he effected by adjusting the credit balances of Bihar and West Bengal in the books of the Reserve Bank of India on the appointed day. 8 ----- **24. Arrears of taxes.—The right of Bihar to recover arrears of any tax or duty on property situate in** the transferred territories, including land revenue, shall belong to West Bengal and the right of Bihar to recover arrears of any other tax or duty in any case where the place of assessment of that tax or duty is in the transferred territories shall also belong to West Bengal. **25. Right to recover loans and advances.—The right to recover any loans or advances made before** the appointed day by Bihar to any local body, society, agriculturist or other person in the transferred territories shall belong to West Bengal. **26. Credits in certain funds.—The investments in the cash balance investments account, the famine** relief fund and the general fund of Bihar and the sums at the credit of Bihar in the central road fund shall be divided between Bihar and West Bengal according to the population ratio; and the investments in any special fund the objects of which are confined to the transferred territories or any part thereof shall pass to West Bengal. **27. Assets and liabilities of State undertakings.—(1) The assets and liabilities relating to any** commercial or industrial undertaking of Bihar located in the transferred territories shall pass to West Bengal. (2) Where a depreciation reserve fund is maintained by Bihar for any such commercial or industrial undertaking, the securities held in respect of investments made from that fund shall also pass to West Bengal. **28. Public debt.—(1) The public debt of Bihar attributable to loans raised by the issue of** Government securities and outstanding with the public immediately before the appointed day shall continue to be the debt of Bihar: Provided that— (a) West Bengal shall be liable to pay to Bihar a share of the sums due from time to time for the servicing and repayment of the public debt; and (b) for the purpose of determining the said share, the said debt shall be deemed to be divided between Bihar and West Bengal as if it were a debt referred to in sub-section (2). (2) The public debt of Bihar attributable to loans taken from the Central Government, the Reserve Bank of India or any other bank before the appointed day shall be divided between Bihar and West Bengal in proportion to the total expenditure on all capital works and other capital outlays incurred up to the appointed day in the territories of Bihar excluding the transferred territories and in the transferred territories, respectively: Provided that for the purposes of such division, only expenditure on assets for which capital accounts have been kept shall be taken into account. (3) Where a sinking fund or depreciation fund is maintained by Bihar for the repayment for any loan raised by it, the securities held in respect of investments made from that fund shall be divided between Bihar and West Bengal in the same proportion as the public debt referred to in sub-section (2). (4) In this section, the expression “Government security means a security created and issued for the purpose of raising a public loan and having any of the forms specified or prescribed under clause (2) of section 2 of the Public Debt Act, 1944 (18 of 1944). **29. Refund of taxes collected in excess.—The liability of Bihar to refund any tax or duty on property** situate in the transferred territories, including land revenue, collected in excess shall be the liability of West Bengal and the liability of Bihar to refund any other tax or duty collected in excess in any case where the place of assessment of that tax or duty is in the transferred territories shall also be the liability of West Bengal. **30. Deposits.—The liability of Bihar in respect of any civil deposit or local fund deposit made in the** transferred territories shall, as from the appointed day, be the liability of West Bengal. 9 ----- **31. Provident Funds.—The liability of Bihar in respect of the provident fund account of any** Government servant who, being in service on the appointed day, is permanently allotted to West Bengal shall, as from that day, be the liability of West Bengal. **32. Pensions.—The liability of Bihar in respect of pensions shall be apportioned between that State** and West Bengal in accordance with the provisions contained in the Schedule. **33. Contracts.—(1) Where, before the appointed day, the State of Bihar has made any contract in the** exercise of its executive power for any purposes of the State that contract shall be deemed to have been made in the exercise of the executive power— (a) of Bihar, if the purposes of the contract are, as from the appointed day, exclusively purposes of that State; (b) of West Bengal, if the purposes of the contract are, as from that day, exclusively purposes of that State; and (c) of Bihar, in any other case; and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they would have been rights or liabilities of Bihar, be rights or liabilities of Bihar or of West Bengal, as the case may be: Provided that in any such case as is referred to in clause (c), the initial allocation of rights and liabilities made by this sub-section shall be subject to such financial adjustment as may be agreed upon between the two States, or in default of such agreement, as the Central Government may by order direct. (2) For the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract— (a) any liability to satisfy an order or award made by any Court or other tribunal in proceedings relating to the contract; and, (b) any liability in respect of expenses incurred in or in connection with any such proceedings. (3) This section shall have effect subject to the other provisions of this Part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations, and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions. **34. Liability in respect of actionable wrong.—Where, immediately before the appointed day, Bihar** is subject to any liability in respect of actionable wrong other than breach of contract, that liability shall,— (a) if the cause of action arose wholly within the transferred territories, be a liability of West Bengal; (b) if the cause of action arose wholly within the territories of Bihar excluding the transferred territories, be a liability of Bihar; and (c) in any other case, be initially a liability of Bihar, but subject to such financial adjustment as may be agreed upon between that State and West Bengal, or in default of such agreement, as the Central Government may by order direct. **35. Liability as guarantor of co-operative societies.—Where, immediately before the appointed** day, Bihar is liable as guarantor in respect of any liability of a registered co-operative society, that liability shall— (a) if the area of the society's operations is limited to the transferred territories, be a liability of West Bengal; and (b) in any other case, continue to be a liability of Bihar. 10 ----- **36. Items in suspense.—If any item in suspense is ultimately found to affect an asset or liability of** the nature referred to in any of the foregoing provisions of this Part, it shall be dealt with in accordance with that provision. **37. Power of the Central Government to order allocation or adjustment in certain cases.—** Where either Bihar or West Bengal becomes entitled to any property or obtains any benefits or becomes subject to any liability and the Central Government, on a reference made within a period of three years from the appointed day by either of the States, is of opinion that it is just and equitable that that property or those benefits should be transferred to, or shared with, the other State or that a contribution towards that liability should be made by the other State, the said property or benefits shall be allocated in such manner between the two States, or the other State shall make to the State subject to the liability of such contribution in respect thereof, as the Central Government may, after consultation with the two State Governments, by order determine. **38. Certain expenditure to be charged on the Consolidated Fund.—All sums payable by either** Bihar or West Bengal to the other State by virtue of the provisions of this Part shall be charged on the Consolidated Fund of the State by which such sums are payable. PART VII ADMINISTRATIVE PROVISIONS **39. State Financial Corporations.—(1) As from the appointed day, the Financial Corporations** constituted under the State Financial Corporations Act, 1951 (63 of 1951), for the States of Bihar and West Bengal shall be deemed to have been constituted for those States with their areas as altered by the provisions of section 3. (2) Bihar shall be liable to pay to West Bengal on account of its share of the paid-up capital of the Bihar State Financial Corporation such amount as the Central Government may by order determine. **40. Temporary provisions as to the continuance of certain existing road transport permits.—(1)** Notwithstanding anything contained in section 63 of the Motor Vehicles Act, 1939 (4 of 1939), a permit granted by the State Transport Authority of Bihar or by any Regional Transport Authority in Bihar shall, if such permit was immediately before the appointed day valid and effective in any area within the transferred territories, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that Act as for the time being in force in that area; and it shall not be necessary for any such permit to be countersigned by the State Transport Authority of West Bengal or by any Regional Transport Authority in West Bengal for the purpose of validating it for use in such area: Provided that the Central Government may, after consultation with the State Governments, add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted. (2) No toll, entrance fee or other charge of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in the transferred territories under any such permit, if such vehicle was immediately before that day exempt from the payment of any such toll, entrance fee or other charge for its operations beyond the boundaries of Bihar: Provided that the Central Government may, after consultation with both the State Governments, authorise the levy of any such toll, entrance fee or other charge, as the case may be. **41. Provisions relating to services.—(1) Every person who immediately before the appointed day is** serving in connection with the affairs of Bihar shall, as from that day, continue so to serve, unless he is required by general or special order of the Central Government to serve provisionally in connection with the affairs of West Bengal. (2) As soon as may be after the appointed day, the Central Government shall by general or special order determine the State to which every person provisionally allotted to West Bengal shall be finally allotted for service and the date from which such allotment shall take effect or be deemed to have taken effect. 11 ----- (3) Every person who is finally allotted under the provisions of sub-section (2) to Bihar or West Bengal shall, if he is not already serving therein, be made available for serving in that State from such date as may be agreed upon between the two State Governments and in default of such agreement, as may be determined by the Central Government. (4) Nothing in this section shall be deemed to affect after the appointed day the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of Bihar or of West Bengal: Provided that the conditions of service applicable immediately before the appointed day to the case of any person provisionally or finally allotted to West Bengal under this section shall not be varied to his disadvantage except with the previous approval of the Central Government. (5) The Central Government may at any time before or after the appointed day give such directions to either State Government as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this section and the State Government shall comply with such directions. **42. Provisions as to the continuance of officers in the same posts.—Every person who,** immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of Bihar in any area within the transferred territories shall continue to hold the same post or office in West Bengal, and shall be deemed as from that day to have been duly appointed to that post or office by the Government of, or other appropriate authority in, West Bengal: Provided that nothing in this section shall be deemed to prevent a competent authority, after the appointed day, from passing in relation to any such person any order affecting his continuance in such post or office. PART VIII LEGAL AND MISCELLANEOUS PROVISIONS **43. Territorial extent of laws.—The provisions of section 3 shall not be deemed to have effected any** change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to Bihar or West Bengal shall, until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that State immediately before the appointed day. **44. Power to adapt laws.—For the purpose of facilitating the application of any law in relation to** Bihar or West Bengal, the appropriate Government may, before the expiration of one year from the appointed day, by order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent authority or competent legislature. _Explanation.—In this section, the expression “appropriate Government” means as respects any law_ relating to a matter enumerated in the Union List the Central Government, and as respects any other law, the State Government. **45. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been** made for the adaptation of a law made before the appointed day, any Court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to Bihar or West Bengal, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the Court, tribunal or authority. **46. Power to name authorities, etc. for exercising statutory functions.—The Government of West** Bengal may, by notification in the Official Gazette, specify the authority, officer or person who, as from the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day in any part of the transferred territories as may be mentioned in that notification, and such law shall have effect accordingly. 12 ----- **47. Legal proceedings.—Where, immediately before the appointed day, the State of Bihar is a party** to any legal proceedings with respect to any property rights or liabilities transferred to the State of West Bengal under this Act, that State shall be deemed to be substituted for the State of Bihar as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly. **48. Transfer of pending proceedings.—(1) Every proceeding pending immediately before the** appointed day before a Court (other than a High Court), tribunal, authority or officer— (a) in any area which on that day remains within Bihar shall, if it is a proceeding relating exclusively to any part of the transferred territories, stand transferred to the corresponding Court, tribunal authority or Officer in West Bengal; and (b) in any area which on that day falls within the transferred territories shall, if it is a proceeding relating exclusively to any part of the territories remaining within Bihar, stand transferred to the corresponding Court, tribunal, authority or officer in that State. (2) if any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the High Court having jurisdiction in respect of the area in which the Court, tribunal, authority or officer before which, or before whom, such proceeding is pending on the appointed day, is functioning and the decision of that High Court shall be final. (3) In this section,— (a) “proceeding” includes any suit, case or appeal; and (b) “Corresponding Court, tribunal authority or officer” in a State means— (i) the Court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or (ii) in case of doubt, such Court, tribunal, authority or officer in that State as may be determined after the appointed day by the Government of that State, or before the appointed day by the Government of Bihar, to be the corresponding Court, tribunal authority or officer. **49. Right of pleaders to practise in certain Courts.—Any person who, immediately before the** appointed day, is enrolled as a pleader entitled to practise in any subordinate Courts in the transferred territories shall, for a period of six months from that day, continue to be entitled to practise in those Courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those Courts has been transferred to West Bengal. **50. Effect of provisions inconsistent with other laws.—The provisions of this Act shall have effect** notwithstanding anything inconsistent therewith contained in any other law. **51. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this** Act, the President may by order do anything not inconsistent with such provision which appear to him to be necessary or expedient for the purpose of removing the difficulty. **52. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules to give effect to the provisions of this Act. 1[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 1. Subs. by Act 4 of 1986, s. 2 and the Schedule, for sub-section (2) (w.e.f. 15-5-1986). 13 ----- THE SCHEDULE (Sec section 32) APPORTIONMENT OF LIABILITY IN RESPECT OF PENSIONS 1. Subject to the adjustments mentioned in paragraph 3, each of the States of Bihar and West Bengal shall, in respect of pensions granted by Bihar before the appointed day, pay the pensions drawn in its treasuries. 2. Subject to the said adjustments, the liability in respect of pensions of officers serving in connection with the affairs of Bihar who retire or proceed on leave preparatory to retirement before the appointed day, but whose claims for pensions are outstanding immediately before that day, shall be the liability of Bihar. 3. There shall be computed in respect of the period commencing on the appointed day and ending on the 31st day of March, 1957 and in respect of each subsequent financial year, the total payments made in respect of pensions referred to in paragraphs 1 and 2, that total, representing the liability of Bihar in respect of pensions shall be apportioned between Bihar and West Bengal in the population ratio, and the State paying more than its due share shall be reimbursed the excess amount by the other State. 4. (1) The liability in respect of the pension of any officer serving immediately before the appointed day in connection with the affairs of Bihar, and retiring on or after that day, shall be the liability of the State which grants him the pension; but the portion of the pension attributable to the service of any such officer before the appointed day in connection with the affairs of Bihar shall be allocated between Bihar and West Bengal in the population ratio, and the Government which grants the pension shall be entitled to receive from the other Government its share of this liability. (2) If any such officer was serving after the appointed day for some period in connection with the affairs of Bihar and for some period in connection with the affairs of West Bengal, the Government other than the one granting the pension shall reimburse to the Government by which the pension is granted an amount which bears to the portion of the pension attributable to his service after the appointed day the same ratio as the period of his qualifying service after the appointed day under the reimbursing State bears to the total qualifying service after the appointed day reckoned for the purposes of pension. 5. Any reference in this Schedule to a pension shall be construed as including a reference to the commuted value of the pension. 14 -----

4-Sep-1956

42

The Securities Contracts (Regulation) Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1644/1/A195642.pdf

central

# THE SECURITIES CONTRACTS (REGULATION) ACT, 1956 _____ ARRANGEMENT OF SECTIONS ______ PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 2A. Interpretation of certain words and expressions. RECOGNISED STOCK EXCHANGE 3. Application for recognition of stock exchanges. 4. Grant of recognition to stock exchanges. 4A. Corporatisation and demutualisation of stock exchanges. 4B. Procedure for corporatisation and demutualisation. 5. Withdrawal of recognition. 6. Power of Central Government to call for periodical returns or direct inquiries to be made. 7. Annual reports to be furnished to the Central Government by stock exchanges. 7A. Power of recognised stock exchange to make rules restricting voting rights, etc. 8. Power of Central Government to direct rules to be made or to make rules. 8A. Clearing corporation. 9. Power of recognised stock exchanges to make bye-laws. 10. Power of Securities and Exchange Board of India to make or amend bye-laws of recognised stock exchanges. 11. Power of Central Government to supersede governing body of a recognised stock exchange. 12. Power to suspend business of recognised stock exchanges. 12A. Power to issue directions. CONTRACTS AND OPTIONS IN SECURITIES 13. Contracts in notified areas illegal in certain circumstances. 13A. Additional trading floor. 14. Contracts in notified areas to be void in certain circumstances. 15. Members may not act as principals in certain circumstances. 16. Power to prohibit contracts in certain cases. 17. Licensing of dealers in securities in certain areas. 17A. Public issue and listing of securities referred to in sub-clause (ie) of clause (h) of section 2. 18. Exclusion of spot delivery contracts from sections 13, 14, 15 and 17. 18A. Contracts in derivatives. 19. Stock exchanges other than recognised stock exchanges prohibited. 20. [Omitted.]. LISTING OF SECURITIES BY PUBLIC COMPANIES 21. Conditions for listing. 21A. Delisting of securities. 1 ----- SECTIONS 22. Right of appeal against refusal by stock exchanges to list securities of public companies. 22A. Right of appeal to Securities Appellate Tribunal against refusal of stock exchange to list securities of public companies. 22B. Procedure and powers of Securities Appellate tribunal. 22C. Right to legal representation. 22D. Limitation. 22E. Civil Court not to have jurisdiction. 22F.Appeal to High Court. PENALTIES AND PROCEDURE 23. Penalties. 23A. Penalty for failure to furnish information, return, etc. 23B. Penalty for failure by any person to enter into an agreement with clients. 23C. Penalty for failure to redress Investors grievances. 23D. Penalty for failure to segregate securities or moneys of client or clients. 23E. Penalty for failure to comply with provision of listing conditions or delisting conditions or grounds. 23F. Penalty for excess dematerialisation or delivery of unlisted securities. 23G. Penalty for failure to furnish periodical returns, etc. 23GA. Penalty for failure to conduct business in accordance with rules, etc. 23H. Penalty for contravention where no separate penalty has been provided. 23-I. Power to adjudicate. 23J. Factors to be taken into account while adjudicating quantum of penalty. 23JA. Settlement of administrative and civil proceedings. 23JB. Recovery of amounts. 23JC. Continuance of proceedings. 23K. Crediting sum realised by way of penalties to Consolidated Fund of India. 23L. Appeal to Securities Appellate Tribunal. 23M. Offences. 23N. Composition of certain offences. 23-O. Power to grant immunity. 24. Contravention by companies. 25. Certain offences to be cognizable. 26. Cognizance of offences by courts. 26A. Establishment of Special Courts. 26B. Offences triable by Special Courts. 26C. Appeal and Revision. 26D. Application of Code to proceedings before Special Court. 26E. Transitional provisions. 2 ----- MISCELLANEOUS SECTIONS 27. Title to dividends. 27A. Right to receive income from collective investment scheme. 27B. Right to receive income from mutual fund. 28. Act not to apply in certain cases. 29. Protection of action taken in good faith. 29A. power to delegate. 29B. Powers of the Securities and Exchange Board of India not to apply to International Financial Services Centre. 30. Power to make rules. 30A. Special provisions related to commodity derivatives. 30B. Special provisions related to pooled investment vehicle. 31. Power of Securities and Exchange Board of India to make regulations. 32. Validation of certain acts. 3 ----- # THE SECURITIES CONTRACTS (REGULATION) ACT, 1956 # ACT NO. 42 OF 1956 [4th September, 1956.] # An Act to prevent undesirable transactions in securities by regulating the business of dealing therein, by [1]*** providing for certain other matters connected therewith. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:— PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Securities Contracts** (Regulation) Act, 1956. (2) It extents to the whole of India. (3) It shall come into force on such date[2] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a)“Contract”means a contract for or relating to the purchase or sale of securities; 3[(aa) “corporatisation” means the succession of a recognised stock exchange, being a body of individuals or a society registered under the Societies Registration Act, 1860 (21 of 1860), by another stock exchange, being a company incorporated for the purpose of assisting, regulating or controlling the business of buying, selling or dealing in securities carried on by such individuals or society; (ab) “demutualisation” means the segregation of ownership and management from the trading rights of the members of a recognised stock exchange in accordance with a scheme approved by the Securities and Exchange Board of India;] 4[5[(ac)] “derivative” includes— (A) a security derived from a debt instrument, share, loan, whether secured or unsecured, risk instrument or contract for differences or any other form of security; (B) a contact which derives its value from the prices, or index of prices, of underlying securities;] 6[(C) commodity derivatives; and (D) such other instruments as may be declared by the Central Government to be derivatives;] (b) “Government security” means a security created and issued, whether before or after the commencement of this Act, by the Central Government or a State Government for the purpose of raising a public loan and having one of the forms specified in clause (2) of section 2 of the Public Debt Act, 1944 (13 of 1944); 6[(bb) “goods” mean every kind of movable property other than actionable claims, money and securities; (bc) “commodity derivative” means a contract— (i) for the delivery of such goods, as may be notified by the Central Government in the Official Gazette, and which is not a ready delivery contract; or 1. The words “by prohibiting options” omitted by Act 9 of 1995, s. 18 (w.e.f 25-1-1995). 2. 20th February, 1957, vide notification No. S.R.O. 528, dated 16th February, 1957, see Gazette of India, Extraordinary, Part II, sec. 3 this Act has been extended in its application to the Union territory Goa, Daman and Diu by the Act 11 of 1963, s. 3 and the Schedule (w.e.f 1-2-1965). 3. Ins. by Act 1 of 2005, s. 2 (w.e.f. 12-10-2004). 4. Ins. by Act 31 of 1999, s. 2 (w.e.f. 22-2-2000). 5. Clause (aa) re-lettered as clause (ac) thereof by Act 1 of 2005, s. 2 (w.e.f. 12-10-2004). 6. Ins. by Act 20 of 2015, s. 133 (w.e.f. 14-5-2015). 4 ----- (ii) for differences, which derives its value from prices or indices of prices of such underlying goods or activities, services, rights, interests and events, as may be notified by the Central Government, in consultation with the Board, but does not include securities as referred to in sub-clauses (A) and (B) of clause (ac);] (c) “member” means a member of a recognised stock exchange; 1[(ca) “non-transferable specific delivery contract” means a specific delivery contract, the rights or liabilities under which or under any delivery order, railway receipt, bill of lading, warehouse receipt or any other documents of title relating thereto are not transferable;] (d)“option in securities” means a contract for the purchase or sale of a right to buy or sell, or a right to buy and sell, securities in future, and includes a teji, a mandi, a tejimandi, a galli, a put, a call or a put and call in securities; 2[(da) “pooled investment vehicle” means a fund established in India in the form of a trust or otherwise, such as mutual fund, alternative investment fund, collective investment scheme or a business trust as defined in sub-section (13A) of section 2 of the Income-tax Act, 1961 (43 of 1961) and registered with the Securities and Exchange Board of India, or such other fund, which raises or collects monies from investors and invests such funds in accordance with such regulations as may be made by the Securities and Exchange Board of India in this behalf;] (e) “prescribed” means prescribed by rules made under this Act; 1[(ea) “ready delivery contract” means a contract which provides for the delivery of goods and the payment of a price therefor, either immediately, or within such period not exceeding eleven days after the date of the contract and subject to such conditions as the Central Government may, by notification in the Official Gazette, specify in respect of any goods, the period under such contract not being capable of extension by the mutual consent of the parties thereto or otherwise: Provided that where any such contract is performed either wholly or in part; (I) by realisation of any sum of money being the difference between the contract rate and the settlement rate or clearing rate or the rate of any offsetting contract; or (II) by any other means whatsoever, and as a result of which the actual tendering of the goods covered by the contract or payment of the full price therefor is dispensed with, then such contract shall not be deemed to be a ready delivery contract;] (f) “recognised stock exchange” means a stock exchange which is for the time being recognised by the Central Government under section 4; (g) “rules”, with reference to the rules relating in general to the constitution and management of a stock exchange, includes, in the case of a stock exchange which is an incorporated association, its memorandum and articles of association; 3[(ga) “scheme” means a scheme for corporatisation or demutualisation of a recognised stock exchange which may provide for— (i) the issue of shares for a lawful consideration and provision of trading rights in lieu of membership cards of members of a recognised stock exchange; (ii) the restrictions on voting rights; (iii) the transfer of property, business, assets, rights, liabilities, recognitions, contracts of the recognised stock exchange, legal proceedings by, or against, the recognised stock exchange, whether in the name of the recognised stock exchange or any trustee or otherwise and any permission given to, or by, the recognised stock exchange; (iv) the transfer of employees of a recognised stock exchange to another recognised stock exchange; (v) any other matter required for the purpose of, or in connection with, the corporatisation or demutulisation, as the case may be, of the recognised stock exchange;] 4[5[(gb)] “Securities Appellate Tribunal” means a Securities Appellate Tribunal established under sub section (1) of section 15K of the Securities and Exchange Board of India Act, 1992 (15 of 1992);] (h) “securities” include— (i) shares, scrips stocks, bonds, debentures, debenture stock or other marketable securities of a like nature in or of any incorporated company or [6][or a pooled investment vehicle or other body corporate]; 1. Ins. by Act 20 of 2015, s. 133 (w.e.f. 14-5-2015). 2. Ins. by Act 13 of 2021, s. 148 (w.e.f. 1-4-2021). 3. Ins. by Act 1 of 2005, s. 2 (w.e.f. 12-10-2004). 4. Ins. by Act 32 of 1999, s. 2 (w.e.f. 16-12-1999). 5. Clause (ga) re-lettered as clause (gb) thereof by s. 2, ibid. (w.e.f.12-10-2004). 6. Subs. by Act 13 of 2021, s. 148, for “other body corporate” (w.e.f. 1-4-2021). 5 ----- 1[(ia) derivative; (ib) units or any other instrument issued by any collective investment scheme to the investors in such schemes;] 2[(ic) security receipt as defined in clause (zg) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002);] 3[(id) units or any other such instrument issued to the investors under any mutual fund scheme;] 4[(ida) units or any other instrument issued by any pooled investment vehicle;] 5[Explanation.—For the removal of doubts, it is hereby declared that "securities" shall not include any unit linked insurance policy or scrips or any such instrument or unit, by whatever name called, which provides a combined benefit risk on the life of the persons and investment by such persons and issued by an insurer referred to in clause (9) of section 2 of the Insurance Act, 1938(4 of 1938).] 6[(ie) any certificate or instrument (by whatever name called), issued to an investor by any issuer being a special purpose distinct entity which possesses any debt or receivable, including mortgage debt, assigned to such entity, and acknowledging beneficial interest of such investor in such debt or receiveable including mortgage debt, as the case may be;] (ii) Government securities; and (iii) rights or interests in securities; 7[(ha) “specific delivery contract” means a commodity derivative which provides for the actual delivery of specific qualities or types of goods during a specified future period at a price fixed thereby or to be fixed in the manner thereby agreed and in which the names of both the buyer and the seller are mentioned;] 8[(i) “spot delivery contract” means a contract which provides for,— (a) actual delivery of securities and the payment of a price therefor either on the same day as the date of the contract or on the next day, the actual period taken for the dispatch of the securities or the remittance of money therefor through the post being excluded from the computation of the period aforesaid if the parties to the contract do not reside in the same town or locality; (b) transfer of the securities by the depository from the account of a beneficial owner to the account of another beneficial owner when such securities are dealt with by a depository;] 9[(j) “stock exchange” means— (a) any body of individuals, whether incorporated or not, constituted before corporatisation and demutualisation under sections 4A and 4B, or (b) a body corporate incorporated under the Companies Act, 1956 whether under a scheme of corporatisation and demutualisation or otherwise, for the purpose of assisting, regulating or controlling the business of buying, selling or dealing in securities;] 1. Ins. by Act 31 of 1999, s. 2 (w.e.f. 22-2-2000). 2. Ins. by Act 54 of 2002, s. 41 and the Schedule (w.e.f. 21-6-2002). 3. Ins. by Act 1 of 2005, s. 2 (w.e.f. 12-10-2005). 4. Ins by Act 13 of 2021, s. 148 (w.e.f.1-4-2021). 5. The Explanation ins. by Act 26 of 2010, s. 4 (w.e.f. 9-4-2010). 6. Ins. by Act 27 of 2007, s. 2 (w.e.f. 28-5-2007). 7. Ins. by Act 20 of 2015, s. 133 (w.e.f. 14-5-2015). 8. Subs. by Act 22 of 1996, s. 30 and the Schedule, for clause (i) (w.e.f. 20-9-1995). 9. Subs. by Act 1 of 2005, s. 2, for clause (j) (w.e.f. 12-10-2005). 6 ----- 1[(k) “transferable specific delivery contract” means a specific delivery contract which is not a non-transferable specific delivery contract and which is subject to such conditions relating to its transferability as the Central Government may by notification in the Official Gazette, specify in this behalf.] **2[2A. Interpretation of certain words and expressions.—Words and expressions used herein and** not defined in this Act but defined in the Companies Act, 1956 (1 of 1956) or the Securities and Exchange Board of India Act, 1992 (15 of 1992) or the Depositories Act, 1996 (22 of 1996) shall have the same meanings respectively assigned to them in those Acts.] RECOGNISED STOCK EXCHANGE **3. Application for recognition of stock exchanges.—(1) Any stock exchange, which is desirous of** being recognised for the purposes of this Act, may make an application in the prescribed manner to the Central Government. (2) Every application under sub-section (1) shall contain such particulars as may be prescribed, and shall be accompanied by a copy of the bye-laws of the stock exchange for the regulation and control of contracts and also a copy of the rules relating in general to the constitution of the stock exchange, and in particular, to— (a) the governing body of such stock exchange, its constitution and powers of management and the manner in which the business is to be transacted; (b) the powers and duties of the office bearers of the stock exchange; (c) the admission into the stock exchange of various classes of members, the qualifications for memberships, and the exclusion, suspension, expulsion and re-admission of members therefrom or thereinto; (d) the procedure for the registration of partnerships as members of the stock exchange in cases where the rules provide for such membership; and the nomination and appointment of authorised representatives and clerks. **4. Grant of recognition to stock exchanges.—(1) If the Central Government is satisfied, after** making such inquiry as may be necessary in this behalf and after obtaining such to further information, if any, as it may require,— (a) that the rules and bye-laws of a stock exchange applying for registration are in conformity with such conditions as may be prescribed with a view to ensure fair dealing and to protect investors; (b) that the stock exchange is willing to comply with any other conditions (including conditions as to the number of members) which the Central Government, after consultation with the governing body of the stock exchange and having regard to the area served by the stock exchange and its standing and the nature of the securities dealt with by it, may impose for the purpose of carrying out the objects of this Act; and (c) that it would be in the interest of the trade and also in the public interest to grant recognition to the stock exchange; it may grant recognition to the stock exchange subject to the conditions imposed upon it as aforesaid and in such form as may be prescribed. (2) The conditions which the Central Government may prescribe under clause (a) of sub-section (1) for the grant of recognition to the stock exchanges may include, among other matters, conditions relating to,— (i) the qualifications for membership of stock exchanges; (ii) the manner in which contracts shall be entered into and enforced as between members; 1. Ins. by Act 20 of 2015, s. 133 (w.e.f. 14-5-2015). 2. Ins. by Act 32 of 1999, s. 3 (w.e.f. 16-12-1999). 7 ----- (iii) the representation of the Central Government on each of the stock exchanges by such number of persons not exceeding three as the Central Government may nominate in this behalf; and (iv) the maintenance of accounts of members and their audit by Chartered accountants wherever such audit is required by the Central Government. (3) Every grant of recognition to a stock exchange under this section shall be published in the Gazette of India and also in the Official Gazette of the State in which the principal office of the stock exchange is situate, and such recognition shall have effect as from the date of its publication in the Gazette of India. (4) No application for the grant of recognition shall be refused except after giving an opportunity to the stock exchange concerned to be heard in the matter; and the reasons for such refusal shall be communicated to the stock exchange in writing. (5) No rules of a recognised stock exchange relating to any of the matters specified in sub-section (2) of section 3 shall be amended except with the approval of the Central Government. **1[4A. Corporatisation and demutualisation of stock exchanges.—On and from the appointed date,** all recognised stock exchanges (if not corporatised and demutualised before the appointed date) shall be corporatised and demutualised in accordance with the provisions contained in section 4B: Provided that the Securities and Exchange Board of India may, if it is satisfied that any recognised stock exchange was prevented by sufficient cause from being corporatised and demutualised on or after the appointed date, specify another appointed date in respect of that recognised stock exchange and such recognised stock exchange may continue as such before such appointed date. _Explanation.—For the purposes of this section, “appointed date” means the date which the Securities_ and Exchange Board of India may, by notification in the Official Gazette, appoint and different appointed dates may be appointed for different recognised stock exchanges.] **4B. Procedure for corporatisation and demutualisation.—(1) All recognised stock exchanges** referred to in section 4A shall, within such time as may be specified by the Securities and Exchange Board of India, submit a scheme for corporatisation and demutulisation for its approval: Provided that the Securities and Exchange Board of India, may, by notification in the Official Gazette, specify name of the recognised stock exchange, which had already been corporatised and demutualised, and such stock exchange shall not be required to submit the scheme under this section. (2) On receipt of the scheme referred to in sub-section (1), the Securities and Exchange Board of India may, after making such enquiry as may be necessary in this behalf and obtaining such further information, if any, as it may require and if it is satisfied that it would be in the interest of the trade and also in the public interest, approve the scheme with or without modification. (3) No scheme under sub-section (2) shall be approved by the Securities and Exchange Board of India if the issue of shares for a lawful consideration or provision of trading rights in lieu of membership card of the members of a recognised stock exchange or payment of dividends to members have been proposed out of any reserves or assets of that stock exchange. (4) Where the scheme is approved under sub-section (2), the scheme so approved shall be published immediately by— (a) the Securities and Exchange Board of India in the Official Gazette; (b) the recognised stock exchange in such two daily newspapers circulating in India, as may be specified by the Securities and Exchange Board of India, and upon such publication, notwithstanding anything to the contrary contained in this Act or any other law for the time being in force or any agreement, award, judgment, decree or other instrument for the time being in force, the scheme shall have effect and be binding on all persons and authorities including all members, creditors, depositors and employees of the recognised stock exchange and on all persons having 1. Ins. by Act 1 of 2005, s. 3 (w.e.f. 12-10-2004). 8 ----- any contract, right, power, obligation or liability with, against, over, to, or in connection with, the recognised stock exchange or its members. (5) Where the Securities and Exchange Board of India is satisfied that it would not be in the interest of the trade and also in the public interest to approve the scheme under sub-section (2), it may, by an order, reject the scheme and such order of rejection shall be published by it in the Official Gazette: Provided that the Securities and Exchange Board of India shall give a reasonable opportunity of being heard to all the persons concerned and the recognised stock exchange concerned before passing an order rejecting the scheme. (6) The Securities and Exchange Board of India may, while approving the scheme under sub-section (2), by an order in writing, restrict— (a) the voting rights of the shareholders who are also stock brokers of the recognised stock exchange; (b) the right of shareholders or a stock broker of the recognised stock exchange to appoint the representatives on the governing board of the stock exchange; (c) the maximum number of representatives of the stock brokers of the recognised stock exchange to be appointed on the governing board of the recognised stock exchange, which shall not exceed onefourth of the total strength of the governing board. (7) The order made under sub-section (6) shall be published in the Official Gazette and on the publication thereof, the order shall, notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956), or any other law for the time being in force, have full effect. (8) Every recognised stock exchange, in respect of which the scheme for corporatisation or demutualisation has been approved under sub-section (2), shall, either by fresh issue of equity shares to the public or in any other manner as may be specified by the regulations made by the Securities and Exchange Board of India, ensure that at least fifty-one per cent. of its equity share capital is held, within twelve months from the date of publication of the order under sub-section (7), by the public other than shareholders having trading rights: Provided that the Securities and Exchange Board of India may, on sufficient cause being shown to it and in the public interest, extend the said period by another twelve months.] **5. Withdrawal of recognition.—[1][(1)] If the Central Government is of opinion that the recognition** granted to a stock exchange under the provisions of this Act should, in the interest of the trade or in the public interest, be withdrawn, the Central Government may serve on the governing body of the stock exchange a written notice that the Central Government is considering the withdrawal of the recognition for the reasons stated in the notice, and after giving an opportunity to the governing body to be heard in the matter, the Central Government may withdraw, by notification in the Official Gazette, the recognition granted to the stock exchange; Provided that no such withdrawal shall affect the validity of any contract entered into or made before the date of the notification, and the Central Government may, after consultation with the stock exchange, make such provision as it deems fit in the notification of withdrawal or in any subsequent notification similarly published for the due performance of any contracts outstanding on that date. 2[(2) Where the recognised stock exchange has not been corporatised or demutualised or it fails to submit the scheme referred to in sub-section (1) of section 4B within the specified time therefor or the scheme has been rejected by the Securities and Exchange Board of India under sub-section (5) of section 4B, the recognition granted to such stock exchange under section 4, shall, notwithstanding anything to the contrary contained in this Act, stand withdrawn and the Central Government shall publish, by notification in the Official Gazette, such withdrawal of recognition: 1. Section 5 numbered as sub-section (1) thereof by Act 1 of 2005, s. 4 (w.e.f. 12-10-2004). 2. Ins. by s. 4, ibid. (w.e.f. 12-10-2004). 9 ----- Provided that no such withdrawal shall affect the validity of any contract entered into or made before the date of the notification, and the Securities and Exchange Board of India may, after consultation with the stock exchange, make such provisions as it deems fit in the order rejecting the scheme published in the Official Gazette under sub-section (5) of section 4B.] **6. Power of Central Government to call for periodical returns or direct inquiries to be made.—** (1) Every recognised stock exchange shall furnish to the [1][Securities and Exchange Board of India] such periodical returns relating to its affairs as may be prescribed. (2) Every recognised stock exchange and every member thereof shall maintain and preserve for such periods not exceeding five years such books of account, and other documents as the Central Government, after consultation with the stock exchange concerned, may prescribe in the interest of the trade or in the public interest, and such books of account, and other documents shall be subject to inspection at all reasonable times [2][by the Securities and Exchange Board of India]. (3) Without prejudice to the provisions contained in sub-sections (1) and (2), the [1][Securities and Exchange Board of India], if it is satisfied that it is in the interest of the trade or in the public interest so to do, may order in writing,— (a) call upon a recognised stock exchange or any member thereof to furnish in writing such information or explanation relating to the affairs of the stock exchange or of the member in relation to the stock exchange as the [1][Securities and Exchange Board of India] may require; or (b) appoint one or more persons to make an inquiry in the prescribed manner in relation to the affairs of the governing body of a stock exchange or the affairs of any of the members of the stock exchange in relation to the stock exchange and submit a report of the result if such inquiry to the 1[Securities and Exchange Board of India] within such time as may be specified in the order or, in the case of an inquiry in relation to the affairs of any of the members of a stock exchange, direct the governing body to make the inquiry and submit its report to the Central Government (4) Where an inquiry in relation to the affairs of a recognised stock exchange or the affairs of any of its members in relation to the stock exchange has been undertaken under sub-section (3),— (a) every director, manager, secretary or other officer of such stock exchange; (b) every member of such stock exchange; (c) if the member of the stock exchange is a firm, every partner, manager, secretary or other officer of the firm; and (d) every other person or body of persons who has had dealing in the course of business with any of the persons mentioned in clauses (a), (b) and (c), whether directly or indirectly; shall be bound to produce before the authority making the inquiry all such books of account, and other documents in his custody or power relating to or having a bearing on the subject-matter of such inquiry and also to furnish the authorities within such time as may be specified with any such statement or information relating thereto as may be required of him. **7. Annual reports to be furnished to the Central Government by stock exchanges.—Every** recognised stock exchange shall furnish the Central Government with a copy of the annual report, and such annual report shall contain such particulars as may be prescribed. **3[7A. Power of recognised stock exchange to make rules restricting voting rights, etc.—(1) A** recognised stock exchange may make rules or amend any rules made by it to provide for all or any of the following matters, namely— (a) the restriction of voting rights to members only in respect of any matter placed before the stock exchange at any meeting; 1. Subs. by Act 15 of 1992, s. 33 and the Schedule, for “Central Government” (w.e.f. 30-1-1992). 2. Subs. by s. 33 and the Schedule, ibid., for “by the Central Government” (w.e.f. 30-1-1992). 3. Ins. by Act 49 of 1959, s. 2 (w.e.f. 8-12-1959). 10 ----- (b) the regulation of voting rights in respect of any matter placed before the stock exchange at any meeting so that such member may be entitled to have one vote only, irrespective of his share of the paid-up equity capital of the stock exchange; (c) the restriction on the right of a member to appoint another person as his proxy to attend and vote at a meeting of the stock exchange; (d) such incidental consequential and supplementary matters as may be necessary to give effect to any of the matters specified in clauses (a),(b) and (c). (2) No rules of a recognised stock exchange made or amended in relation to any matter referred to in clauses (a) to (d)of sub-section (1) shall have effect until they have been approved by the Central Government and published by that Government in the Official Gazette and, in approving the rules so made or amended, the Central Government may make such modifications therein as it thinks fit, and on such publication, the rules as approved by the Central Government shall be deemed to have been validly made, notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956).] **8. Power of Central Government to direct rules to be made or to make rules.—(1) Where, after** consultation with the governing bodies of stock exchanges generally or with the governing body of any stock exchange in particular, the Central Government is of opinion that it is necessary or expedient so to do, it may, by order in writing together with a statement of the reasons therefor, direct recognised stock exchanges generally or any recognised stock exchange in particular, as the case may be, to make any rules or to amend any rules already made in respect of all or any of the matters specified in sub-section (2) of section 3 within a period of[1][two months] from the date of the order. (2) If any recognised stock exchange fails or neglects to comply with any order made under sub-section (1) within the period specified therein, the Central Government may make the rules for, or amend the rules made by, the recognised stock exchange, either in the form proposed in the order or with such modifications thereof as may be agreed to between the stock exchange and the Central Government. (3) Where in pursuance of this section any rules have been made or amended, the rules so made or amended shall be published in the Gazette of India and also in the Official Gazette or Gazettes of the State or States in which the principal office or offices of the recognised stock exchange or exchanges is or are situate, and, on the publication thereof in the Gazette of India, the rules so made or amended shall, notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956), or in any other law for the time being in force, have effect, as if they had been made or amended by the recognised stock exchange or stock exchanges, as the case may be. **2[8A. Clearing corporation.—(1) A recognised stock exchange may, with the prior approval of the** Securities and Exchange Board of India, transfer the duties and functions of a clearing house to a clearing corporation, being a company incorporated under the Companies Act, 1956 (1 of 1956), for the purpose of— (a) the periodical settlement of contracts and differences thereunder; (b) the delivery of, and payment for, securities; (c) any other matter incidental to, or connected with, such transfer. (2) Every clearing corporation shall, for the purpose of transfer of the duties and functions of a clearing house to a clearing corporation referred to in sub-section (1), make bye-laws and submit the same to the Securities and Exchange Board of India for its approval. (3) The Securities and Exchange Board of India may, on being satisfied that it is in the interest of the trade and also in the public interest to transfer the duties and functions of a clearing house to a clearing corporation, grant approval to the bye-laws submitted to it under sub-section (2) and approve the transfer of the duties and functions of a clearing house to a clearing corporation referred to in sub-section (1). 1. Subs. by Act 9 of 1995, s. 19, for “six months” (w.e.f. 25-1-1995). 2. Ins. by Act 1 of 2005, s. 5 (w.e.f. 12-10-2004). 11 ----- (4) The provisions of sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 shall, as far as may be, apply to a clearing corporation referred to in sub-section (1) as they apply in relation to a recognised stock exchange.] **9. Power of recognised stock exchanges to make bye-laws.—(1) Any recognised stock exchange** may, subject to the previous approval of the [1][Securities and Exchange Board of India], make bye-laws for the regulation and control of contracts. (2) In particular, and without prejudice to the generality of the foregoing power, such bye-laws may provide for— (a) the opening and closing of markets and the regulation of the hours of trade; (b) a clearing house for the periodical settlement of contracts and differences here under, the delivery of and payment for securities, the passing on of delivery orders and the regulation and maintenance of such clearing house; (c) the submission to the [1][Securities and Exchange Board of India] by the clearing house as soon as may be after each periodical settlement of all or any of the following particulars as the [1][Securities and Exchange Board of India] may, from time to time, require, namely:— (i) the total number of each category of security carried over from one settlement period to another; (ii) the total number of each category of security, contracts in respect of which have been squared up during the course of each settlement period; (iii) the total number of each category of security actually delivered at each clearing; (d) the publication by the clearing house of all or any of the particulars submitted to the 1[Securities and Exchange Board of India] under clause (c) subject to the directions, if any, issued by the [1][Securities and Exchange Board of India] in this behalf; (e) the regulation or prohibition of blank transfers; (f) the number and classes of contracts in respect of which settlements shall be made or differences paid through the clearing house; (g) the regulation, or prohibition of budlas or carry-over facilities; (h) the fixing, altering or postponing of days for settlements; (i) the determination and declaration of market rates, including the opening, closing, highest and lowest rates for securities; (j) the terms, conditions and incidents of contracts, including the prescription of margin requirements, if any, and conditions relating thereto, and the forms of contracts in writing; (k) the regulation of the entering into, making, performance, rescission and termination, of contracts, including contracts between members or between a member and his constituent or between a member and a person who is not a member, and the consequences of default or insolvency on the part of a seller or buyer or intermediary, the consequences of a breach or omission by a seller or buyer, and the responsibility of members who are not parties to such contracts; (l) the regulation of taravanibusiness including the placing of limitations thereon; (m) the listing of securities on the stock exchange, the inclusion of any security for the purpose of dealings and the suspension or withdrawal of any such securities, and the suspension or prohibition of trading in any specified securities; (n) the method and procedure for the settlement of claims or disputes, including settlement by arbitration; (o) the levy and recovery of fees, fines and penalties; 1. Subs. by Act 15 of 1992, s. 33 and the Schedule, for “Central Government” (w.e.f. 30-1-1992). 12 ----- (p) the regulation of the course of business between parties to contracts in any capacity; (q) the fixing of a scale of brokerage and other chargers; (r) the making, comparing, settling and closing of bargains; (s) the emergencies in trade which may arise, whether as a result of pool or syndicated operations or cornering or otherwise, and the exercise of powers in such emergencies, including the power to fix maximum and minimum prices for securities; (t) the regulation of dealings by members for their own account; (u) the separation of the functions of the jobbers and brokers; (v) the limitations on the volume of trade done by any individual member in exceptional circumstances; (w) the obligation of members to supply such information or explanation and to produce such documents relating to the business as the governing body may require. (3) The bye-laws made under this section may— (a) specify the bye-laws the contravention of which shall make a contract entered into otherwise than in accordance with the bye-laws void under sub-section (1) of section14; (b) provide that the contravention of any of the bye-laws shall render the member concerned liable to one or more of the following punishments, namely:— (i) fine; (ii) expulsion from membership; (iii) suspension from membership for a specified period; (iv) any other penalty of a like nature not involving the payment of money. (4) Any bye-laws made under this section shall be subject to such conditions in regard to previous publication as may be prescribed, and when approved by the [1][Securities and Exchange Board of India], shall be published in the Gazette of India and also in the Official Gazette of the State in which the principal office of the recognised stock exchange is situate, and shall have effect as from the date of its publication in the Gazette of India; Provided that if the [1][Securities and Exchange Board of India] is satisfied in any case that in the interest of the trade or in the public interest any bye-law should be made immediately, it may, by order in writing specifying the reasons therefore, dispense with the condition of previous publication. **10. Power of** **[1][Securities and Exchange Board of India] to make or amend byelaws of** **recognised stockexchanges.—(1) The** [1][Securities and Exchange Board of India] may, either on a request in writing received by it in this behalf from the governing body of a recognised stock exchange or on its own motion, if it is satisfied after consultation with the governing body of the stock exchange that it is necessary or expedient so to do and after recording its reasons for so doing, make bye-laws for all or any of the matters specified in section 9 or amend any bye-laws made by such stock exchange under that section. (2) Where in pursuance of this section any bye-laws have been made or amended, the due-laws so made or amended shall be published in the Gazette of India and also in the Official Gazette of the State in which the principal office of the recognised stock exchange is situate, and on the publication thereof in the Gazette of India, the bye-laws so made or amended shall have effect as if they had been made or amended by the recognised stock exchange concerned. (3) Notwithstanding anything contained in this section, where the governing body of a recognised stock exchange objects to any bye-laws made or amended under this section by the [1][Securities and 1. Subs. by Act 15 of 1992, s. 33 and the Schedule, for “Central Government” (w.e.f. 30-1-1992). 13 ----- Exchange Board of India] on its own motion, it may, within [1][two months] of the publication thereof in the Gazette of India under sub-section (2), apply to the [2][Securities and Exchange Board of India] for revision thereof, and the [2][Securities and Exchange Board of India] may, after giving an opportunity to the governing body of the stock exchange to be heard in the matter, revise the bye-laws so made or amended, and where any bye-laws so made or amended are revised as a result of any action taken under this sub-section, the bye-laws so revised shall be published and shall become effective as provided in subsection (2). (4) The making or the amendment or revision of any bye-laws under this section shall in all cases be subject to the condition of previous publication: Provided that if the [2][Securities and Exchange Board of India] is satisfied in any case that in the interest of the trade or in the public interest any bye-laws should be made, amended or revised immediately, it may, by order in writing specifying the reasons therefor, dispense with the condition of previous publication. **11. Power of Central Government to supersede governing body of a recognised stock** **exchange.—(1) Without prejudice to any other powers vested in the Central Government under this Act,** where the Central Government is of opinion that the governing body of any recognised stock exchange should be superseded, then, notwithstanding anything contained in any other law for the time being in force, the Central Government may serve on the governing body a written notice that the Central Government is considering the supersession of the governing body for the reasons specified in the notice and after giving an opportunity to the governing body to be heard in the matter it may, by notification in the Official Gazette, declare the governing body of such stock exchange to be superseded, and may appoint any person or persons to exercise and perform all the powers and duties of the governing body, and, where more persons than one are appointed, may appoint one of such persons to be the chairman and another to be the Vice-Chairman thereof. (2) On the publication of a notification in the Official Gazette under sub-section (1), the following consequences shall ensue, namely:— (a) the members of the governing body which has been superseded shall, as from the date of the notification of supersession, cease to hold office as such members; (b)the person or persons appointed under sub-section (1)may exercise and perform all the powers and duties of the governing body which has been superseded; (c) all such property of the recognised stock exchange as the person or persons appointed under sub-section(1) may, by order in writing, specify in this behalf as being necessary for the purpose of enabling him or them to carry on the business of the stock exchange, shall vest in such person or persons. (3) Notwithstanding anything to the contrary contained in any law or the rules or bye-laws of the recognised stock exchange the governing body of which is superseded under sub-section (1), the person or persons appointed under that sub-section shall hold office for such period as may be specified in the notification published under that sub-section, and the Central Government may from time to time, by like notification, vary such period. (4) The Central Government may at any time before the determination of the period of office of any person or persons appointed under this section call upon the recognised stock exchange to re-constitute the governing body in accordance with its rules and on such re-constitution all the property of the stock exchange which has vested in, or was in the possession of, the person or persons appointed under subsection(1) shall re-vest or vest, as the case may be, in the governing body so re-constituted: Provided that until a governing body is so re-constituted, the person or persons appointed undersub section(1), shall continue to exercise and perform their powers and duties. 1. Subs. by Act 9 of 1995, s. 20, for “six months” (w,e,f, 25-1-1995). 2. Subs. by Act 15 of 1992, s. 33 and the Schedule, for “Central Government” (w.e.f. 30-1-1992). 14 ----- **12. Power to suspend business of recognised stock exchanges.—If in the opinion of the Central** Government an emergency has risen and for the purpose of meeting the emergency the Central Government considers it expedient so to do, it may, by notification in the Official Gazette, for reasons to be set out therein, direct a recognised stock exchange to suspend such of its business for such period not exceeding seven days and subject to such conditions as may be specified in the notification, and, if, in the opinion of the Central Government, the interest of the trade or the public interest requires that the period should be extended, may, by like notification extend the said period from time to time: Provided that where the period of suspension is to be extended beyond the first period, no notification extending the period of suspension shall be issued unless the governing body of the [1][recognised association stock exchange] has been given an opportunity of being heard in the matter. 2[12A. Power to issue directions.—3[1] If, after making or causing to be made an inquiry, the Securities and Exchange Board of India is satisfied it is necessary— (a) in the interest of investors, or orderly development of securities market; (b) to prevent the affairs of any recognised stock exchange or clearing corporation, or such other agency or person, providing trading or clearing or settlement facility in respect of securities, being conducted in a manner detrimental to the interests of investors or securities market; or (c) to secure the proper management of any such stock exchange or clearing corporation or agency or person, referred to in clause (b), it may issue such directions, — (i) to any stock exchange or clearing corporation or agency or person referred to in clause (b) or any person or class of persons associated with the securities market; or (ii) to any company whose securities are listed or proposed to be listed in a recognised stock exchange, as may be appropriate in the interests of investors in securities and the securities market.] 4[Explanation.—For the removal of doubts, it is hereby declared that power to issue directions under this section shall include and always be deemed to have been included the power to direct any person, who made profit or averted loss by indulging in any transaction or activity in contravention of the provisions of this Act or regulations made thereunder, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention.] 5[(2) Without prejudice to the provisions of sub-section (1) and section 23-I, the Securities and Exchange Board of India may, by an order, for reasons to be recorded in writing, levy penalty under section 23A, 23B, 23D, 23E, 23F, 23G, 23GA and 23H after holding an inquiry in the prescribed manner.] CONTRACTS AND OPTIONS IN SECURITIES **13. Contracts in notified areas illegal in certain circumstances.—If the Central Government is** satisfied, having regard to the nature or the volume of transactions in securities in any[6][State or States or area], that is necessary so to do, it may, by notification in the Official Gazette, declare this section to [apply to such[4][State or States or area], and thereupon every contract in such[4][State or States or area]](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=24559&iActID=379#f1) which is entered into after the date of the notification otherwise than[7][between members of a recognised [stock exchange or recognised stock exchanges] in such[4][State or States or area] or through or with such](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=24559&iActID=379#f1) member shall be illegal. 8[Provided that any contract entered into between members of two or more recognised stock exchanges in such State or States or area, shall— (i) be subject to such terms and conditions as may be stipulated by the respective stock exchanges with prior approval of Securities and Exchange Board of India; 1. Subs. by Act 56 of 1974, s. 2 and the First Schedule (w.e.f. 20-12-1974). 2. Ins. by Act 1 of 2005, s. 6 (w.e.f 12-10-2004). 3. Section 12A numbered as thereof by sub-section (1) by Act 13 of 2018, s. 147 (w.e.f. 8-3-2019). 4. Ins. by Act 27 of 2014, s. 24 (w.e.f. 8-9-2014). 5. Ins. by Act 13 of 2018, s. 147 (w.e.f. 8-3-2019). 6. Subs. by Act 1 of 2005, s. 7, for “State or area” (w.e.f. 12-10-2004). 7. Subs. by s. 7, ibid., for “between members of a recognised stock exchange” (w.e.f. 12-10-2004). 8. The proviso ins. by s. 7, ibid. (w.e.f. 12-10-2004). 15 ----- (ii) require prior permission from the respective stock exchanges if so stipulated by the stock exchanges with prior approval of the Securities and Exchange Board of India.] **1[13A. Additional trading floor.—A stock exchange may establish additional trading floor with the** prior approval of the Securities and Exchange Board of India in accordance with the terms and conditions stipulated by the said Board. _Explanation.—For the purposes of this section, “additional trading floor” means a trading ring or_ trading facility offered by a recognised stock exchange outside its area of operation to enable the investors to buy and sell securities through such trading floor under the regulatory framework of that stock exchange.] **14. Contracts in notified areas to be void in certain circumstances.—(1) Any contract entered** into any State or area specified in the notification under section 13 which is in contravention of any of the bye-laws specified in that behalf under clause (a) of sub-section (3) of section 9 shall be void— (i) as respects the rights of any member of the recognised stock exchange who has entered into such contract in contravention of any such bye-law, and also (ii) as respects the rights of any other person who has knowingly participated in the transaction entailing such contravention. (2) Nothing in sub-section (1) shall be construed to affect the right of any person other than a member of the stock exchange to enforce any such contract or to recover any sum under or in respect of such contract if such person had no knowledge that the transaction was in contravention of any of the bye-laws specified in clause (a) of sub-section (3) of section 9. **15. Members may not act as principals in certain circumstances.—No member of a recognised** stock exchange shall in respect of any securities enter into any contract as a principal with any person other than a member of a recognised stock exchange, unless he has secured the consent or authority of such person and discloses in the note, memorandum or agreement of sale or purchase that he is acting as a principal; Provided that where the member has secured the consent or authority of such person otherwise than in writing he shall secure written confirmation by such persons of such consent or authority within three days from the date of the contract: Provided further that no such written consent or authority of such person shall be necessary for closing out any outstanding contract entered into by such person in accordance with the bye-laws, if the member discloses in the note, memorandum or agreement of sale or purchase in respect of such closing that he is acting as a principal. **16. Power to prohibit contracts in certain cases.—(1) If the Central Government is of opinion that** it is necessary to prevent undesirable speculation in specified securities in any State or area, it may, by notification in the Official Gazette, declare that no person in the State or area specified in the notification shall, save with the permission of the Central Government, enter into any contract for the sale or purchase of any security specified in the notification except to the extent and in the manner, if any, specified therein. (2) All contracts in contravention of the provisions of sub-section (1) entered into after the date of the notification issued thereunder shall be illegal. **17. Licensing of dealers in securities in certain areas.—(1) Subject to the provisions of sub-section** (3) and to the other provisions contained in this Act, no person shall carry on or purport to carry on, whether on his own behalf of any other person, the business if dealing securities in any State or area to which section 13 has not been declared to apply and to which the Central Government may, by notification in the Official Gazette, declare this section to apply, except under the authority of a [2][licence granted by the Securities and Exchange Board of India] in this behalf. 1. Ins. by Act 9 of 1995, s. 21 (w.e.f. 25-1-1995). 2. Subs. by Act 15 of 1992, s. 33 and the Schedule, for “licence granted by the Central Government” (w.e.f 30-1-1992). 16 ----- (2) No notification under sub-section (1) shall be issued with respect to any State or area unless the Central Government is satisfied, having regard to the manner in which securities are being dealt with in such State or area, that it is desirable or expedient in the interest of the trade or in the public interest that such dealings should be regulated by a system of licensing. (3) The restrictions imposed by sub-section (1) in relation to dealings in securities shall not apply to the doing of anything by or on behalf of a member of any recognised stock exchange. **1[17A. Public issue and listing of securities referred to in sub-clause (ie) of clause (h) of section** **2.—(1) Without prejudice to the provisions contained in this Act or any other law for the time being in** force, no securities of the nature referred to in sub-clause (ie) of clause (h) of section 2 shall be offered to the public or listed on any recognised stock exchange unless the issuer fulfils such eligibility criteria and complies with such other requirements as may be specified by regulations made by the Securities and Exchange Board of India. (2) Every issuer referred to in sub-clause (ie) of clause (h) of section 2 intending to offer the certificates or instruments referred therein to the public shall make an application, before issuing the offer document to the public, to one or more recognised stock exchanges for permission for such certificates or instruments to be listed on the stock exchange or each such stock exchange. (3) Where the permission applied for under sub-section (2) for listing has not been granted or refused by the recognised stock exchanges or any of them, the issuer shall forthwith repay all moneys, if any, received from applicants in pursuance of the offer document, and if any such money is not repaid within eight days after the issuer becomes liable to repay it, the issuer and every director or trustee thereof, as the case may be, who is in default shall, on and from the expiry of the eighth day, be jointly and severally liable to repay that money with interest at the rate of fifteen per cent. per annum. _Explanation.—In reckoning the eighth day after another day, any intervening day which is a public_ holiday under the Negotiable Instruments Act, 1881(26 of 1881), shall be disregarded, and if the eighth day (as so reckoned) is itself such a public holiday, there shall for the said purposes be substituted the first day thereafter which is not a holiday. (4) All the provisions of this Act relating to listing of securities of a public company on a recognised stock exchange shall, _mutatis mutandis, apply to the listing of the securities of the nature referred to in_ sub-clause (ie) of clause (h) of section 2 by the issuer, being a special purpose distinct entity. **18. Exclusion of spot delivery contracts from sections 13, 14, 15 and 17.—(1) Nothing contained** in sections 13, 14,15 and 17 shall apply to spot delivery contracts. (2) Notwithstanding anything contained in sub-section (1), if the Central Government is of opinion that in the interest of the trade or in the public interest it is expedient to regulate and control the business of delaying in spot delivery contracts also in any State or area (whether section 13 has been declared to apply to the State or area or not), it may, by notification in the Official Gazette, declare that the provisions of section 17 shall also apply to such State or area in respect of spot delivery contracts generally or in respect of spot delivery contracts for the sale or purchase of such securities as may be specified in the notification, and may also specify the manner in which, and the extent to which, the provisions of that section shall so apply. **2[18A. Contracts in derivatives.—Notwithstanding anything contained in any other law for the lime** being in force, contracts in derivative shall be legal and valid if such contracts are— (a) traded on a recognised stock exchange; (b) settled on the clearing house of the recognised [3][stock exchange; or] in accordance with the rules and bye-laws of such stock exchange.] 1. Ins. by Act 27 of 2007, s. 3 (w.e.f. 28-5-2007). 2. Ins. by Act 31 of 1999, s. 3 (w.e.f. 22-2-2000). 3. Subs. by Act 20 of 2015, s. 134, for “stock exchange” (w.e.f. 14-5-2015). 17 ----- 1[(c) between such parties and on such terms as the Central Government may, by notification in the Official Gazette, specify.] **19. Stock exchanges other than recognised stock exchanges prohibited.—(1) No person shall,** except with the permission of the Central Government, organise or assist in organising or be a member of any stock exchange (other than a recognised stock exchange) for purpose of assisting in, entering into or performing any contracts in securities. (2) This section shall come into force in any State or area on such date as the Central Government may, by notification in the Official Gazette, appoint. **20.** [Prohibition of options in securities.] _Omitted by the Securities Laws (Amendment)_ _Act, 1995_ (9 of 1995), s. 22 (w.e.f. 25-1-1995). **2[21. Conditions for listing.—Where securities are listed on the application of any person if any** recognised stock exchange, such person shall comply with the conditions of the listing agreement with that stock exchange.] **3[21A. Delisting of securities.—(1) A recognised stock exchange may delist the securities, after** recording the reasons therefor, from any recognised stock exchange on any of the ground or grounds as may be prescribed under this Act: Provided that the securities of a company shall not be delisted unless the company concerned has been given a reasonable opportunity of being heard. (2) A listed company or an aggrieved investor may file an appeal before the Securities Appellate Tribunal against the decision of the recognised stock exchange delisting the securities within fifteen days from the date of the decision of the recognised stock exchange delisting the securities and the provisions of sections 22B to 22E of this Act, shall apply, as far as may be, to such appeals: Provided that the Securities Appellate Tribunal may, if it is satisfied that the company was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding one month.] **4[22. Right of appeal against refusal by stock exchanges to list securities of public companies.—** Where a recognised stock exchange acting in pursuance of any power given to it by its bye-laws, refuses to list the securities of any public company [5][or collective investment scheme], the company [2][or scheme] shall be entitled to be furnished with the reasons for such refusal, and may,— (a) within fifteen days from the date on which the reasons for such refusal are furnished to it, or (b) where the stock exchange has omitted or failed to dispose of, within the time specified in sub-section (1) of section 73 of the Companies Act,1956 (1of 1956) (hereafter in this section referred to as the “specified time”), the application for permission for the shares or debentures to be dealt with on the stock exchange, within fifteen days from the date of expiry of specified time or within such further period, not exceeding one month, as the Central Government may, on sufficient cause being shown, allow, appeal to the Central Government against such refusal, omission of failure, as the case may be, and thereupon the Central Government may, after giving the stock exchange an opportunity of being heard,— (i) vary or set aside the decision of the stock exchange, or (ii) where the stock exchange has omitted or failed to dispose of the application within the specified time, grant or refuse the permission, 1. Ins. by Act 20 of 2015, s. 134 (w.e.f. 14-5-2015). 2. Subs. by Act 9 of 1995, s. 23, for section 21 (w.e.f. 25-1-1995). 3. Ins. by Act 1 of 2005, s. 8 (w.e.f. 12-10-2004). 4. Subs. by Act 41 of 1974, s. 42, for section 22 (w.e.f. 1-2-1975). 5. Ins. by Act 31 of 1999, s. 5 (w.e.f. 22-2-2000). 18 ----- and where the Central Government sets aside the decision of the recognised stock exchange or grants the permission, the stock exchange shall act in conformity with the orders of the Central Government:] 1[Provided that no appeal shall be preferred against refusal, omission or failure, as the case may be, under this section on and after the commencement of the Securities Laws(Second Amendment) Act, 1999 (32 of 1999).] **2[22A. Right of appeal to Securities Appellate Tribunal against refusal of stock exchange to list** **securities of public companies.—(1) Where a recognised stock exchange, acting in pursuance of any** power given to it by its bye-laws, refuses to list the securities of any company, the company shall be entitled to be furnished with reasons for such refusal, and may,— (a) within fifteen days from the date on which the reasons for such refusal are furnished to it, or (b) where the stock exchange has omitted or failed to dispose of, within the time specified in sub section (1A) of section 73 of the Companies Act, 1956 (1 of 1956) (hereafter in this section referred to as the “specified time”), the application for permission for the shares or debentures to be dealt with on the stock exchange, within fifteen days from the date of expiry of the specified time or within such further period, not exceeding one month, as the Securities Appellate Tribunal may, on sufficient cause being shown, allow, appeal to the Securities Appellate Tribunal having jurisdiction in the matter against such refusal, omission or failure, as the case may be, and thereupon the Securities Appellate Tribunal may, after giving the stock exchange, an opportunity of being heard,— (i) vary or set aside the decision of the stock exchange; or (ii) where the stock exchange has omitted or failed to dispose of the application within the specified time, grant or refuse the permission, and where the Securities Appellate Tribunal sets aside the decision of the recognised, stock exchange or grants the permission, the stock exchange shall act in conformity with the orders of the Securities Appellate Tribunal. (2) Every appeal under sub-section (1) shall be in such form and be accompanied by such fee as may be prescribed. (3) The Securities Appellate Tribunal shall send a copy of every order made by it to the Board and parties to the appeal. (4) The appeal filed before the Securities Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal. **22B. Procedure and powers of Securities Appellate tribunal.—(1) The Securities Appellate** Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Securities Appellate Tribunal shall have powers to regulate their own, procedure including the places at which they shall have their sittings. (2) The Securities Appellate Tribunal shall have, for the purpose of discharging their functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents; 1. The proviso ins. by Act 32 of 1999, s. 4 (w.e.f. 16-12-1999). 2. Ins. by s. 5, ibid. (w.e.f. 16-12-1999). 19 ----- (e) reviewing its decisions; (f) dismissing an application for default or deciding it ex parte; (g) setting aside any order of dismissal of any application for default or any order passed by it ex _parte; and_ (h) any other matter which may be prescribed. (3) Every proceeding before the Securities Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code (45 of 1860) and the Securities Appellate Tribunal shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). **22C. Right to legal representation.—The appellant may either appear in person or authorise one or** more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the Securities Appellate Tribunal. _Explanation.—For the purposes of this section,—_ (a) “chartered accountant” means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act; (b) “company secretary” means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980), and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act; (c) “cost accountant” means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act; (d) “legal practitioner” means an advocate, vakil or an attorney of any High Court, and includes a pleader in practice. **22D. Limitation.—The provisions of the Limitation Act, 1963 (36 of 1963) shall, as far as may be,** apply to an appeal made to a Securities Appellate Tribunal. **22E. Civil Court not to have jurisdiction.—No civil court shall have jurisdiction to entertain any** suit or proceeding in respect of any matter which a Securities Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. **22F.Appeal to High Court.—Any person aggrieved by any decision or order of the Securities** Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Securities Appellate Tribunal to him on any question of fact or law arising out of such order: Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.] PENALTIES AND PROCEDURE **23. Penalties.—(1) Any person who—** (a) without reasonable excuse (the burden of proving which shall be on him) fails to comply with any requisition made under sub-section (4) of section 6; or (b) enters into any contract in contravention of any of the provisions contained in section 13 or section 16; or (c) contravenes the provisions contained in [1][section 17 or section 17A], or section 19; or 1. Subs. by Act 27 of 2007, s. 4, for “section 17” (w.e.f. 28-5-2007). 20 ----- 1[(d) enters into any contract in derivative in contravention of section 18A or the rules made under section 30.] (e) owns or keeps a place other than that of a recognised stock exchange which is used for the purpose of entering into or performing any contracts in contravention of any of the provisions of this Act and knowingly permits such place to be used for such purposes; or (f) manages, controls, or assists in keeping any place other than that of a recognised stock exchange which is used for the purpose of entering into or performing any contracts in contravention of any of the provisions of this Act or at which contracts are recorded or adjusted or rights or liabilities arising out of contracts are adjusted, regulated or enforced in any manner whatsoever; or (g) not being a member of a recognised stock exchange or his agent authorised as such under the rules or bye-laws of such stock exchange or not being a dealer in securities licensed under section 17 wilfully represents to or induces any person to believe that contracts can be entered into or performed under this Act through him; or (h) not being a member of a recognised stock exchange or his agent authorised as such under the rules or bye-laws of such stock exchange or not being a dealer in securities licensed under section 17, canvasses, advertises or touts in any manner either for himself or on behalf of any other persons for any business connected with contracts in contravention of any of the provisions of this Act; or (i) joins, gathers or assists in gathering at any place other than the place of business specified in the bye-laws of a recognised stock exchange any person or persons for making bids or offers or for entering into or performing any contracts in contravention of any of the provisions of this Act; 2[shall, without prejudice to any award of penalty by the Adjudicating Officer 3[or the Securities and Exchange Board of India] under this Act, on conviction, be punishable with imprisonment for a term which may extend to ten years or with fine, which may extend to twenty-five crore rupees or with both] (2) Any person who enters into any contract in contravention of the provisions contained in section 15[4][or who fails to comply with the provisions of[5][section 21 or section 21A] or with the orders of] or who or section 22[6][or with the orders of the Securities Appellate Tribunal] shall, on conviction, be punishable with fine which may extend to one thousand rupees. **7[23A. Penalty for failure to furnish information, return, etc.—Any person, who is required under** this Act or any rules made thereunder,— (a) to furnish any information, document, books, returns or [8][report to a recognised stock exchange or to the Board, fails to furnish the same within the time specified therefor in the listing agreement or conditions or bye-laws of the recognised stock exchange or the Act or rules made thereunder, or who furnishes] [9][false, incorrect or incomplete information, document, books, return or report], shall be liable to a penalty [10][which shall not be less than one lakh rupees but which may extend to one lakh rupees for each during which such failure continues subject to a maximum of one crore rupees], whichever is less for each such failure; (b) to maintain books of account or records, as per the listing agreement or conditions, or bye laws of a recognised stock exchange, fails to maintain the same, shall be liable to a penalty [7][which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees].] 1. Ins. by Act 31 of 1999, s. 6 (w.e.f. 22-2-2000). 2. Subs. by Act 1 of 2005, s. 21, for certain words (w.e.f. 12-10-2004). 3. Ins. by Act 13 of 2018, s. 148 (w.e.f. 8-3-2019). 4. Subs. by Act 9 of 1995, s. 24, for “or who fails to comply with the orders of the Securities and Exchange Board of India under section 21” (w.e.f. 25-1-1995). 5. Subs. by Act 1 of 2005, s. 10, for “section 21” (w.e.f. 12-10-2004). 6. Ins. by Act 32 of 1999, s. 6 (w.e.f. 16-10-1999). 7. Ins. by Act 1 of 2005, s. 11 (w.e.f. 12-10-2004). 8. Subs. by Act 23 of 2019, s. 146, for certain words (w.e.f. 20-1-2020). 9. Ins. by Act 13 of 2018, s. 149 (w.e.f. 8-3-2019). 10. Subs. by Act 27 of 2014, s. 25, for “of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less” (w.e.f. 8-9-2014) 21 ----- **23B. Penalty for failure by any person to enter into an agreement with clients.—If any person,** who is required under this Act or any bye-laws of a recognised stock exchange made thereunder, to enter into an agreement with his client, fails to enter into such an agreement, he shall be liable to a penalty [1][which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crorerupees] for every such failure. **23C. Penalty for failure to redress Investors grievances.—If any stock broker or sub-broker or a** company whose securities are listed or proposed to be listed in a recognised stock exchange, after having been called upon by the Securities and Exchange Board of India or a recognised stock exchange in writing, to redress the grievances of the investors, fails to redress such grievances within the time stipulated by the Securities and Exchange Board of India or a recognised stock exchange, he or it shall be liable to a penalty [2][which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees].] **23D. Penalty for failure to segregate securities or moneys of client or clients.—If any person, who** is registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) as a stock broker or sub-broker, fails to segregate securities or moneys of the client or clients or uses the securities or moneys of a client or clients for self or for any other client, he shall be [3][liable to a penalty which shall not be less than one lakh rupees but which may extend to one crore rupees]. **23E. Penalty for failure to comply with of listing conditions or delisting conditions or** **grounds.—If a company or any person managing collective investment scheme or mutual fund[4][or real** estate investment trust or infrastructure investment trust or alternative investment fund], fails to comply with the listing conditions or delisting conditions or grounds or commits a breach thereof, it or he shall be [5][liable to a penalty which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees]. **23F. Penalty for excess dematerialisation or delivery of unlisted securities.—If any issuer** dematerialises securities more than the issued securities of a company or delivers in the stock exchanges the securities which are not listed in the recognised stock exchange or delivers securities where no trading permission has been given by the recognised stock exchange, he shall be [6][liable to a penalty which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees]. **23G. Penalty for failure to furnish periodical returns, etc.—If a recognised stock exchange fails or** neglects to furnish periodical returns [7][or furnishes false, incorrect or incomplete periodical returns] to the Securities and Exchange Board of India or fails or neglects to make or amend its rules or bye-laws as directed by the Securities and Exchange Board of India or fails to comply with directions issued by the Securities and Exchange Board of India, such recognised stock exchange shall be [8][liable to a penalty which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees]. 9[23GA. Penalty for failure to conduct business in accordance with rules, etc.—Where astock exchange or a clearing corporation fails to conduct its business with its members or any issuer or its agent or any person associated with the securities markets in accordance with the rules or regulations mad by the Securities and Exchange Board of India and the directions issued by it under this Act, the stock exchange or the clearing corporations, as the case may be, shall be liable to penalty which shall not be less than five crore rupees but which may extend to twenty-five crore rupees or three times the amount of gains made out of such failure, whichever is higher.] 1. Subs. by Act 27 of 2014, s. 26, for “of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less” (w.e.f. 8-9-2014). 2. Subs. by s. 27, ibid.,for “of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less” (w.e.f. 8-9-2014). 3. Subs. by s. 28, ibid., for “liable to a penalty not exceeding one crore rupees” (w.e.f. 8-9-2014). 4. Ins. by Act 13 of 2018, s. 150 (w.e.f. 8-3-2019). 5. Subs. by Act 27 of 2014, s. 29, for “liable to a penalty not exceeding twenty-five crore rupees” (w.e.f. 8-9-2014). 6. Subs. by s. 30, ibid., for “liable to a penalty not exceeding twenty-five crore rupees” (w.e.f. 8-9-2014). 7. Ins. by Act 13 of 2019, s. 151 (w.e.f. 8-3-2019). 8. Subs. by Act 27 of 2014, s. 31, for “liable to a penalty not exceeding twenty-five crore rupees” (w.ef. 8-9-2014). 9. Ins. by Act 13 of 2018, s. 152 (w.e.f. 8-3-2019). 22 ----- **23H. Penalty for contravention where no separate penalty has been provided.—Whoever fails to** comply with any provision of this Act, the rules or articles or bye-laws or the regulations of the recognised stock exchange or directions issued by the Securities and Exchange Board of India for which no separate penalty has been provided, shall be [1][liable to a penalty which shall not be less than one lakh rupees but which may extend to one crore rupees]. **23-I. Power to adjudicate.—(1) For the purpose of adjudging under sections 23A, 23B, 23C, 23D,** 23E, 23F, 23G and 23H, the Securities and Exchange Board of India [2][may] appoint any officer not below the rank of a Division Chief of the Securities and Exchange Board of India to be an adjudicating officer for holding an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty. (2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the sections specified in sub-section (1), he may impose such penalty as he thinks fit in accordance with the provisions of any of those sections. 3[(3) The Board may call for and examine the record of any proceedings under this section and if it considers that the order passed by the adjudicating officer is erroneous to the extent it is not in the interests of the securities market, it may, after making or causing to be made such inquiry as it deems necessary, pass an order enhancing the quantum of penalty, if the circumstances of the case so justify: Provided that no such order shall be passed unless the person concerned has been given an opportunity of being heard in the matter: Provided further that nothing contained in this sub-section shall be applicable after an expiry of a period of three months from the date of the order passed by the adjudicating officer or disposal of the appeal under section 23L, whichever is earlier.] **23J. [4][Factors to be taken into account while adjudging quantum of penalty.]—While adjudging** the quantum of penalty under [5][section 12A or section 23-I], [6][the Securities and Exchange Board of India or the adjudicating officer] shall have due regard to the following factors, namely:— (a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default; (b) the amount of loss caused to an investor or group of investors as a result of the default; (c) the repetitive nature of the default. **7[23JA. Settlement of administrative and civil proceedings.—(1) Notwithstanding anything** contained in any other law for the time being in force, any person, against whom any proceedings have been initiated or may be initiated under section 12A or section 23-1, may file an application in writing to the Board proposing for settlement of the proceedings initiated or to be initiated for the alleged defaults. (2) The Board may, after taking into consideration the nature, gravity and impact of defaults, agree to the proposal for settlement, on payment of such sum by the defaulter or on such other terms as may be determined by the Board in accordance with the regulations made under the Securities and Exchange Board of India Act, 1992(15 of 1992). (3) For the purposes of settlement under this section, the procedure as specified by the Board under the Securities and Exchange Board of India Act, 1992(15 of 1992) shall apply. 1. Subs. byAct 27 of 2014, s. 32, for “liable to a penalty not exceeding twenty-five crorerupess” (w.e.f. 8-9-2014). 2. Subs. by Act 13 of 2019, s. 153, for “shall” (w.e.f. 8-3-2019). 3. Ins. byAct 27 of 2014, s. 33 (w.e.f. 8-9-2014). 4. Subs. by Act 13 of 2019, s. 154, for “Factors to be taken into account by adjudicating officer” (w.e.f. 8-3-2019). 5. Subs. by s. 154, ibid., for “section 23-I” (w.e.f. 8-3-2019). 6. Subs. by s. 154, ibid., for “the adjudicating officer” (w.e.f. 8-3-2019). 7. Ins. by s. 34, ibid. (w.e.f. 20-4-2007). 23 ----- (4) No appeal shall lie under section 23L against any order passed by the Board or the adjudicating officer, as the case may be, under this section.] 1[(5) All settlement amounts, excluding the disgorgement amount and legal costs, realised under this Act shall be credited to the Consolidated Fund of India.] **2[23JB. Recovery of amounts.—(1) If a person fails to pay the penalty imposed 3[under this Act] or** fails to comply with a direction of disgorgement order issued under section 12A or fails to pay any fees due to the Board, the Recovery Officer may draw up under his signature a statement in the specified form specifying the amount due from the person (such statement being hereafter in this Chapter referred to as certificate) and shall proceed to recover from such person the amount specified in the certificate by one or more of the following modes, namely:— (a) attachment and sale of the person”s movable property; (b) attachment of the person”s bank accounts; (c) attachment and sale of the person”s immovable property; (d) arrest of the person and his detention in prison; (e) appointing a receiver for the management of the person”s movable and immovable properties, and for this purpose, the provisions of sections 220 to 227, 228A, 229, 232, the Second and Third Schedules to the Income-tax Act, 1961(43 of 1961) and the Income-tax (Certificate Proceedings) Rules, 1962, as in force from time to time, in so far as may be, apply with necessary modifications as if the said provisions and the rules thereunder were the provisions of this Act and referred to the amount due under this Act instead of to income-tax under the Income-tax Act, 1961. _Explanation 1.—For the purposes of this sub-section, the person”s movable or immovable property or_ monies held in bank accounts shall include any property or monies held in bank accounts which has been transferred, directly or indirectly on or after the date when the amount specified in certificate had become due, by the person to his spouse or minor child or son”s wife or son”s minor child, otherwise than for adequate consideration, and which is held by, or stands in the name of, any of the persons aforesaid; and so far as the movable or immovable property or monies held in bank accounts so transferred to his minor child or his son”s minor child is concerned, it shall, even after the date of attainment of majority by such minor child or son”s minor child, as the case may be, continue to be included in the person”s movable or immovable property or monies held in bank accounts for recovering any amount due from the person under this Act. _Explanation_ 2.—Any reference under the provisions of the Second and Third Schedules to the Income-tax Act, 1961(43 of 1961) and the Income-tax (Certificate Proceedings) Rules, 1962 to the assessee shall be construed as a reference to the person specified in the certificate. _Explanation 3.—Any reference to appeal in Chapter XVIID and the Second Schedule to the Income-_ tax Act, 1961(43 of 1961), shall be construed as a reference to appeal before the Securities Appellate Tribunal under section 23L of this Act. (2) The Recovery Officer shall be empowered to seek the assistance of the local district administration while exercising the powers under sub-section (1). (3) Notwithstanding anything contained in any other law for the time being in force, the recovery of amounts by a Recovery Officer under sub-section (7), pursuant to non-compliance with any direction issued by the Board under section 12A, shall have precedence over any other claim against such person. (4) For the purposes of sub-sections (1), (2) and (3), the expression "Recovery Officer" means any officer of the Board who may be authorised, by general or special order in writing to exercise the powers of a Recovery Officer.] 1. Ins. by Act 13 of 2019, s. 155 (w.e.f. 8-3-2019). 2. Ins. by Act 27 of 2014, s. 35. (w.e.f. 8-9-2014). 3. Subs. by Act 13 of 2018, s. 156, for “by the adjudicating officer” (w.e.f. 8-3-2019). 24 ----- 1[23JC. Continuance of proceedings.—Where a person dies, his legal representative shall be liable to pay any sum which the deceased would have been liable to pay, if he had not died, in the like manner and to the same extent as the deceased: Provided that, in case of any penalty payable under this Act, a legal representative shall be liable only in case the penalty has been imposed before the death of the deceased person. (2) For the purposes of sub-section (1),— (a) any proceeding for disgorgement, refund or an action for recovery before the Recovery Officer under this Act, except a proceeding for levy of penalty, initiated against the deceased before his death shall be deemed to have been initiated against the legal representative, and may be continued against the legal representative from the stage at which it stood on the date of the death of the deceased and all the provisions of this act shall apply accordingly; (b) any proceeding for disgorgement, refund or an action for recovery before the Recovery Officer under this Act, except a proceeding for levy of penalty, which could have been initiated against the deceased if he had survived, may be initiated against the legal representative and all the provisions of this Act shall apply accordingly. (3) Every legal representative shall be personally liable for any sum payable by him in his capacity as legal representative if, while his liability for such sum remains undercharged, he creates a charge on or disposes of or pasts with any assets of the estate of the deceased, which are in, or may come into, his possession, but such liability shall be limited to the value of the asset so charged, disposed of or parted with. (4) The liability of a legal representative under this section shall, be limited to the extent to which the estate of the decreased is capable of meeting the liability. _Explanation.—For the purpose of this section “Legal representative” means a person who in law_ represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sued or is sued in a representative character, the person on whom the estate devolves on the death of the party so suing or sued.] **23K. Crediting sum realised by way of penalties to Consolidated Fund of India.—All sums** realised by way of penalties under this Act shall be credited to the Consolidated Fund of India. **23L. Appeal to Securities Appellate Tribunal.—(1) Any person aggrieved, by the order or decision** of the recognised stock exchange or the adjudicating officer or any order made by the Securities and Exchange Board of India under section 4B [2][or sub-section (3) of section 23-I], may prefer an appeal before the Securities Appellate Tribunal and the provisions of sections 22B, 22C, 22D and 22E of this Act, shall apply, as far as may be, to such appeals. (2) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order or decision is received by the appellant and it shall be in such form and be accompanied by such fee as may be prescribed: Provided that the Securities Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. (3) On receipt of an appeal under sub-section (1), the Securities Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. (4) The Securities Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned adjudicating officer. (5) The appeal filed before the Securities Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal. 1. Ins. by Act 13 of 2018, s. 157 (w.e.f. 8-3-2019). 2. Ins. by Act 27 of 2014, s. 36 (w.e.f. 8-9-2014). 25 ----- **23M. Offences.—(1) Without prejudice to any award of penalty by the adjudicating officer[1][or the** Securities and Exchange Board of India] under this Act, if any person contravenes or attempts to contravene or abets the contravention of the provisions of this Act or of any rules or regulations or byelaws made thereunder, for which no punishment is provided elsewhere in this Act, he shall be punishable with imprisonment for a term which may extend to ten years, or with fine, which may extend to twentyfive crore rupees or with both. (2) If any person fails to pay the penalty imposed by the adjudicating officer[1][or the Securities and Exchange Board of India] or fails to comply with [2][the direction or order], he shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to ten years, or with fine, which may extend to twenty-five crore rupees, or with both. **23N. Composition of certain offences.—Notwithstanding anything contained in the Code of** Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may either before or after the institution of any proceeding, be compounded by a Securities Appellate Tribunal or a court before which such proceedings are pending. **23-O. Power to grant immunity.—(1) The Central Government may, on recommendation by the** Securities and Exchange Board of India, if the Central Government is satisfied, that any person, who is alleged to have violated any of the provisions of this Act or the rules or the regulations made thereunder, has made a full and true disclosure in respect of alleged violation, grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this Act, or the rules or the regulations made thereunder or also from the imposition of any penalty under this Act with respect to the alleged violation: Provided that no such immunity shall be granted by the Central Government in cases where the proceedings for the prosecution for any such offence have been instituted before the date of receipt of application for grant of such immunity: Provided futher that the recommendations of the Securities and Exchange Board of India under this sub-section shall not be binding upon the Central Government. (2) An immunity granted to a person under sub-section (1) may, at any time, be withdrawn by the Central Government, if it is satisfied that such person had, in the course of the proceedings, not complied with the condition on which the immunity was granted or had given false evidence, and thereupon such person may be tried for the offence with respect to which the immunity was granted or for any other offence of which he appears to have been guilty in connection with the contravention and shall also become liable to the imposition of any penalty under this Act to which such person would have been liable, had not such immunity been granted.] **24.** **[3][Contravention by companies].—(1) Where** [4][a contravention of any of the provisions of this Act or any rule, regulations, direction or order made thereunder] has been committed by a company, every person who, at the time when the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where [5][a contravention of any of the provisions of this Act or any rule, regulation, direction or order made thereunder] has been committed by a company and is proved that the [6][contravention] has been committed with the consent or connivance of, or is attributable to any gross negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company, shall also be deemed to be guilty of that [6][offence] and shall be liable to be proceeded against and punished accordingly. 1. Ins. by Act 13 of 2018, s. 158 (w.e.f. 8-3-2019). 2. Subs. by s. 158, ibid.,for “any of his directions or orders” (w.e.f. 8-3-2019). 3. Subs. by s. 159, ibid., for “Offences by companies” (w.e.f. 8-3-2019). 4. Subs. by s. 159, ibid., for “an offence” (w.e.f. 8-3-2019). 5. Subs. by s. 159, ibid., for “an offence under this Act” (w.e.f. 8-3-2019). 6. Subs. by s. 159, ibid., for “offence” (w.e.f. 8-3-2019). 26 ----- 1[(3) The provisions of this section shall be in addition to and not in derogation of, the provisions of section 22A.] _Explanation .—For the purpose of this section,—_ (a) “company”means any body corporate and includes a firm or other association of individuals, and 2[(b) “director”, in relation to— (i) a firm, means a partner in the firm; (ii) any association of persons or a body of individuals, means any member controlling the affairs thereof.] **25. Certain offences to be cognizable.—Notwithstanding anything contained in the Code of** Criminal Procedure, 1898 (5 of 1898), any offence punishable under [3]***section 23 shall be deemed to be cognizable offence within the meaning of that Code. **4[26.Cognizance of offences by courts.—(1) No court shall take cognizance of any offence** punishable under this Act or any rules or regulations or bye-laws made thereunder, save on a complaint made by the Central Government or State Government or the Securities and Exchange Board of India or a recognised stock exchange or by any person.] 5* - - - *] **6[26A. Establishment of Special Courts.—(1) The Central Government may, for the purpose of** providing speedy trial of offences under this Act, by notification, establish or designate as many Special Courts as may be necessary. (2) A Special Court shall consist of a single judge who shall be appointed by the Central Government with the concurrence of the Chief Justice of the High Court within whose jurisdiction the judge to be appointed is working. (3) A person shall not be qualified for appointment as a judge of a Special Court unless he is, immediately before such appointment, holding the office of a Sessions Judge or an Additional Sessions Judge, as the case may be. **26B. Offences triable by Special Courts.—Notwithstanding anything contained in the Code of** Criminal Procedure, 1973(2 of 1974), all offences under this Act committed prior to the date of commencement of the Securities Laws (Amendment) Act, 2014 or on or after the date of such commencement, shall be taken cognizance of and tried by the Special Court established for the area in which the offence is committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court concerned.] **26C. Appeal and Revision.—The High Court may exercise, so far as may be applicable, all the** powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973(2 of 1974) on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court. **26D. Application of Code to proceedings before Special Court.—(1) Save as otherwise provided** in this Act, the provisions of the Code of Criminal Procedure, 1973(2 of 1974) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting prosecution before a Special Court shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973. 1. Ins. by Act 40 of 1985, s. 3 (w.e.f. 17-1-1986). 2. Subs. by Act 31 of 1999, s. 7, for sub-section (2) (w.e.f. 22-2-2000). 3. The words and brackets “sub-section (1) of” omitted by Act 1 of 2005, s. 12 (w.e.f. 12-10-2004). 4. Subs. by s. 13, ibid., for section 26 (w.e.f. 12-10-2004). 5. Omitted by Act 27 of 2014, s. 38 (w.e.f. 8-9-2014). 6. Ins. by s. 38, ibid. (w.e.f. 8-9-2014). 27 ----- (2) The person conducting prosecution referred to in sub-section (1) should have been in practice as an advocate for not less than seven years or should have held a post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law. **26E. Transitional provisions.—Any offence committed under this Act, which is triable by a Special** Court shall, until a Special Court is established, be taken cognizance of and tried by a Court of Session exercising jurisdiction over the area, notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974): Provided that nothing contained in this section shall affect the powers of the High Court under section 407 of the Code to transfer any case or class of cases taken cognizance by a court of session under this section.] MISCELLANEOUS **27. Title to dividends.—(1) It shall be lawful for the holder of any security whose name appears on** the books of the company issuing the said security to receive and retain any dividend declared by the company in respect thereof for any year, notwithstanding that the said security has already been transferred by him for consideration, unless the transferee who claims the dividend from the transferor has lodged the security and all other documents relating to the transfer which may be required by the company with the company for being registered in his name within fifteen days of the date on which the dividend became due. _Explanation. — The period specified in this section shall be extended—_ (i) in case of death of the transferee, by the actual period taken by his legal representative to establish his claim to the dividend; (ii) in case of loss of transfer deed by theft or any other cause beyond the control of the transferee, by the actual period taken for the replacement thereof; and (iii) in case of delay in the lodging of any security and other documents relating to the transfer due to causes connected with the post, by the actual period of the delay. (2) Nothing contained in sub-section (1) shall affect— (a) the right of a company to pay the dividend which has become due to any person whose name is for the time being registered in the books of the company as the holder of the security in respect of which the dividend has become due; or (b) the right of the transferee of any security to enforce against the transferor or any other person his rights, if any, in relation to the transfer in any case, where the company has refused to register the transfer of the security in the name of the transferee. **1[27A. Right to receive income from collective investment scheme.—(1) It shall be lawful for the** holder of any securities, being units or other instruments issued by the collective investment scheme, whose name appears on the books of the collective investment scheme issuing the said security to receive and retain any income in respect of units or other instruments issued by the collective investment scheme declared by the collective investment scheme in respect thereof for any year, notwithstanding that the said security, being units or other instruments issued by the collective investment scheme, has already been transferred by him for consideration, unless the transferee who claims the income in respect of units or other instruments issued by the collective investment scheme from the transfer or has lodged the security and all other documents relating to the transfer which may be required by the collective investment scheme with the collective investment scheme for being registered in his name within fifteen days of the date on which the income in respect of units or other instruments issued by the collective investment scheme became due. 1. Ins. by Act 31 of 1999, s. 8 (w.e.f. 22-2-2000). 28 ----- _Explanation.—The period specified in this section shall be extended—_ (i) in case of death of the transferee, by the actual period taken by his legal representative to establish his claim to the income in respect of units or other instrument issued by the collective investment scheme; (ii) in case of loss of the transfer deed by theft or any other cause beyond the control of the transferee, by the actual period taken for the replacement thereof; and (iii) in case of delay in the lodging of any security, being units or other instruments issued by the collective investment scheme, and other documents relating to the transfer due to causes connected with the post, by the actual period of the delay. (2) Nothing contained in sub-section (1) shall affect— (a) the right of a collective investment scheme to pay any income from units or other instruments issued by the collective investment scheme which has become due to any person whose name is for the time being registered in the books of the collective investment scheme as the holder of the security being units or other instruments issued by the collective investment scheme in respect of which the income in respect of units or other instruments issued by the collective scheme has become due; or (b) the right of transferee of any security, being units or other instruments issued by the collective investment scheme, to enforce against the transferor or any other person his rights, if any, in relation to the transfer in any case where the company has refused to register the transfer of the security being units or other instruments issued by the collective investment scheme in the name of the transferee.] **1[27B. Right to receive income from mutual fund.—(1) It shall be lawful for the holder of any** securities, being units or other instruments issued by any mutual fund, whose name appears on the books of the mutual fund issuing the said security to receive and retain any income in respect of units or other instruments issued by the mutual fund declared by the mutual fund in respect thereof for any year, notwithstanding that the said security, being units or other instruments issued by the mutual fund, has already been transferred by him for consideration, unless the transferee who claims the income in respect of units or other instruments issued by the mutual fund from the transferor has lodged the security and all other documents relating to the transfer which may be required by the mutual fund with the mutual fund for being registered in his name within fifteen days of the date on which the income in respect of units or other instruments issued by the mutual fund became due. _Explanation.—The period specified in this section shall be extended—_ (i) in case of death of the transferee, by the actual period taken by his legal representative to establish his claim to the income in respect of units or other instrument issued by the mutual fund; (ii) in case of loss of the transfer deed by theft or any other cause beyond the control of transferee, by the actual period taken for the replacement thereof; (iii) in case of delay in the lodging of any security, being units or other instruments issued by the mutual fund, and other documents relating to the transfer due to causes connected with the post, by the actual period of the delay. (2) Nothing contained in sub-section (1) shall affect— (a) the right of a mutual fund to pay any income from units or other instruments issued by the mutual fund which has become due to any person, whose name is for the time being registered in the books of the mutual fund as the holder of the security being units or other instruments issued by the mutual fund in respect of which the income in respect of units or other instruments issued by mutual fund has become due; or (b) the right of transferee of any security, being units or other instruments issued by the mutual fund, to enforce against the transferor or any other person, his rights, if any, in relation to the transfer 1. Ins. by Act 1 of 2005, s. 14 (w.e.f. 12-10-2004). 29 ----- in any case where the mutual fund has refused to register the transfer of the security being units or other instruments issued by the mutual fund in the name of the transferee.] **1[28.Act not to apply in certain cases.—(1) The provisions of this Act shall not apply to—** (a)theGovernment, the Reserve Bank of India, any local authority or any corporation set up by a special law or any person who has effected any transaction with or through the agency of any such authority as is referred to in this clause; (b) any convertible bond or share warrant or any option or right in relation thereto, in so far as it entitles the person in whose favour any of the foregoing has been issued to obtain at his option from the company or other body corporate issuing the same or from any of its shareholders or duly appointed agents shares of the company or other body corporate whether by conversion of the bond or warrant or otherwise, on the basis of the price agreed upon when the same was issued. (2)Without prejudice to the provisions contained in sub-section (1),if the Central Government is satisfied that in the interests of trade and commerce or the economic development of the country it is necessary or expedient so to do, it may, by notification in the Official Gazette, specify any class of contracts as contracts to which this Act or any provision contained therein shall not apply, and also the conditions, limitations or restrictions, if any, subject to which it shall not so apply.] **29. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding** whatsoever shall lie in any court against the governing body or any member, office bearer or servant of any recognised stock exchange or against any person or persons appointed under sub-section (1) of section 11 for anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or bye-laws made thereunder. **2[29A. power to delegate.—The Central Government may, by order published in the Official** Gazette, direct that the powers (except the power under section 30) exercisable by it under any provision of this Act shall, in relation to such matters andsubjectto such conditions, if any, as may be specified in the order, be exercisable also by the Securities and Exchange Board of India or the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1034).] 3[29B. Powers of the Securities and Exchange Board of India not to apply to International **Financial Services Centre.—Notwithstanding anything contained in any other law for the time being in** force, the powers exercisable by the Securities and Exchange Board of India under this Act,— (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centres Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.] **30. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for the purpose of carrying into effect the objects of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for,— (a) the manner in which applications may be made, the particulars which they should contain and the levy of a fee in respect of such applications; (b) the manner in which any inquiry for the purpose of recognising any stock exchange may be made, the conditions which may be imposed for the grant of such recognition, including conditions as 1. Subs. by Act 49 of 1959, s. 3, for section 28 (w.e.f. 8-12-1959). 2. Subs. by Act 31 of 1999, s. 9, for section 29A (w.e.f. 22-2-2000). 3. Ins. by Act 50 of 2019, s. 33 and the second Schedule (w.e.f. 1-10-2020). 30 ----- to the admission of members if the stock exchange concerned is to be the only recognised stock exchange in the area; and the form in which such recognition shall be granted; (c) the particulars which should be contained in the periodical returns and annual reports to be furnished to the Central Government; (d) the documents which should be maintained and preserved under section 6 and the periods for which they should be preserved; (e) the manner in which any inquiry by the governing body of a stock exchange shall be made under section 6; (f) the manner in which the bye-laws to be made or amended under this Act shall before being so made or amended be published for criticism; (g) the manner in which applications may be made by dealers in securities for licenses under section 17, the fee payable in respect thereof and the period of such licences, the condition subject to which licences may be granted, including condition relating to the forms which may be used in making contracts, or documents to be maintained by licensed dealers and the furnishing of periodical information to such authority as may be specified and the revocation of licences for breach of conditions; 1[(h) the requirements which shall be complied with— (A) by public companies for the purpose of getting their securities listed on any stock exchange; (B) by collective investment scheme for the purpose of getting their units listed on any stock exchange.] 2[(ha) the grounds on which the securities of a company may be delisted from any recognised stock exchange under sub-section (1) of section 21A; (hb) the form in which an appeal may be filed before the Securities Appellate Tribunal under sub section (2) of section 21A and the fees payable in respect of such appeal; (hc) the form in which an appeal may be filed before the Securities Appellate Tribunal under section 22A and the fees payable in respect of such appeal; (hd) the manner of inquiry under sub-section (1) of section 23-I; (he) the form in which an appeal may be filed before the Securities Appellate Tribunal under section 23L and the fees payable in respect of such appeal;] (i) any other matter which is to be or may be prescribed. 3[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **4[30A. Special provisions related to commodity derivatives.—(1) Nothing contained in this Act** shall apply to non-transferable specific delivery contracts: Provided that no person shall organise or assist in organising or be a member of any association in any area to which the provisions of section 13 have been made applicable (other than a stock exchange) 1 Subs. by Act 31 of 1999, s. 10, ibid., for clause (h) (w.e.f. 22-2-2000). 2. Subs. by Act 1 of 2005, s. 15, for clause (ha) (w.e.f.12-10-2004). 3. Subs. by s. 15, ibid., for sub-section (3) (w.e.f. 12-10-2004). 4. Ins. by Act 20 of 2015, s. 134 (w.e.f. 14-5-2015). 31 ----- which provides facilities for the performance of any non-transferable specific delivery contract by any party thereto without having to make or receive actual delivery to or from the other party to the contract or to or from any other party named in the contract. (2) Where in respect of any area, the provisions of section 13 have been made applicable in relation to commodity derivatives for the sale or purchase of any goods or class of goods, the Central Government may, by notification, declare that in the said area or any part thereof as may be specified in the notification all or any of the provisions of this Act shall not apply to transferable specific delivery contracts for the sale or purchase of the said goods or class of goods either generally, or to any class of such contracts in particular. (3) Notwithstanding anything contained in sub-section (1), if the Central Government is of the opinion that in the interest of the trade or in the public interest it is expedient to regulate and control nontransferable specific delivery contracts in any area, it may, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply to such class or classes of non-transferable specific delivery contracts in such area in respect of such goods or class of goods as may be specified in the notification, and may also specify the manner in which and the extent to which all or any of the said provisions shall so apply.] **1[30B. Special provisions related to pooled investment vehicle.—(1) Notwithstanding anything** contained in the Indian Trust Act, 1882 (2 of 1882) or in any other law for the time being in force or in any judgment, decree or order of any Court, Tribunal or any other authority, a pooled investment vehicle, whether constituted as a trust or otherwise, and registered with the Securities and Exchange Board of India shall be eligible to borrow and issue debt securities in such manner and to such extent as may be specified under the regulations made by Securities and Exchange Board of India in this behalf. (2) Every pooled investment vehicle referred to in sub-section (1) shall, subject to the provisions of the trust deed, be permitted to provide security interest to lenders in terms of the facility documents entered into by such pooled investment vehicle. (3) Where any pooled investment vehicle referred to in sub-section (1) defaults in repayment of principal amount or payment of interest or any such amount due to the lender, the lender shall recover the defaulted amount and enforce security interest, if any, against the trust assets, by initiating proceedings against the trustee acting on behalf of such pooled investment vehicle in accordance with the terms and conditions specified in the facility documents: Provided that on initiation of the proceedings against the trust assets, the trustee shall not be personally liable and his assets shall not be utilised towards recovery of such debt. (4) The trust assets, which remain after recovery of defaulted amount, shall be remitted to the unit holders on proportionate basis.] **2[31.Power of Securities and Exchange Board of India to make regulations.—(1) Without** prejudice to the provisions contained in section 30 of the Securities and Exchange Board of India Act, 1992, the Securities and Exchange Board of India, may, by notification in the Official Gazette, make regulations consistent with the provisions of this Act and the rules made thereunder to carry out the purposes of this Act. 3[(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the manner, in which at least fifty-one per cent.of equity share capital of a recognised stock exchange is held within twelve months from the date of publication of the order under sub-section (7) of section 4B by the public other than the shareholders having trading rights under sub-section (8) of that section; (b) the eligibility criteria and other requirements under section 17A.] 1. Ins. by Act 13 of 2021, s. 149 (w.e.f. 1-4-2021). 2. Ins. by Act 1 of 2005, s. 16 (w.e.f. 12-10-2004). 3. Subs. by Act 27 of 2007, s. 5, for sub-section (2) (w.e.f. 28-5-2007). 32 ----- 1[(c) the terms determined by the Board for settlement of proceedings under sub-section (2) of section 23JA; (d) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations.] (3) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.] **2[32. Validation of certain acts.—Any act or thing done or purporting to have been done under the** principal Act, in respect of settlement of administrative and civil proceedings, shall, for all purposes, be deemed to be valid and effective as if the amendments made to the principal Act had been in force at all material times.] 1. Ins. by Act 27 of 2014, s. 39 (w.e.f. 8-9-2014). 2. Ins. by s. 40, ibid. (w.e.f. 8-9-2014). 33 -----

11-Sep-1956

48

The National Highways Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1651/1/AAA1956____48.pdf

central

# THE NATIONAL HIGHWAYS ACT, 1956 ____________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title, extent and commencement. 2. Declaration of certain highways to be national highways. 3. Definitions. 3A. Power to acquire land, etc. 3B. Power to enter for survey, etc. 3C. Hearing of objections. 3D. Declaration of acquisition. 3E. Power to take possession. 3F. Right to enter into the land where land has vested in the Central Government. 3G. Determination of amount payable as compensation. 3H. Deposit and payment of amount. 3-I. Competent authority to have certain powers of civil court. 3J. Land Acquisition Act 1 of 1894 not to apply. 4. National highways to vest in the Union. 5. Responsibility for development and maintenance of national highways. 6. Power to issue directions. 7. Fees for services or benefits rendered on national highways. 8. [Omitted.]. 8A. Power of Central Government to enter into agreements for development and maintenance of national highways. 8B. Punishment for mischief by injury to national highway. 9. Power to make rules. 10. Laying of notifications, rules, etc., before Parliament. # THE SCHEDULE. 1 ----- # THE NATIONAL HIGHWAYS ACT, 1956* ACT NO. 48 OF 1956 [11th September, 1956.] # An Act to provide for the declaration of certain highways to be national highways and for matters connected therewith. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:- 1.Short title, extent and commencement.—(1) This Act may be called the National Highways Act, 1956. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Declaration of certain highways to be national highways.—(1) Each of the highways** specified in the Schedule[2]*** is hereby declared to be a national highway. (2) The Central Government may, by notification in the Official Gazette, declare any other highway to be a national highway and on the publication of such notification such highway shall be deemed to be specified in the Schedule. (3) The Central Government may, by like notification, omit any highway from the Schedule and on the publication of such notification, the highway so omitted shall cease to be a national highway. 3[3. Definitions.—In this Act, unless the context otherwise requires,— (a) “competent authority” means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority for such area as may be specified in the notification; (b) “land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth. **3A. Power to acquire land, etc.—(1) Where the Central Government is satisfied that for a public** purpose any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land. (2) Every notification under sub-section (1) shall give a brief description of the land. (3) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language. **3B. Power to enter for survey, etc.—On the issue of a notification under sub-section (1) of** section 3A, it shall be lawful for any person, authorised by the Central Government in this behalf, to— (a) make any inspection, survey, measurement, valuation or enquiry; (b) take levels; (c) dig or bore into sub-soil; (d) set out boundaries and intended lines of work; 1. 15th April, 1957, vide S.R.O. 1180(E), dated 4th April, 1957, see Gazette of India, 1957, Part II, s. 3(ii) and Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch. (w.e.f. 1-2-1965). 2. The words “except such parts thereof as are situated within any municipal area” omitted by Act 16 of 1997, s. 2 (w.e.f. 24 1-1997). 3. Subs. by Act 16 of 1997, s. 3, for section 3 (w.e.f. 24-1-1997). ***Subject to verification and confirmation by the administrative ministry.** 2 ----- (e) mark such levels, boundaries and lines placing marks and cutting trenches; or (f) do such other acts or things as may be laid down by rules made in this behalf by that Government. **3C. Hearing of objections.—(1) Any person interested in the land may, within twenty-one days** from the date of publication of the notification under sub-section (1) of section 3A, object to the use of the land for the purpose or purposes mentioned in that sub-section. (2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, it any, as the competent authority thinks necessary, by order, either allow or disallow the objections. _Explanation.—For the purposes of this sub-section, “legal practitioner” has the same meaning as_ in clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961 (25 of 1.961). (3) Any order made by the competent authority under sub-section (2) shall be final. **3D. Declaration of acquisition.—(1) Where no objection under sub-section (1) of section 3C has** been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under sub-section (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that the land should be acquired for the purpose or purposes mentioned in sub-section (1) of section 3A. (2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encumbrances. (3) Where in respect of any land, a notification has been published under sub-section (1) of section 3A for its acquisition but no declaration under sub-section (1) has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect: Provided that in computing the said period of one year, the period or periods during which any action or proceedings to be taken in pursuance of the notification issued under sub-section (1) of section 3A is stayed by an order of a court shall be excluded. (4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority. **3E. Power to take possession.—(1) Where any land has vested in the Central Government under** sub-section (2) of section 3D, and the amount determined by the competent authority under section 3G with respect to such land has been deposited under sub-section (1) of section 3H, with the competent authority by the Central Government, the competent authority may by notice in writing direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within sixty days of the service of the notice. (2) If any person refuses or fails to comply with any direction made under sub-section (1), the competent authority shall apply— (a) in the case of any land situated in any area falling within the metropolitan area, to the Commissioner of Police; (b) in case of any land situated in any area other than the area referred to in clause (a), to the Collector of a District, and such Commissioner or Collector, as the case may be, shall enforce the surrender of the land, to the competent authority or to the person duly authorised by it. 3 ----- **3F. Right to enter into the land where land has vested in the Central Government.—Where** the land has vested in the Central Government under section 3D, it shall be lawful for any person authorised by the Central Government in this behalf, to enter and do other act necessary upon the land for carrying out the building, maintenance, management or operation of a national highway or a part thereof, or any other work connected therewith. **3G. Determination of amount payable as compensation.—(1) Where any land is acquired** under this Act, there shall be paid an amount which shall be determined by an order of the competent authority. (2) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent, of the amount determined under sub-section (1), for that land. (3) Before proceeding to determine the amount under sub-section (1) or sub-section (2), the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired. (4) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of section 3C, before the competent authority, at a time and place and to state the nature of their respective interest in such land. (5) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government- (6) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act. (7) The competent authority or the arbitrator while determining the amount under sub-section (1) or sub-section (5), as the case may be, shall take into consideration— (a) the market value of the land on the date of publication of the notification under section 3A; (b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land; (c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings; (d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change. **3H. Deposit and payment of amount.—(1) The amount determined under section 3G shall be** deposited by the Central Government in such manner asmay be laid down by rules made in this behalf by that Government, with the competent authority before taking possession of the land. (2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto. (3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them. (4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the 4 ----- dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated. (5) Where the amount determined under section 3G by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent, per annum on such excess amount from the date of taking possession under section 3D till the date of the actual deposit thereof. (6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority and the provisions of subsections (2) to (4) shall apply to such deposit. **3I. Competent authority to have certain powers of civil court.—The competent authority shall** have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) reception of evidence on affidavits; (d) requisitioning any public record from any court or office; (e) issuing commission for examination of witnesses. **3J. Land Acquisition Act 1 of 1894 not to apply.—Nothing in the Land Acquisition Act, 1894** shall apply to an acquisition under this Act.] **4. National highways to vest in the Union.—All national highways shall vest in the Union, and** for the purposes of this Act “highways” include- (i) all lands appurtenant thereto, whether demarcated or not; (ii) all bridges, culverts, tunnels, causeways, carriageways and other structures constructed on or across such highways; and (iii) all fences, trees, posts and boundary, furlong and milestones of such highways or any land appurtenant to such highways. **5. Responsibility for development and maintenance of national highways.—It shall be the** responsibility of the Central Government to develop and maintain in proper repair all national highways; but the Central Government may, by notification in the Official Gazette, direct that any function in relation to the development or maintenance of any national highway shall, subject to such conditions, if any, as may be specified in the notification, also be exercisable by the Government of the State within which the national highway is situated or by any officer or authority subordinate to the Central Government or to the State Government. **6. Power to issue directions.—The Central Government may give directions to the Government** of any State as to the carrying out in the State of any of the provisions of this Act or of any rule, notification or order made thereunder. **7. Fees for services or benefits rendered on national highways.—(1) The Central Government** may, by notification in the Official Gazette, levy fees at such rates as may be laid down by rules made in this behalf for services or benefits rendered in relation to the use of ferries,[1][permanent bridges the 1. Ins. by Act 30 of 1977, s. 2 (w.e.f. 12-8-1977). 5 ----- cost of construction of each of which is more than rupees twenty-five lakhs and which are opened to traffic on or after the 1st day of April, 1976,] temporary bridges and tunnels on national highways[1][and the use of sections of national highways]. (2) Such fees when so levied shall be collected in accordance with the rules made under this Act. (3) Any fee leviable immediately before the commencement of this Act for services or benefits rendered in relation to the use of ferries, temporary bridges and tunnels on any highway specified in the Schedule shall continue to be leviable under this Act unless and until it is altered in exercise of the powers conferred by sub-section (1): 2[Provided that if the Central Government is of opinion that it is necessary in the public interest so to do, it may, by like notification, specify any bridge in relation to the use of which fees shall not be leviable under this sub-section.] **8. [Agreements with State Governments or municipalities.]Omitted by the National Highways** _Laws (Amendment) Act, 1997 (16 of 1997), s. 4 (w.e.f. 24-1-1997)._ 3 [8A. Power of Central Government to enter into agreements for development and **maintenance of national highways.—(1) Notwithstanding anything contained in this Act, the** Central Government may enter into an agreement with any person in relation to the development and maintenance of the whole or any part of a national highway. (2) Notwithstanding anything contained in section 7, the person referred to in sub-section (1) is entitled to collect and retain fees at such rate, for services or benefits rendered by him as the Central Government may, by notification in the Official Gazette, specify having regard to the expenditure involved in building, maintenance, management and operation of the whole or part of such national highway, interest on the capital invested, reasonable return, the volume of traffic and the period of such agreement. (3) A person referred to in sub-section (1) shall have powers to regulate and control the traffic in accordance with the provisions contained in Chapter VIII of the Motor Vehicles Act, 1988 (59 of 1988) on the national highway forming subject-matter of such agreement, for proper management thereof. **8B. Punishment for mischief by injury to national highway.—Whoever commits mischief by** doing any act which renders or which he knows to be likely to render any national highway referred to in sub-section (1) of section 8A impassable or less safe for traveling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with a fine, or with both.] **9. Power to make rules.—(1) The Central Government may, by notification in the Official** Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner in which, and the conditions subject to which, any function in relation to the development or maintenance of a national highway or any part thereof may be exercised by the State Government or any officer or authority subordinate to the Central Government or the State Government; 4[(aa) the manner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of section 3H;] 1. Ins. by Act 1 of 1993, s. 2 (w.r.e.f. 23-10-1992). 2. The proviso ins. by Act 30 of 1977, s. 2 (w.e.f. 12-8-1977). 3. Ins. by Act 26 of 1995, s. 2 (w.e.f. 16-6-1995). 4. Ins. by Act 16 of 1997, s. 5 (w.e.f. 21-1-1997). 6 ----- 1[(b) the rates at which fees for services rendered in relation to the use of ferries, permanent bridges, temporary bridges and tunnels on any national highway[2][and the use of sections of any national highway] may be levied, and the manner in which such fees shall be collected, under section 7;] (c) the periodical inspection of national highways and the submission of inspection reports to the Central Government; (d) the reports on works carried out on national highways; (e) any other matter for which provision should be made under this Act. 3[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **10. Laying of notifications, rules, etc., before Parliament.—All notifications or agreements** issued or entered into under this Act shall be laid before both Houses of Parliament as soon as may be after they are issued or entered into[4]***. 5. Subs. by Act 30 of 1977, s. 3, for clause (b) (w.e.f. 12-8-1977). 6. Ins. by Act 1 of 1993, s. 3 (w.r.e.f. 23-10-1992). 1. Ins. by Act 30 of 1977, s. 3 (w.e.f. 12-8-1977). 2. Certain words omitted by Act 30 of 1977, s. 4 (w.e.f. 12-8-1977). 7 ----- Serial No. National Highway No. THE SCHEDULE [See section 2] NATIONAL HIGHWAYS Description of National Highways 1 1 The highway connecting Delhi, Ambala, Jullundur and Amritsar and proceeding to the border between India and Pakistan. 2 1A The highway connecting Jullundur, Madhopur, Jammu, Banihal, Srinagar, Baramula and Uri. 1[2-A. 1B The highway starting from its junction at Botole on National Highway No. 1A and connecting Doda with kishtwar to be a national highway.] 2[2-AA Extension of NH No. 1B The highway starting from its junction with National Highway No. 1B near Kishtwar and connecting Chhatree, SymthanMaidan and terminating at Symthan pass in Jammu and Kashmir. 2-AAA 1C The highway starting from its junction with National Highway No. 1A near Domel and terminating at Katra in Jammu and Kashmir.] 3[3 2 [The highway connecting Delhi, Mathura, Agra, Kanpur, Allahabad, Banaras, Mohania, BarhiPalsit, Baidyabati, Bara, Calcutta.] - 2A Sikandra - Bhognipur 4 3 The highway connecting Agra, Gwalior, Shivpuri, Indore, Dhulia, Nasik, Thana and Bombay. 4[5 302 The highway starting from its junction with NH-2 near Theriat connecting Lunglei, Lungseni, Tuiehong and terminating at Demagiri in the State of Mizoram.] 5[5A 4A The highway connecting Belgaum, Anmod, Panda and Panaji.] 6[5B 4B The highway starting from its junction with Panvel- Uran State Highway near Nhava-Sheva Port Complex and proceeding further with one arm terminating of Kalamboli on National Highway No. 4 and another arm crossing National Highway No. 17 near Palaspe and proceeding further to terminate on National Highway No. 4.] 6 5 The highway starting from its junction near Baharagora with the highway specified in serial No. 7 and connecting Cuttack, Bhubaneswar, Visakhapatnam, Vijayawada and Madras. 1. Ins. by notification No. S.O. 1980(E), dated 25th May, 1977. 2. Ins by S.O. 7 (E), dated 6th January, 1999. 3. Ins. by notification S.O. 380(E), dated 25th July, 1975. 4. Subs. by notification No. S.O. 839(E), dated 4th March, 2014. 5. Ins. by notification No. S.O. 3344(E),dated 21st July, 1971. 6. Ins. by notification No. S.O. 865(E), dated 12th November, 1984. 8 ----- SerialNo. National Highway No. Description of National Highways 1[6A 5A The highway starting from its junction near Haridaspur with National Highway No. 5 and terminating at the Paradip Port.] 7 6 The highway starting from its junction near Dhulia with the highway specified in serial No. 4 and connecting Nagpur, Raipur, Sambalpur, Baharagora and Calcutta. 2[7A Extension of N.H. No. 6 3[7AA Extension of NH No. 6 The highway starting from its junction with N.H. No. 6 near Dhule in Maharashtra and terminating at Surat in Gujarati.] The highway starting from its junction near Surat on National Highway No. 6 and terminating at Hajira in Gujarat.] 8 7 The highway starting from its junction near Banaras with the highway specified in serial No. 3 and connecting Mangawan, Rewa, Jabalpur, Lakhnadon, Nagpur, Hyderabad, Kurnool, Bangalore, Krishnagiri, Salem, Dindigul, Madurai and Cape Comorin. 4[8A 7A The highway connecting Palayankottai on National Highway No. 7 with the Tuticorin Port.] 9 8 The highway connecting Delhi, Jaipur, Ajmer, Udaipur, Ahmedabad, Baroda and Bombay. 10 8A The highway connecting Ahmedabad, Limbdi, Morvi and Kandla. 1[10A Extension of NH No. 8A The highway starting from its junction near Kandla on National Highway No. 8A connecting Mundra and terminating at Mandvi in Gujarat.] 11 8B The highway starting from its junction nearBamanbhore with the highway specified in serial No. 10 and connecting Rajkot and Porbandar. 5[11A 8C The highway connecting Chiloda on National Highway No. 8, in Gujarat, Gandhinagar and terminating at Sarkej on National Highway No. 8A shall be a national highway.] 1[11AA 8D The highway starting from its junction near Jetpur on National Highway No. 8B and connecting Junagarh, Keshod and terminating at Somnath in Gujarat.] *8E Somnath-Bhavnagar 1. Ins. by notification No. S.O. 865(E), Dated 21st July, 1971. 2. Ins. by notification No. S.O. 116(E), Dated 9th February, 1998. 3. Ins. by notification No. S.O. 7(E), Dated 6th January, 1999. 4. Ins. by notification No. S.O. 179(E), Dated 7th March, 1972. 5. Ins. by notification No. S.O. 3114(E), Dated 18th October, 1978. 9 ----- Serial No. National Highway No. Description of National Highways 12 9 The highway connecting Poona, Sholapur,Hyderabad and Vijayawada. 1[12A Extension of NH No. 9 The highway starting from its junction nearVijayawada on National Highway No. 5 connecting Vuyyuru, Pammari and terminating at Machilipatnam in Andhra Pradesh.] 13 10 The highway connecting Delhi and Fazilka and proceeding to the border between India and Pakistan. 2[13A 11 The highway connecting Agra, Jaipur and Bikaner.] 3[13B 12 The highway starting from Jabalpur, connecting Bhopal Biaora, Rajgarh, Khilehipur, AkleraJhalawar, Kota, Bundi, Devil, Tonk and terminating at Jaipur on National Highway No. 8.] 4[13C 13 The highway connecting Sholapur and Chitradurga.] 1[13CC Extension of NH No. 13 The highway starting from its junction near Mangalore on National Highway No. 48 and connecting Tirthahalli, Shimoga and terminating at its junction with National Highway No. 4 near Chitradurga in Karnataka.] *14 Beawar-Sirohi-Radhapur 5[13D 21 The highway starting from its junction near Chandigarh with National Highway No. 22 and connecting Ropar, Bilaspur, Mandi, Kulu and Manali.] 1[13DD 21A The highway starting from its junction near Pinjore on National Highway No. 22 in Haryana connecting Baddi, Nalagarh and terminating at its junction with National Highway No. 21 near Swarghat in Himachal Pradesh.] 6[13E 15 The highway connecting Pathankot-Amritsar, Bhatinda, Ganganagar, Bikaner, Jaisalmer, Barmer to its junction with National Highway No. 8A near Samakhiali (near Kandla).] 7[13F 17 The highway connecting Panvel on NationalHighway No. 4 Mahad, Panaji, Karwar, Mangalore, Cannanore, Calicut (Kozhikode), Feroke, Kuttipuram, PuduPonnani, ChowghatCranganpur to junction with National Highway No. 47 near Edapally. 1. Ins. by notification No. S.O. 7(E), Dated 6th January, 1999. 2. Ins. by notification No. S.O. 1199(E), Dated 4th March, 1960. 3. Ins. by notification No. S.O. 114(E), Dated 17thFebruary, 1981. 4. Ins. by notification No. S.O. 3114(E), Dated 18th October, 1978. 5. Ins. by notification No. S.O. 3344(E), Dated 21st July, 1971 6. Ins. by notification No. S.O. 179(E), Dated 7th March, 1972. 7. Ins. by notification No. S.O. 442(E), Dated 17th July, 1974. 10 ----- Serial No. National Highway No. Description of National Highways 1[13G 17A The highway starting from its junction nearCortalim with National Highway No. 17 andterminating at the Marmugao Port.] 2[13GG 17B The highway starting from its junction with NH No. 4A near Ponda connecting Barim-verna and terminating near Vasco in Goa.] 3[13H *18 Junction with National Highway No. 7 near Kurnool - Nandyal Cuddapah Junction with National Highway No. 4 Near Chittoor 4[13-J *19 Gazipur - Ballia - Patna *20 Pathankot - Mandi 14 22 The highway connecting Ambala, Kalka, Simla, Narkanda, Rampur and Chini and proceeding to the border between India and Tibet near Shipki-La. 1[14A 23 The highway connecting Chas, Ranchi, Rourkela, Talcher and terminating at National Highway No. 42.] 15 24 The highway connecting Delhi, Bareilly and Lucknow. 5[16 6 The highway starting from its junction with NH-27 near Jorabat in the State of Assam connecting Shillong, Dhaleshwar, Kanpui, Aizawal, Selling, Lumtui, Khawthlir, Tuisen, Neihdawn and terminating at Champai in the State of Mizoram.] 6[16-A 25A The highway starting from its junction with National Highway No. 25 at Km 19 and terminating at BakshikaTalab in National Highway No. 24 in Uttar Pradesh.] 17 26 The highway connecting Jhansi and Lakhnadon. 18 27 The highway connecting Allahabad with the highway specified in serial No. 8 near Mangawan. 19 28 The highway starting from its junction near Barauni with the highway specified in serial No. 23 and connecting Muzaffarpur, Pipra, Gorakhpur and Lucknow. 20 28A The highway starting from its junction near Pipra with the highway specified in serial No. 19 and connecting Sagauli and Raxaul and proceeding to the border between India and Nepal. 1. Ins. by notification No. S.O. 179(E), dated 7th March, 1972. 2. Ins. by notification No. S.O. 116(E), dated 9th February, 1998. 3. Ins. by notification No. S.O. 57(E),dated 19th January, 1993. 4. Ins. by notification No. S.O. 87(E),dated 31st January, 1996. 5. Subs. by notification No. S.O. 839(E), dated 4th March, 2014. 6. Ins. by notification No. S.O. 7(E),dated 6th January, 1999. 11 ----- Serial No. National Highway No. Description of National Highways 1[20A 11A The highway starting from Mnoharpura on National Highway No. 8 connecting Andhi to terminate at Dausa on National Highway No. 11 in the State of Rajasthan.] 21 29 The highway connecting Gorakhpur, Ghazipur and Banaras. 22 30 The highway starting from its junction near Mohania with the highway specified in serial No. 3 and connecting Patna and Bakhtiyarpur. 2[22A 30A The highway starting from its junction near Phatuha on National Highway No. 30 and connecting ChandiHarnaut National Highway No. 31, Saksohara and terminating in its junction on National Highway No. 31 near Barh in Bihar.] 3[23 31 The highway starting from its junction near Barhi with the highway specified in serial No. 3 and connecting Bakhtiyarpur, Mokameh, Purnea, Dalkhola, Siliguri, Sivok, and Cooch-Behar, North Salmara and proceeding generally via Nalbari, Charali and Amingaon to its junction with the highway specified in serial No. 28 near Pandu.] 1[23A 16 The highway starting from its junction at Nizamabad on National Highway No. 7 in the State of Andhra Pradesh connecting Mancheral-Sironcha-Bhopalpatnam-Bijapur to terminate at Jagdalpur on National Highway No. 43 in the State of Madhya Pradesh.] 24 31A The highway connecting Sivok and Gangtok. 3[24A 32 The highway starting from its junction near Govindpur with National Highway No. 2 and connecting Dhanbad with Jamshedpur.] 4[24AA 31B The highway starting from near North Salmara to its junction with National Highway No. 37 near Goalpara.] 5[24AAA 31C The highway starting from near Galgalia, connectingBaghdogra, Chalsa, Nagrakata, Goyerkata.] 25 33 The highway starting from its junction near Barhi with the highway specified in serial No. 3 and connecting Ranchi and Tatanagar and proceeding to its junction with the highway specified in serial No. 7 near Baharagora. 6[25A 20 The highway starting from its junction at Pathankot in the State of Punjab connecting Chakki-Palampur-Joginder Nagar to terminate at Mandi in the State of Himachal Pradesh.] 1. Ins. by notification No. S.O. 147(E), dated 20th February, 1989. 2. Ins. by notification No. S.O. 7(E), dated 6th January, 1999. 3. Ins. by notification No. S.O. 568(E), dated 6th January, 1999. 4. Ins. by notification No. S.O. 513(E), dated 12th February, 1963. 5. Ins. by notification No. S.O. 698(E), dated 1st September, 1980. 6. Ins. by notification No. S.O. 147(E), dated 20th February, 1989. 12 ----- Serial No. National Highway No. Description of National Highways 26 34 The highway starting from its junction near Dalkhola with the highway specified in serial No. 23 and connecting Berhampore, Barasat and Calcutta. 27 35 The highway connecting Barasat and Bangaon and proceeding to the border between India and Pakistan. 1[27A 36 The highway connecting Nowgong, Dabaka, and Dimapur (Manipur Road).] 28 37 The highway starting from its junction near Goalpara with the highway specified in serial No. 23 and connecting Gauhati, Jorabat, Kamargaon, Makum and SaikhoaGhat. *37A Kuarital-Junction with National Highway No. 52 Near Tezpur 29 38 The highway connecting Makum, Ledo and Lekhapani. 30 39 The highway connecting Kamargaon, Imphal and Palel and proceeding to the border between India and Burma. 31 40 The highway connecting Jorabat and Shillong and proceeding to the border between India and Pakistan near Dawki. 2[31A Extension of NH No. 40 The highway starting from its junction with National Highway No. 44 near Jowai connecting Amlarem and terminating at its junction with National Highway No. 40 near Dawki in Meghalaya.] 32 42 The highway starting from its junction near Sambalpur with the highway specified in serial No. 7 and proceeding via Angul to its junction with the highway specified in serial No. 6 near Cuttack. 33 43 The highway connecting Rajpur and Vizianagaram and proceeding to its junction with the highway specified in serial No. 6 near Vizianagaram. 2[33A 44 The highway connecting Shillong, Passi, Baderpur and Agartala.] 3[33AA 44A The highway starting from its junction with National Highway No. 54 near Aizawl in Mizoram and connecting Sairang, Lengpui, Mamit and terminating at Manu in Tripura.] 3[33B Extension of NH 44 The highway starting from its junction near Agartala on NH 44 and terminating at Sabroom in Tripura.] 34 45 The highway connecting Madras, Tiruchirappalli and Dindigul. 4[34A 45A The highway starting from Villuspuram on National Highway No. 45 and terminating at Pondicherry.] 1 Ins. by notification No. S.O. 3344(E), dated 21st July, 1971. 2. Ins. by notification No. S.O. 7(E),dated 6th January, 1999. 3. Ins by notification No. S.O. 116(E), dated 9th February, 1998. 4 Ins. by notification No. S.O. 803(E), dated 7th November, 1983. 13 ----- Serial No. National Highway No. 1[34-AA Extension of NH No. 45A Description of National Highways The highway starting from its junction with National Highway No. 45A near Pondy in Pondicherry and connecting CuddaloreChidambaram and terminating at its junction with National Highway No. 67 near Nagapattinam in Tamil Nadu.] 1[34-AAA 45B The highway starting from its junction with National Highway No. 45 near Trichy and connecting Viralimalai, Tovarankuruchchi, Melur, Madurai (National Highway No. 7), Aruppakottai and terminating at its junction with National Highway No. 7A near Tuticorin in Tamil Nadu.] 35 46 The highway connecting Krishnagiri and Ranipet. 36 47 The highway connecting Salem, Coimbatore, Trichur, Ernakulam, Trivandrum and Cape Comorin. 1[36A 41 The highway between its junction (near Kolaghat) with the National Highway No. 6 and the point where it touches Haldia Port to be a National Highway.] 2[36B 47A The highway starting from WillingdonIslads and Terminating at Cochin on National Highway No. 47.] 37 47A 3* * * * * * 4[37A 48 The highway connecting Bangalore, Hassan and Mangalore.] 38 49 The highway connecting Madurai and Dhanushkodi. 39 50 The highway connecting Nasik with the highway specified in serial No. 5 near Poona. 5[40 51 The highway starting from its junction at BaihataCharali on National Highway No. 37, in Assam, connecting Tura and terminating at Dalu in Meghalaya. 41 52 The highway starting from its junction at BaihataCharali on National Highway No. 31, in Assam, connecting Tejpur, BanderDewa, Northlakhimpur, Pasighat, Tezu, Sitapani and terminating near Saikhoaghat on National Highway No. 37. 42 52A The highway starting from its junction at BanderDewa on National Highway No. 52 in Assam and terminating at Hanagar in Arunachal Pradesh.] 6[42A Extension of NH 52 A The highway starting from its junctions near Itanagar on National Highway No. 52A in Arunchal Pradesh and terminating at its junction with. National Highway No. 52 near Gohpur in Assam.] 1. Ins. by notification No. S.O. 39(E), dated 18th December, 1967. 2. Ins. by notification No. S.O. 849(E), dated 18th November, 1986. 3. Omitted by notification No. S.O. 178(E), dated 6th March, 1972. 4. Ins. by notification No. S.O. 179(E), dated 7th March, 1972. 5. Ins. by notification No. S.O. 698(E), dated 1st September, 1980. 6. Ins. by notification No. S.O. 116(E), dated 9th February, 1998. 14 ----- Serial No. National Highway No Description of National Highways 1[43 53 The highway starting from its junction near Badarpur on National Highway No. 44, in Assam connecting Silchar, Jirighat and terminating near Imphal on National Highway No. 39.] 2* * * * * * 3[44A 54 The highway starting from its junction at Silcharin Assam on N.H. No. 53 connecting Aizawal and terminating at Tuipang in Mizoram.] 4[44-AA Extension of NH No. 54 The highway starting from its junction near Daboka on National Highway No. 36 and connecting Lumding, Langdin, Haflong and terminating at its junction with National Highway No. 54 near Silcharin Assam.] 4[44B 54A The highway starting from its junction at Theriat in Mizoram on National Highway No. 54 and terminating at Lungli in Mizoram. 44C 54B The highway starting from its junction at “Venas Saddle” in Mizoram on National Highway No. 54 and terminating at Saiha in Mizoram.] 5[44D 55 The highway starting from Siliguri on National Highway No. 31 passing through Kurseong and terminating at Darjeeling.] 6[45 56 The highway starting from Lucknow and connecting Jagdishpur, Sultanpur and Jaunpur and terminating near Varanasi.] 5[45-A *56A The highway starting from its junction with National Highway No. 28 near Chenhat and terminating at Km. 16 of NHNo. 56 in Uttar Pradesh. 45-AA 56B The highway starting from its junction with National Highway No. 56 near Km 16 and terminating at Km 19 of NH No. 25 in Uttar Pradesh.] 7[46 *NE-1 The highway starting from Ahmedabad passing close to the town of Nadiad, Anand and terminating at Vadodara.] 8[47 61 The highway starting from its junction near Kohima on National Highway No. 39 in Nagaland and connecting Workha-Moko-KchungAmguri and terminating at its junctions with National Highway No. 37 near Jhanji in Assam.] Serial No. National Highway No. Description of National Highways 1. Ins. by notification No. S.O. 698(E), dated 1st September, 1980. 2. Omitted by notification No. S.O. 457(E), dated 4th August, 1986. 3. Ins. by notification No. S.O. 458(E), dated 4th August, 1986. 4. Ins. by notification No. S.O. 7(E),dated 6th January, 1999. 5. Ins. by notification No. S.O. 845(E), dated 6th November, 1990. 6. Ins. by notification No. S.O. 868(E), dated 17th November, 1984. 7. Ins. by notification No. S.O. 92(E), dated 13th March, 1986. 8. Ins. by notification No. S.O. 116(E), dated 9th February, 1998. 15 ----- 1[48 52B The highway starting from its junctions on National Highway 52 near Kuljan and terminating at its junction with National Highway 37 in Assam.] 1[49 62 The highway starting from its junction on National Highway 37 near Damra in Assam and terminating at Bhaghmara in Meghalaya.] 1[49-A Extension of NH No. 62 The highway starting from its junction with National Highway No. 62 near Baghmara and terminating at its junction with National Highway No. 51 near Dalu in Meghalaya.] 1[50 63 The highway starting from its junction with National Highway No. 17 near Ankola-Hospet and terminating at its junction with National Highway No. 7 near Gooty in Andhra Pradesh.] 51 64 The highway starting from its junction on National Highway No. 22 near Chandigarh and connecting Rajpura-Patiala-Sangrur and terminating at its junction with NH No. 15 near Bhatinda in Punjab. 2[51A Extension of NH No. 64 The highway starting from its junction with National Highway No. 15 near Bhatinda in Punjab and terminating at its junction with National Highway No. 10 near Dabwali in Haryana.] 52 65 The highway starting from its junction with NH No. 1 near Ambala in Haryana and connecting Kaithal-Hisar and terminating at its junction with NH No. 11 near Fatehpur in Rajasthan. 1[52-A Extension of NH No. 65 The highway starting from its junction with National Highway No. 11 near Fatehpur and connecting Nagaur, Jodhpur and terminating at its junction with National Highway No. 14 near Pali in Rajasthan.] 53 66 The highway starting from its junction with National Highway No. 45A in Pondicherry and connecting Tindivanam-Gingee Thiruvannamalai and terminating at its junction with National Highway No. 7 near Krishnagiri in Tamil Nadu. 54 67 The highway starting from Nagapattinam andconnecting Trichy and terminating at its junction on National Highway No. 7 near Karur in Tamil Nadu. 1[54-A Extension of NHNo. 67 The highway starting from its junction with National Highway No. 7 near Karur and connecting Palladam and terminating at its junction with National Highway No. 47 near Coimbatore in Tamil Nadu.] 55 68 The highway starting from its junction on National Highway No. 45 near Ulundrupet and terminating at its junction with National Highway No. 7 near Salem in Tamil Nadu. Serial No. National Description of National Highways Highway No. 1. Ins. by notification No. S.O. 7(E), dated 6th January, 1999. 2. Ins. by notification No. S.O. 7(E), dated 6th January, 1999. 16 ----- 1[57 70 The highway starting from its junction near Jalandhar on National Highway No. 1 in Punjab and connecting Hoshiarpur, Hamirpur, Toni Devi, Ahwa Devi, Dharampur and terminating at its junction with National Highway No. 21 near Mandi in Himachal Pradesh.] 1[58 71 The highway starting from its junction near Jalandhar on National Highway No. 1 in Punjab and connecting, Moga, Barnala, Sangrur, Narwana, Rohtak, Jhajjar and terminating at its junction with National Highway No. 8 near Bawal in Haryana.] 1[59 71A The highway starting from its junction near Rohtak on National Highway No. 10 and connecting Gohana and terminating at its junction with National Highway No. 1 near Panipat in Haryana.] 1[59A 24A The highway starting from its junction with National Highway No. 24 near BakshiKaTalab and terminating near Chenhat on National Highway No. 28 in Uttar Pradesh.] 1[60 72 The highway starting from its junction near Ambala on National Highway No. 1 and connecting Nahan, Paonta Sahib, Dehradun and terminating at its junction with National Highway No. 58 near Rishikesh (Haridwar) in Uttar Pradesh.] 2[60A 09 Extension of National Highway No. 49 starting from Madurai in the State of Tamil nadu connection Muvattupuza-MunnarTheni to terminate at Cochin in the State of Kerala.] 1[61 73 The highway starting from its junction near Roorkee on National Highway No. 58 in Uttar Pradesh and connecting Saharanpur, Yamunanagar, Saha and terminating at its junction with National Highway No. 22 near Panchkula in Haryana.] 1[62 74 The highway starting from its junction with National Highway No. 58 near Haridwar and connecting Najibabad, Nagina, Afzalgarh, Kashipur, Kichha, Jehanabad, Pilibhit and terminating at its junction with National Highway No. 24 near Bareilly in Uttar Pradesh.] 1[63 75 The highway starting from its junction with National Highway No. 3 near Gwalior in Madhya Pradesh and connecting Jhansi (Uttar Pradesh), Khajuraho, Chhatarpur, Panna, Satna and terminating at its junction with National Highway No. 7 near Rewa in Madhya Pradesh.] 1[64 76 The highway starting from its junction with National Highway No. 14 near Pindwara in Rajasthan and connecting Udaipur, Mangarwar, Chittaurgarh, Kota (National Highway No. 12), Shivpuri (National Highway No. 3), Jhansi (National Highway No. 25), Mahoba, Banda, Karwi, Mau and terminating at its junction with National Highway No. 27 near Allahabad in Uttar Pradesh.] Serial No. National Highway No. Description of National Highways 1[65 77 The highway starting from its junction near Hajipur on National 1. Ins. by notification No. S.O. 7(E), dated 6th January, 1999. 2. Ins. by notification No. S.O. 147(E), dated 20th February, 1989. 17 ----- Highway No. 19 and connecting Muzaffarpur (National Highway No. 28), Sitamarhi and Sonbarsa in Bihar.] 1[66 78 The highway starting from its junction near Katni on National Highway No. 7 in Madhya Pradesh connecting, Shahdol, Nagar, AmbikapurJashpurnagar and terminating at its junction with National Highway No. 23 near Gumla in Bihar.] 1[67 79 The highway starting from its junction with National Highway No. 8 near Ajmer in Rajasthan and connecting Nasirabad, Bhilwara, Chittaurgarh, Nayagaon, Nimach, Ratlam and terminating at its junction with National Highway No. 59 near Ghatbilod (Indore) in Madhya Pradesh.] 1[68 80 The highway starting from its junction near Mokama on National Highway No. 31 in Bihar and connecting Munger, Bhagalpur, Sahebganj, Rajmahal and terminating at its junction with National Highway No. 34 near Farakka in West Bengal.] 2[68A 81 The highway starting from its junction with National Highway No. 31 near Kora in Bihar and connecting Katihar and terminating at its junction with National Highway No. 34 near Maldah in West Bengal] 1[68B .82 The highway starting from its junction near Gaya on National Highway No. 83 and connecting Rajgir, Bihar Sharif and terminating at its junction with National Highway No. 31 near Mokama in Bihar.] 1[68C 83 The highway starting from its junction with National Highway No. 30 near Patna and connecting Punpun, Gaya, Bodh Gaya and terminating at its junction with National Highway No. 2 near Dobhi in Bihar.] 1[68D 84 The highway starting from its junction with National Highway No. 30 near Arrah and connecting Bhojpur and terminating on National Highway No. 19 near Buxar in Bihar.] 1[68E 85 The highway starting from its junction with National Highway No. 19 near Chhapra and connecting Siwan and terminating at its junction with National Highway No. 28 near Gopalganj in Bihar.] 1[68F 86 The highway starting from its junction with National Highway No. 2 near Kanpur in Uttar Pradesh and connecting Chhatarpur and terminating at its junction with National Highway No. 26 near Sagar in Madhya Pradesh.] 3[68G 87 The highway starting from its junction with National Highway No. 24 near Rampur and connecting Bilaspur, Pantnagar, Haldwani and terminating at Nainital in Uttar Pradesh.] Serial No. National Highway No. Description of National Highways 1[68H 88 The highway starting from its junction with National Highway No. 22 1. Ins. by notification No. S.O. 7(E), dated 6th January, 1999. 2. Ins. by notification No. S.O. 561(E), dated 7th July, 1999. 3. Ins. by notification No. S.O. 561(E), dated 7th July, 1999. 18 ----- near Simla and connecting Bilaspur, Hamirpur, Nadaun, Ranital, Kangra and terminating near Bhawan on National Highway No. 20 in Himachal Pradesh.] 1[68-1 89 The highway starting from its junction with National Highway No. 8 near Ajmer and connecting Nagaur, and terminating at its junction with National Highway No. 11 near Bikaner in Rajasthan.] *90 Baran - Aklera *91 Ghaziabad - Aligarh - Eta - Kannauj - Kanpur *92 Bhongaon - Etawah - Gwaiior *93 Agra - Aligarh - Babrala - Chandausi - Moradabad *94 Rishikesh - Ampata - Tehri - Dharasu - Kuthnaur - Yamnotr *95 Kharar (Chandigarh) - Ludhiana - Jagaron - Ferozepu *96 Faizabad - Sultanpur - Pratapgarh - Allahabad *97 Ghazipur - Zamania - Saiyedraja *98 Patna - Aurangabad - Rajhara *99 Dobhi - Chatra - Chandwa *100 Chatra - Hazaribagh - Bogoda *101 Chhapra - Baniapur - Maharajganj - Barauli *102 Chhapra - Rewaghat - Muzaffarpur *103 Hazipur - Musahrigharar 1[104 The highway strating form its junction near Chakia on National Highways No. 28 connecting Narhar-Pakri Bridge-Madhuban-ShivharSitamarhi-Umagaon-Jayanagar-Lakoush-Laukahiand terminating at its junction near Narahia on National Highway No. 57 in the State of Bihar.] *105 Darbhanga - Aunsi - Jaynagar *106 Birpur - Madhepura - Bihpur *107 Maheshkhunt - SonbarSaraj - SimriBakhtiarpur - Bariahi - Saharsa Madhepura - Purnea Serial No. National Highway No. Description of national highways 1. Subs. by notification No. S.O. 251(E),dated 27th February, 2002. 19 ----- 3[69 150 The highway starting from its junction with National Highway No. 54 near Aizawl in Mizoram and connecting Ipaimukh, Churachandpur, Imphal, Ukhrul, Jessami and terminating at its junction with National Highway No. 39 near Kohima in Nagaland.] *151 Karimganj - Bangladesh Border 3[69-A Extension of NH No. 60 The highway starting from its junction with National Highway No. 6 near Kharagpur and connecting Bishnupur, Bankura and terminating at its junction with National Highway No. 2 near Asansol in West Bengal] 1[69B 152 The highway starting from its junction near Patacharkuchi on National Highway No. 31C,connecting Hajua and terminating at Indo-Bhutan border.] *15 Ledo-Lekhapani - Indo/Mynamar Border *154 Dhaleshwar - Bhairabi - Kanpu 2[70 200 The highway starting from its junction with National Highway No. 6 near Raipur in Madhya Pradesh and connecting Bilaspur, Sarangarh, Raigarh, Kanaktura, Jharsuguda, Kochinda, Pravasuni, Deogarh. Talcher, and terminating at its junction with National Highway No. 5 near Chandikhol in Orissa.] 3[71 201 The highway starting from its junction with National Highway No. 43 near Boriguma and connecting Bhawanipatna, Bolangir, Barapali and terminating at its junction with National Highway No. 6 near Bargarh in Orissa.] 1[72 202 The highway starting from its junction near Hyderabad on National Highway No. 7 in Andhra Pradesh and connecting Warangal, Venkatpuram and terminating at its junction near Bhopalpatnam on National Highway No. 16 in Madhya Pradesh.] 1[73 203 The highway starting from its junction with National Highway No. 5 near Bhubaneshwar and terminating at Puri in Orissa.] 1[74 204 The highway starting from Ratnagiri and connecting Hathkamba (National Highway No. 17), Pali (National Highway No. 17), Sakharpa, Malkapur, and terminating at its junction with National Highway No. 4 near Kolhapur in Maharashtra.] [75 205 The highway starting from its junction near Ananthapur on National Highway No. 7 in Andhra Pradesh and connecting Kadiri, Tirupati, Renigunta, Tiruttani and terminating at its junction with National Highway No. 5 near Chennai in Tamil Nadu.] Serial No. National Highway No. Description of national highways 1. Ins. by notification No. S.O. 561(E),dated 7th July, 1999. 2. Ins. by notification No. S.O. 7(E),dated 6th January, 1999. 20 ----- 1[76 206 The highway starting from its junction near Tumkur on National Highway No. 4 and connecting Shimoga and terminating at its junction with National Highway No. 17 near Honnavar in Karnataka.] 1[77 207 The highway starting from its junction near Hosur on National Highway No. 7 in Tamil Nadu connecting Sarjapur, Devenhalli (on National Highway No. 7), DodaBallapur and terminating at its junction with National Highway No. 4 near Nelamangala in Karnataka.] 1[78 208 The highway starting from its junction near Kollam on National Highway No. 47 in Kerala and connecting Punalur, Tenkasi, Rajapalaiyam, Srivilliputtur and terminating at its junction with National Highway No. 7 near Tirumangalam in Tamil Nadu.] 1[79 209 The highway starting from its junction near Dindigul on National Highway No. 7 in Tamil Nadu and connecting Pollachi, Coimbatore, Annur, Satyamanglam, Chamrajnagar, Kollegal and terminating at its junction with National Highway No. 7 near Bangalore in Karnataka.] 1[80 210 The highway starting from its junction with National Highway No. 45 near Trichy and connecting Pudukottai, Devakottai and terminating at its junction with National Highway No. 49 near Ramanathpuram in Tamil Nadu.] 1[81 211 The highway starting from its junction with National Highway No. 9 near Solapur and connecting Osmanabad, Aurangabad and terminating at is junction with National Highway No. 3 near Dhule in Maharashtra.] 2[82 212 The highway starting from its junction with National Highway No. 17 near Kozhikode in Kerala connecting Mysore, and terminating at its junction with National Highway No. 209 near Kollegal in Karnataka.] 1[83 213 The highway starting from its junction with National Highway No. 47 near Palghat and terminating at its junction with National Highway No. 17 near Kozhikode in Kerala.] 1[84 214 The highway starting from its junction with National Highway No. 5 near Kathipudi and connecting Kakinada, and terminating at its junction with National Highway No. 9 near Pamarru in Andhra Pradesh.] 1[85 215 The highway starting from its junction with National Highway No. 5 near Panikoli and connecting Keonjhar, and terminating at its junction with National Highway No. 23 near Rajamunda in Orissa.] National Highway No. Description of national highways 1. Ins. by notification No. S.O. 7(E),dated 6th January, 1999. 2. Ins. by notification No. S.O. 561(E), dated 7th July, 1999. 21 ----- *216 Raigarh - Sarangarh - Saraipalli *217 Raipur - Gopalpur *218 Bijapur - Hubli *219 Madnapalli - Kuppam - Krishnagiri *220 Kollam (Quilon) - Teni. 1[225 563 The highway starting from its junction with NH-63 near Mancheral connecting Karimnangar and terminating at NH-163 near Warangal in the State of Andhra Pradesh. 226 365A The highway starting from its junction with NH-65 near Kodad connecting Khammam and terminating at NH-365 near Mahboobabad in the State of Andhra Pradesh.] 2[227 334B The highway starting from its junction with new NH-34 near Meerut in the State of Uttar Pradesh connecting Sonipat, Kharkhauda, Sampla, Jhajjar, CharkhiDadri and terminating at its junction with NH-709 near Loharu in the State of Haryana.] 3[228 150 Extn. The highway starting from its junction with new NH-50 near Gulbarga connecting Chowdapur, Afzalpur in the State of Karnataka, Dudhani, Akkalkote and terminating at its junction with new NH-52 near Sholapur in the State of Maharashtra.] 4[229 848B The highway starting from its junction with NH-48 near KarembaliPhatak connecting Bamanpunja, Dholar Road in the State of Gujarat, Ambawadi, Patalia Costal Highway in the Union Territory of Daman and Diu and terminating at NH-48 near Udvada in the State of Gujarat. 230 251 The highway starting from its junction with NH-51 near Una in the State of Gujarat connecting Ghoghla in the Union Territory of Daman and Diu and terminating at NH-51 near Kesaria in the State of Gujarat.] 5[231 248A The highway starting from its junction with NH-48 near Sahpura connecting Alwar, Ramgarh, Haryana/Rajasthan border in the State of Rajasthan, Nuh and terminating at its junction with new NH No. 48 near Gurgaon in the State of Haryana.] Serial No. National Highway No. Description of national highways 1. Ins. by notification No. S.O. 775(E), dated 4th March, 2014. 2. Ins. by notification No. S.O. 766(E), dated 4th March, 2014. 3. Ins. by notification No. S.O. 772(E), dated 24th February, 2014. 4. Ins. by notification No. S.O. 838(E), dated 4th March, 2014. 5. Ins. by notification No. S.O. 842(E),dated 4th March, 2014. 22 ----- 1[232 107A The highway starting from its junction with new NH No. 7 near Chamoli connecting Gopeshwar, Okhimath and terminating at its junction on new NH No. 107 near Baramwari in the State of Uttrakhand. 233 309A The highway starting from its junction with new NH No. 9 near Rameshwar connecting Gangolihat, Berinag, Chaukori, Kanda, Bagheshwar, Takula and terminating at its junction with new NH No. 109 near Almora in the State of Uttrakhand.] 3[234 325 The highway starting from its junction with NH-25 near Balotra connecting Siwana, Jalore, Ahor and terminating at its junction with new NH No. 62 near Sandera in the State of Rajasthan. 235 25 Extension. The highway starting from Barmer connecting Ramsar and terminating at Munabao Road in the State of Rajasthan.] 2[236 102C The highway starting from its junction with NH-2 near Maram in the State of Manipur connecting Peren, Jaluki, Pimla, Junction, Razaphe Junction and terminating at NH-29 Near Dimapur in the State of Nagaland.] 3[237 381 The highway starting from its junction with NH-544 near Avinashi connecting Tirupur and terminating at its junction with new NH No. 81 near Avinashipalaiym in the State of Tamilnadu.] 4[238 367 The highway starting from its junction with NH-67 near Bhanapur connecting Kukunur, Yelburga, Gajendragad, Badami, Guledaguda, Bagalkote, Bagalkot and terminating at its junction with new NH No. 52 near Gaddankeri in the State of Karnataka. 239 173 The highway starting from its junction with NH-73 near Mudigere connecting Chikkamagaluru and terminating at its junction with new NH No. 69 near Kadur in the State of Karnataka. 240 275 The highway starting from its junction with NH-75 near Bantwala connecting Puttur, Sulya, Madikeri, PriyapatnaMysuru, Srirangapattana, Mandya, Channapatnam, Ramanagaram and terminating at its junction with new NH No. 75 on Bengaluru in the State of Karnataka. 241 150A The highway starting from its junction with NH-50 at Jevargi connecting Siriguppa, Bellary, Hiriyur, Huliyur, Chikkanayakanahalli, NagamangalaSrirangapatna-Mysore Nanjangud and terminating at its junction with NH-948 at Chamarajanagar in the State of Karnataka.] Serial No. National Highway No. Description of national highways 1. Ins. by notification No. S.O. 867(E),dated 4th March, 2014. 2. Ins. by notification No. S.O. 767(E), dated 4th March, 2014. 3. .Ins. by notification No. S.O.770(E), dated 4th March, 2014. 4. Ins. by notification No. S.O. 774(E), dated 4th March, 2014. 23 ----- 1[242 154A The highway starting from its junction with NH-154 near Chakki, Dhar in the State of Punjab connecting Banikhet, Chamba and terminating at Bharmour in the State of Himachal Pradesh 243 505 The highway starting from its junction with NH-5 near KhabSangam connecting Chango, Sumdo, Tabo, Attargo, Kaza, Morang, Hanse, Losar, Lachu, ChhotaDhara and terminating at Gramphoo in the State of Himachal Pradesh. 244 503 Extention. The highway starting from its junction with NH-3 near Mubarakpur connecting Amb, Una, Dehlan in the State of Himachal Pradesh, Anandpur Sahib, Kiratpur and terminating at its junction with new NH No. 205 in the State of Punjab.] 2[245 444 The highway starting from its junction with NH-44 near Srinagar connecting Badgam, Pulwama, Shupiyan, Kulgam and terminating at its junction with new NH No. 44 near Quazigund in the State of Jammu and Kashmir*. 246 144A The highway starting from its junction with NH-44 near Jammu connecting Akhnur, Naoshera, Rajauri and terminating at Punch in the State of Jammu and Kashmir*.] 3[247 627 The highway starting from its junction with new NH-27 near Nelle (Amsoi Gate) connecting Rajagaon, Doyangmukh, Umrangso, Khobak and terminating at NH-27 near Harangajao in the State of Assam] 4[248 310A The highway starting from its junction with NH-10 near Tashiview point connecting Phodang and terminating at Mangan in the State of Sikkim 249 710 The highway starting from its junction with NH-10 near Melli connecting Manpur, Namchi and terminating at Damthang in the State of Sikkim 250 510 The highway starting from its junction with NH-10 near Singtham connecting Damthang, Legship and terminating at Geyzing in the State of Sikkim.] 5[251 427 The highway starting from its junction with NH-27 near Howli connecting Barpeta, Hajo and terminating at its junction with new NH No. 27 near Jalukbari in the State of Assam 252 329 The highway starting from its junction with NH-29 near Manja connecting Diphu and terminating at its junction with new NH No. 27 near Lumding in the State of Assam Serial No. National Highway No. Description of National Highways 1. Ins. by notification No. S.O. 836(E), dated 4th March, 2014. 2. Ins. by notification No. S.O. 764(E), dated 4th March, 2014. 3. Ins. by notification No. S.O. 840(E), dated 4th March, 2014. 4. Ins. by notification No. S.O. 768(E), dated 4th March, 2014. 5. Ins. by notification No. S.O. 863(E), dated 4th March, 2014. *. Vide notification NO. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 24 ----- 253 117A The highway starting from its junction with NH-17 near Bilasipara connecting Kokrajhar and terminating at its junction with New NH27 near Garubhasa in the State of Assam 254 715A The highway starting from its junction with NH-27 near Nakhola connecting Jagiroad, Marigaon, Kaupati, Rowta, Udalguri, Khoirabari and terminating at Indo/Bhutan border in the State of Assam 255 127E The highway starting from its junction with NH-27 near Barama connecting Baska, Subankhata and terminating at Indo/Bhutan border in the State of Assam] 1[256 326A The highway starting from its junction with new NH No. 326 near Mohana connecting Chandiput, Chheligada, RamagiriUdayagiri, Raygarh, Parlakimidi, Kotabommali and terminating at its junction with NH-16 near Narasannapeta in the State of Odisha.] 2[257 702 The highway starting from its junction with NH-2 near Chantongia connecting Longling, Lonhching, Mon, Lapa, Tizit in the State of Nagaland, Sonari and terminating at its junction with new NH No. 215 near Sapekhati in the State of Assam. 258 702A The highway starting from its junction with new NH No 2 near Mokokchung connecting Zunheboto, Phek in the State of Nagaland and terminating at Jessam near new NH No. 29 in the State of Manipur. 259 208 The highway starting from its junction with NH-8 near Kumarghat connecting Kailashahar, Khowai and terminating at its junction with new NH-8 near Teliamura in the State of Tripura. 260 108A The highway starting from its junction with new NH No. 8 near Jolaibari connecting Belonia and terminating at Indo/Bangladesh border. 261 102C The highway starting from its junction with new NH No. 102 near Palel and terminating at Chandel in the State of Manipur.] 3[262 103A The highway starting from its junction with new NH-3 near Hoshiarpur connecting Mahalpur, Gurhshankar, Nawanshahr, Balachur and terminating at its junction with new NH No. 205 near Rupnagar in the State of Punjab. 263 703A The highway starting from its junction with new NH-3 near Jalandhar connecting Kapurthala, SultanpurLodhi, Pindi and terminating at its junction with new NH No. 54 near Makhu in the State of Punjab.] Serial No. National Highway No. Description of national highways 1. Ins. by notification No. S.O.869(E), dated 4th March, 2014. 2. Ins. by notification No. S.O. 868(E),dated 4th March, 2014. 3. Ins. by notification No. S.O. 864(E),dated 4th March, 2014. 25 ----- 1[264 512 The highway starting from its junction with NH-12 near Gajol connecting Daulatpur, Bansihari, Gangarampur, Harsura, Balurghat and terminating at Hilli in the State of West Bengal near Indo/Bangladesh Border.] 1[265 754 The highway starting from its junction with new NH-54 near KotKapurthala connecting Khara, Muktsar, Saidoke and terminating at Jalalabad in the State of Punjab.] 2[266 185 The highway starting from its junction with new NH No. 85 near Adimali connecting Cheruthoni, Painavu and terminating at its junction with new NH No. 183 near Kumily in the State of Kerala. 267 183A The highway starting from its junction with new NH No. 183 near Adur connecting Pathanamthitta, Vadserikkara, Lahai, and terminating at its junction with new NH No. 183 near Vandiperiyar in the State of Kerala.] 3[268 333A The highway starting from its junction with NH-33 near Bar Bigha connecting Shekhpura, Sikandra, Jamui, Jha-Jha, Banka in the State of Bihar and terminating at its junction with NH-133 near Godda in the State of Jharkhand. 269 527A The highway starting from its junction with new NH No. 527 B near PokhrauniChowk connecting Madhubani, Rampatti and terminating at its junction with new NH No. 27 near Jhanjharpur in the State of Bihar. 270 219 The highway starting from its junction with new NH No. 19 near Mohania connecting Bhabhua, Chainpur, Chand in the State of Bihar and terminating at its junction with NH-19 near Chandauli in the state of Uttar Pradesh.] 4[271 753 The highway starting from its junction with NH-53 near Duggipar connecting Goregaon, and terminating at Gondia in the State of Maharashtra. 272 753A The highway starting from its junction with NH-53 near Malkapur connecting Buldhana, Chikhli, Deulgaon Raja, Jalna and terminating near Aurangabad on NH-52 in the State of Maharashtra. 273 753B The highway starting from its junction with NH-53 near Shevali connecting Nizampur, Chhadvel, Nundurbar, Taloda, Akkalkura in the State of Maharashtra, Dediapada and terminating at Netrang on NH-56 in the State of Gujarat. Serial No. National Highway No. Description of national highways 1. Ins. by notification No. S.O. 871(E), dated 4th March, 2014. 2 Ins. by notification No. S.O. 866(E), dated 4th March, 2014. 3. Ins. by notification No. S.O.870(E), dated 4th March, 2014. 4. Ins. by notification No. S.O. 875(E), dated 5th March, 2014. 26 ----- 274 166A The highway starting from Vadkhal on NH-66 and terminating at Alibaginthe State of Maharashtra.] 1[275 130D The highway starting from its junction with NH-30 on Kondagaon and terminating at Narainpur in the State of Chhattisgarh. 276 163A The highway starting from Geedam(Gidam) on NH-63 and terminating at Dantewara in the State of Chhattisgarh. 277 149B The highway starting from its junction with NH-49 near Champa connecting Korba, Chhuri and terminating at its junction with new NH No. 130 near Katghora in the State of Chhattisgarh 278 130C The highway starting from its junction with NH-30 near Abhanpur connecting Rajim, Gariaband, Bardula, Deobhog in the State of Chhattisgarh and terminating at its junction with new NH No. 201 near Baldhimal in the State of Odisha. 279 930 The highway starting from its junction with NH-30 near Purur connecting Balod, Kusumkasa, Kumhari, Manpur in the State of Chhattisgarh, Muramgaon, Dhanora, Gadchiroli, Mul, Chandrapur, Warora, Wani and terminating near Karanji on NH-44 in the State of Maharashtra. 280 130A The highway starting from its junction with NH-30 near Pondi connecting Pandaria, Mungeli, and terminating at NH-130 on Bilaspur in the State of Chhattisgarh. 281 130B The highway starting from Raipur on NH-30 connecting Palari, Baloda Bazar, Kasdol and terminating at its junction with NH No. 153 near Sarangarh in the State of Chhattisgarh.] 2[282 133A The highway starting from its junction with NH-33 near Baharwa connecting Pakur in the State of Jharkhand and terminating with NH12 near Nimtala in the State of West Bengal. 283 419 The highway starting from its junction with NH-19 near Kulti in the State of West Bengal connecting Chittaranjan, Jamtara and terminating at Gobindpur in the State of Jharkhand. 284 143A The highway starting from its junction with NH-43 near Gumla connecting Ghaghra, Lohardaga and terminating at its junction with NH-39 near Kuru in the State of Jharkhand.] 3[288 713 The Highway starting from its junction with NH-13 near Joram connecting Palin, Sangram and terminating at Koloriang in the State of Arunachal Pradesh. Serial No. National Highway No. Description of national highways 1. Ins. by notification No. S.O. 874(E),dated 5th March, 2014. 2. Ins. by notification No. S.O. 873(E),dated 4th March, 2014. 3. Ins. by notification No. S.O. 1515(E), dated 13th June, 2014. 27 ----- 289 513 The Highway starting from its junction with NH-13 near Passighat connecting Mariyang and terminating at Yingkiong in the State of Arunachal Pradesh. 290 313 The Highway starting from its junction with NH-13 near Meka and terminating near Anini in the State of Arunachal Pradesh. 291 113 The Highway starting from its junction with NH-13 near Hawacamp connecting Hayuliang and terminating near Hawai in the State of Arunachal Pradesh. 292 713A The Highway starting from its junction with NH-13 near Hoj connecting Yupia and terminating at its junction with NH-415 near Pappu (near Nahurlagun) in the State of Arunachal Pradesh.] 1[293 341 The highway starting from its junction with NH-41 near Bhimasar connecting Anjar, Bhuj, Khavda and terminating at Dharmshala in the State of Gujarat. 294 147A The highway starting from its junction with NH-47 near Limbdi connecting Surendranagar, Dhrangadhra and terminating at Kuda in the State of Gujarat. 295 351 The highway starting from its junction with NH-51 near Mahuva connecting Saverkundla, Amreli, Bagasara and terminating at Jetpur on NH-27 in the State of Gujarat. 296 953 The highway starting from its junction with NH-53 near Songudh connecting Ahwa in the State of Gujarat, Sarad, Vani and terminating at its junction with NH-60 near PimpalgaonBaswant in the State of Maharashtra. 297 927D The highway starting from its junction with NH-27 near Dhoraji connecting Jamkandorna, Kalavad and terminating at Jamnagar in the State of Gujarat.] 2[298 348 A The highway starting from its junction with NH-348 near JawaharLal Nehru Port Trust connecting Gavanphata section of SH-54 (Km. 5.300 to km. 14.550), Amara Marg (km. 0.000 to km. 6.500) and terminating at its junction with Palm Beach Road in the State of Maharashtra.] 3[313 709A The highway starting from its junction with new NH No. 709 at Bhiwaniconnecting Mundal, Jind, Karnal in the State of Haryana, Shamli, Budhana and terminating at its junction with new NH No. 34 at Meerut in the State of Uttar Pradesh.] 1. Ins. by notification No. S.O. 1522(E), dated 13th June, 2014. 2. Ins. by notification No. S.O. 1513(E), dated 13th June, 2014. 3. Ins. by notification No. S.O. 699(E), dated 10th March, 2015. 28 -----

12-Sep-1956

49

The River Boards Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1659/1/195649.pdf

central

SECTIONS # THE RIVER BOARDS ACT, 1956 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY 1. Short title and commencement. 2. Declaration as to expediency of control by Central Government. 3. Definitions. CHAPTER II ESTABLISHMENT OF RIVER BOARDS 4. Establishment of Boards. 5. Composition of Board. 6. Terms and conditions of service of members. 7. Temporary absence of any member. 8. Meetings of Board. 9. Vacancy in Board, etc., not to invalidate acts or proceedings. 10. Appointment of advisory committee. 11. Temporary association of persons with Board for particular purposes. 12. Staff of Board. CHAPTER III POWERS AND FUNCTIONS OF THE BOARD 13. Matters in respect of which a Board may be authorised to tender advice. 14. Functions of Board. 15. Preparation of schemes by Board and their execution. 16. General Powers of Board. 17. Payment to Board. 18. Fund of Board. 19. Budget. 20. Annual report. 21. Accounts and audit. CHAPTER IV MISCELLANEOUS 22. Arbitration. 23. Returns and reports. 24. Delegation of powers. 1 ----- SECTIONS 25. Members and officers of Board to be public servants. 26. Protection of action taken in good faith. 27. Dissolution of Board and transfer of assets and liabilities. 28. Power to make rules. 29. Power to make regulations. 2 ----- # THE RIVER BOARDS ACT, 1956 ACT NO. 49 OF 1956 [12th September, 1956.] # An Act to provide for the establishment of River Boards for the regulation and development of inter-State rivers and river valleys. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the River Boards Act, 1956.** (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Declaration as to expediency of control by Central Government.—It is hereby declared that it is** expedient in the public interest that the Central Government should take under its control the regulation and development of inter-State rivers and river valleys, to the extent hereinafter provided. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board” means a River Board establishment under section 4; (b) “Governments interested”, in relation to a Board, means the Governments of those States which, in the opinion of the Central Government, are likely to be interested in, or affected by, the functions of the Board under this Act; (c) “member” means a member of a Board and includes its Chairman; (d) “prescribed” means prescribed by rules made under this Act. CHAPTER II ESTABLISHMENT OF RIVER BOARDS **4. Establishment of Boards.—(1) The Central Government may, on a request received in this behalf** from a State Government or otherwise, by notification in the Official Gazette, establish a River Board for advising the Governments interested in relation to such matters concerning the regulation or development of an inter-State river or river valley or any specified part thereof and for performing such other functions as may be specified in the notification, and different Boards may be established for different inter-State rivers or river valleys: Provided that no such notification shall be except after consultation with the Governments interested with respect to the proposal to establish the Board, the persons to be appointed as members thereof and the functions which the Board may be empowered to perform. (2) A Board may be established under such name as may be specified in the notification under sub-section (1). (3) Every Board so established shall be a body corporate having perpetual succession and a common seal, and shall by the said name sue and be sued. (4) Every Board shall exercise its jurisdiction within such limits of the river (including its tributaries, if any) or river valley as may be specified in the notification under sub-section (1) and the area so specified shall be called the area of operation of the Board. 1. 15th May, 1957, vide notification No. EL-I-452 (17)/57, dated 11th May, 1957, see Gazette of India, Extraordinary, Part II, sec. 1. 1st October, 1973, vide Reg. 7 of 1963, s. 3 and the First Schedule in respect of Pondicherry. 1st July 1965, vide Reg. 6 of 1963, s. 2 and the First Schedule extended to and brought into force in respect of the Dadra and Nagar Haveli. 3 ----- **5. Composition of Board.—(1) The Board shall consist of a Chairman and such other members as** the Central Government thinks fit to appoint. (2) A person shall not be qualified for appointment as a member unless, in the opinion of the Central Government, he has special knowledge and experience in irrigation, electrical engineering flood control, navigation, water conservation, soil conservation administration or finance. **6. Terms and conditions of service of members.—(1) A member shall, unless his appointment is** terminated earlier by the Central Government, hold office for such period as may be notified in this behalf by the Central Government in the Official Gazette, and shall, on the expiry of the term of his office be eligible for re-appointment. (2) A member may resign his office by writing under his hand addressed to the Central Government, but he shall continue in office until the appointment of his successor is notified in the Official Gazette. (3) A casual vacancy created by the resignation of a member under sub-section (2) or for any other reason shall be filled by fresh appointment. (4) A member may be appointed either as a whole-time or part-time member as the Central Government thinks fit. (5) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed. **7. Temporary absence of any member.—If any member is by infirmity or otherwise rendered** temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his appointment, the Central Government may appoint another person to act in his place. **8. Meetings of Board.—The Board shall meet at such times and places and shall observe such rules** of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act. **9. Vacancy in Board, etc., not to invalidate acts or proceedings.—No act or proceeding of the** Board shall be deemed to be invalid by reason only of the existence of any vacancy in the Board or any defect in the appointment of a member thereof. **10. Appointment of advisory committee.—The Board may, from time to time, appoint one or more** advisory committee or committees for the purpose of enabling it to carry out of its functions under this Act. **11. Temporary association of persons with Board for particular purposes.—(1) The Board may** associate with itself in such manner and for such purposes as may be determined by regulations made under this Act any person whose assistance or advice it may desire in performing any of its functions under this Act. (2) A person associated with the Board under sub-section (1) for any purpose shall have a right to take part in the discussions of the Board relevant to that purpose, but shall not have a right to vote at a meeting of the Board, and shall not be a member for any other purpose. **12. Staff of Board.—Subject to such rules as may by the Central Government in this behalf, the** Board may, for the purpose of enabling it to efficiently perform its functions or exercise its powers under this Act, appoint such officers as it may think fit and determine their functions and terms and conditions of service. CHAPTER III POWERS AND FUNCTIONS OF THE BOARD **13. Matters in respect of which a Board may be authorised to tender advice.—A Board may be** empowered under sub-section (1) of section 14 to perform all or any of the following functions, namely:— (a) advising the Governments interested on any matter concerning the regulation or development of any specified inter-State river or river valley within its area of operation and in particular, advising 4 ----- them in relation to the co-ordination of their activities with a view to resolve conflicts among them and to achieve maximum results in respect of the measures undertaken by them in the inter-State river or river valley for the purpose of— (i) conservation, control and optimum utilisation of water resources of the inter-State river; (ii) promotion and operation of schemes for irrigation, water supply or drainage; (iii) promotion and operation of schemes for the development of hydro-electric power; (iv) promotion and operation of schemes for flood control; (v) promotion and control of navigation; (vi) promotion of afforestation and control of soil erosion; (vii) prevention of pollution of the waters of the inter-State river; (viii) such other matters as may be prescribed; (b) preparing schemes, including multi-purpose schemes, for the purpose of regulating or developing the inter-State river or river valley and advising the Governments interested to undertake measures for executing the scheme prepared by the Board; (c) allocating among the Governments interested the costs of executing any scheme prepared by the Board and of works undertaken in the execution of the scheme; (d) watching the progress of the measures undertaken by the Governments interested; (e) any other matter which is supplemental, incidental or consequential to any of the above functions. **14. Functions of Board.—(1) The Central Government, after consultation with the Governments** interested, may, by notification in the Official Gazette, empower the Board to perform all or such of the functions under section 13 as may be specified in the notification. (2) The Board shall exercise its powers and perform all the functions which it is empowered to do by or under this Act within its area of operation. (3) In performing its functions under this Act, the Board shall consult the Governments interested at all stages and endeavour to secure, as far as may be practicable, agreement among such Governments. **15. Preparation of schemes by Board and their execution.—(1) Where any Board has been** empowered to perform functions under clause (b) of section 13, the Board may, from time to time, prepare schemes, not inconsistent with its functions under this Act, for the purpose of regulating or developing any inter-State river or river valley within its area of operation. (2) After preparing any such scheme, the Board shall consult the Governments interested and the Central Government in respect of the scheme and after considering their suggestions, if any, the Board may confirm, modify or reject the scheme. (3) The scheme as confirmed or modified under sub-section (2) shall thereupon become final and shall be called the approved scheme. (4) Before any scheme is approved, the Board shall take into account the costs likely to be incurred in undertaking measures for executing the scheme and in maintaining any works to be undertaken in the execution of the scheme and the costs shall be allocated among the Governments interested in such proportion as may be agreed or, in default of agreement, as may be determined by the Board having regard to the benefits which will be received from the scheme by them. (5) Every approved scheme shall be forwarded to the Governments interested and the Board may advise them to undertake measures for executing the scheme and a copy of the approved scheme shall also be forwarded to the Central Government. 5 ----- (6) The Central Government may, on a request received in this behalf from any Government interested or otherwise, assist the Governments interested in taking such steps as may be necessary for the execution of the scheme. **16. General Powers of Board.—For the purpose of efficiently performing its functions under this** Act, every Board may, within its area of operation,— (a) acquire, hold and dispose of such property, both movable and immovable, as it deems necessary; (b) undertake such preliminary investigation or surveys or other measures as it deems necessary; (c) inspect or cause to be inspected any works undertaken by any Government interested concerning the regulation or development of the inter-State river or river valley; (d) conduct and co-ordinate research or various aspects of the conservation, regulation or utilisation of water resources, such as water power generation, irrigation, navigation, flood control, soil conservation, land use and connected structural and design features; (e) collect such topographical, meteorological, hydrological and sub-soil water data as it deems necessary; (f) publish statistics or other information relating to the various aspects of the regulation or development of the inter-State river or river valley; (g) require any Government interested to furnish such information as the Board may require in relation to— (i) the measures undertaken by that Government for the regulation or development of the inter-State river or river valley; (ii) the topographical, meteorological, hydrological and sub-soil water data; (iii) such other matters as may be prescribed. **17. Payment to Board.—The Central Government may, after due appropriation made by Parliament** by law in this behalf, pay to the Board in each financial year such sums as the Central Government may consider necessary for the performance of the functions of the Board under this Act. **18. Fund of Board.—(1) The Board shall have its own fund, and all sums which may, from time to** time, be paid to it by the Central Government or a State Government and all other receipts of the Board shall be carried to the fund of the Board and all payments by the Board shall be made therefrom. (2) The Board may expend such sums as it thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the fund of the Board. **19. Budget.—The Board shall prepare, in such form and at such time each year as may be prescribed,** a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Central Government and the Governments interested. **20. Annual report.—The Board shall prepare, in such form and at such time each year as may be** prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and the Governments interested; and the Central Government shall cause every such report to be laid before both Houses of Parliament. **21. Accounts and audit.—(1) The Board shall cause to be maintained such books of account and** other books in relation to its accounts in such form and in such manner as may be prescribed. (2) The accounts of the Board shall be audited at such time and in such manner as may be prescribed. CHAPTER IV MISCELLANEOUS **22. Arbitration.—(1) Where any dispute or difference arises between two or more Government** interested with respect to— (a) any advice tendered by the Board under this Act; 6 ----- (b) any measurers undertaken by any Government interested in pursuance of any advice tendered by the Board; (c) the refusal or neglect of any Government interested to undertake any measurers in pursuance of any advice tendered by the Board; (d) the sharing of benefits or financial liabilities arising out of any advice tendered by the Board; (e) any other matter covered by this Act or touching or arising out of it, any of the Governments interested may, in such form and in such manner as may be prescribed, refer the matter in dispute to arbitration. (2) The arbitrator shall be person to be appointed in this behalf by the Chief Justice of India from among persons who are, or have been, Judges of the Supreme Court or are Judges of a High Court. (3) The arbitrator may appoint two or more persons as assessors to assist him in the proceeding before him. (4) The decision of the arbitrator shall be final and binding on the parties to the dispute and shall be given effect to by them. (5) Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply to arbitrations under this section. **23. Returns and reports.—The Board shall furnish to the Central Government such returns,** statistics, accounts and other information with respect to its fund or activities as the Central Government may from time to time require. **24. Delegation of powers.—The Board may, by general or special order in writing, delegate to the** chairman or any other member of any officer of the Board, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary for the efficient running of the day-to day administration of the Board. **25. Members and officers of Board to be public servants.—All members and officers of a Board** shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **26. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against any** member or officer of a Board in respect of anything which is in good faith done or intended to be done in pursuance of this Act. **27. Dissolution of Board and transfer of assets and liabilities.—(1) When the Central Government** is of opinion that a Board has performed its functions under this Act, the Central Government, after consultation with the Governments interested, may, by notification in the Official Gazette, declare that the Board shall be dissolved from such date as may be specified in this behalf in such notification; and the Board shall be deemed to have been dissolved accordingly. (2) On the dissolution of the Board by a notification under sub-section (1),— (a) all properties, funds and dues which are vested in, or realisable by, the Board shall vest in, and be reliable by, such Government or authority as may be specified in the said notification; and (b) all liabilities which are enforceable against the Board shall be enforceable only against the Government or authority specified in the said notification. **28. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the salaries, allowances and conditions of service of members of the Board; (b) the matters in respect of which a Board may tender advice to the Governments interested under sub-clause (viii) of clause (a) of section 13; 7 ----- (c) the matters in respect of which the Board may require a Government interested to furnish information; (d) the manner in which the Central Government may assist the Governments interested to execute any scheme prepared by the Board; (e) the form in which, and the time within which, the budget and annual report of the Board may be prepared and forwarded to the Central Government and the Governments interested; (f) the form and manner in which the accounts of the Board may be maintained, and the time at which, and the manner in which, such accounts may be audited; (g) the returns and information which the Board may be required to furnish to the Central Government; (h) the form and manner in which a dispute may be referred to arbitration under this Act; (i) the procedure to be followed in arbitration proceedings under this Act; (j) the manner of recruitment of the officers of a Board and the terms and conditions of service of such officers; (k) any other matter which has to be, or may be prescribed; 1[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **29. Power to make regulations.—[2][(1)] The Board may, with the previous approval of the Central** Government, by notification in the Gazette of India, make regulations, not inconsistent with this Act or the rules made thereunder— (a) regulating the meetings of the Board and the procedure for conducting business thereat; (b) regulating the manner in which, and the purposes for which, advisory committees may be appointed; (c) regulating the manner in which and the purposes for which persons may be associated with the Board under section 11; (d) determining the terms and conditions of service of the members of advisory committees, of persons associated with the Board under section 11 and of all officers appointed by the Board. 3[(2) Every regulation made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.] 1. Subs. by Act 4 of 1986, s. 2 and the Schedule, for sub-section (3) (w.e.f. 15-5-1986). 2. Section 29 renumbered as sub-section (1) of that section by s. 2 and the Schedule, ibid. (w.e.f. 1-10-1984). 3. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-5-1986). 8 -----

15-Sep-1956

53

The Lok Sahayak Sena Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1669/3/a1956-53.pdf

central

# THE LOK SAHAYAK SENA ACT, 1956 __________ ARRANGEMENT OF SECTIONS ___________ SECTIONS 1. Short title and extent. 2. Definitions. 3. Constitution of the Lok Sahayak Sena. 4. Establishment of camps. 5. Enrolment. 6. Duties of volunteers. 7. Discharge. 8. Offences and penalties. 9. Liability for causing loss of, or damage to, Government property. 10. Presumption as to certain documents. 11. Power to make rules. 1 ----- # THE LOK SAHAYAK SENA ACT, 1956 ACT NO. 53 OF 1956 [15th September, 1956.] # An Act to provide for the constitution of Lok Sahayak Sena for imparting military training to citizens of India. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the Lok Sahayak Sena Act, 1956.** (2) It extends to the whole of India. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “camp” means any place established under section 4 as a camp where any body of volunteers is for the time being undergoing training; (b) “Force” means the Lok Sahayak Sena constituted under this Act; (c) “prescribed” means prescribed by rules made under this Act; (d) “superior officer” means any officer, junior commissioned officer, warrant officer or non-commissioned officer of the regular Army or of the Territorial Army; (e) “volunteer” means a person enrolled in the Force under this Act; (f) all words and expressions used in this Act and not defined but defined in the Army Act, 1950 (46 of 1950), or in the Territorial Army Act, 1948 (56 of 1948), shall have the meanings respectively assigned to them in the said Acts. **3. Constitution of the Lok Sahayak Sena.—There shall be raised and maintained by the Central** Government a force to be designated the Lok Sahayak Sena by the enrolment of volunteers in the manner hereinafter provided. **4. Establishment of camps.—The Central Government may establish such number of camps for the** purposes of the Force as it thinks fit and may close down or re-establish any such camps. **5. Enrolment.—Any citizen of India not below the age of eighteen years and not above the age of** forty years may offer himself for enrolment as a volunteer and may, if he satisfies the prescribed conditions, be enrolled in the prescribed manner by the prescribed authority for such period and subject to such conditions as may be prescribed. **6. Duties of volunteers.—No person shall, on the ground only of being a volunteer be liable for** military service, but subject thereto a volunteer may be called upon to undergo such training as may be prescribed, and while undergoing such training shall perform such duties and discharge such obligations as the prescribed authority may, by general or special order, direct. **7. Discharge.—Every volunteer shall be entitled to receive his discharge from the Force on the** expiration of the period for which he was enrolled, but may, prior to the expiration of that period, be discharged from the Force by such authority and subject to such conditions as may be prescribed. **8. Offences and penalties.—(1) If any volunteer commits any of the following offences, that is** to say,— (i) without sufficient cause fails to attend at any place when duly required to do so; or (ii) while in camp on duty— (a) absents himself from the camp without leave; (b) uses criminal force or uses threatening or insubordinate language to a superior officer or assaults a superior officer; (c) disobeys any lawful command of a superior officer; (d) neglects to obey any standing, general or other orders by the officer commanding the camp; 2 ----- (e) uses criminal force to, or assaults, any volunteer or any person subject to the Army Act, 1950 (46 of 1950), or the Territorial Army Act, 1948 (56 of 1948); (f) knowingly does any act which is prejudicial to the maintenance of good order or military discipline in camp; he shall be punishable summarily by order of the prescribed authority with fine which may extend to fifty rupees or, in default, by being confined to barracks for a term which may extend to seven days. (2) Any fine imposed by order of the prescribed authority under sub-section (1), may on application made in this behalf by the prescribed authority to a magistrate having jurisdiction in the place where the volunteer resides or has a place of business, be recovered in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), as if it were a fine imposed by such magistrate. **9. Liability for causing loss of, or damage to, Government property.—If any volunteer wilfully or** negligently causes loss of, or damage to, any property of the Government, the prescribed authority may, after giving him an opportunity of being heard and after making such inquiry into the matter as it thinks fit, make an order requiring him to make good the loss or damage within such time as may be specified in the order within such further time as may be allowed by the prescribed authority in this behalf, and where the amount thereof as determined by the prescribed authority is not paid within the time allowed, it shall, on application made by the prescribed authority to the Collector of the district in which the volunteer resides or has a place of business, be recovered from him in the same manner as an arrear of land revenue. **10. Presumption as to certain documents.—Where a volunteer is required by or in pursuance of any** rule made under this Act to attend at any place, a certificate purporting to be signed by the prescribed officer, stating that the volunteer so required to attend failed to do so in accordance with such requirement shall, without proof of the signature or appointment of such officer, be evidence of the matters stated therein. **11. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the authorities by which, the manner in which, the period for which, and the conditions subject to which, any person may be enrolled as a volunteer; (b) the training, discipline, duties, and obligations which a volunteer has to undergo, observe, perform or discharge under this Act; (c) the authorities by which, and the conditions subject to which, a volunteer may be discharged; (d) the manner in which, and the conditions subject to which, a volunteer may be called out for training or duties; (e) the determination of authorities for the purposes of this Act; (f) the officers by whom certificates may be signed under section 10; and (g) any other matter which under this Act is to be or may be prescribed. 1[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 1. Subs. by Act 4 of 1986, s. 2 and the Schedule, for sub-section (3) (w.e.f. 15-5-1986). 3 -----

16-Sep-1956

55

The Supreme Court (Number of Judges) Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1676/3/a1956-55.pdf

central

# THE SUPREME COURT (NUMBER OF JUDGES) ACT, 1956 ARRANGEMENT OF SECTIONS SECTIONS 1. Short title. 2. Maximum number of Supreme Court Judges other than Chief Justice. 1 # THE SUPREME COURT (NUMBER OF JUDGES) ACT, 1956 ----- # THE SUPREME COURT (NUMBER OF JUDGES) ACT, 1956 ACT NO. 55 OF 1956 [16th September, 1956.] # An Act to provide for an increase in the number of Judges of the Supreme Court, excluding the Chief Justice. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:— **1.** **Short title.—This act may be called the Supreme Court (Number of Judges) Act, 1956.** **2.** **Maximum number of Supreme Court Judges other than Chief Justice.—The maximum** number of Judges of the Supreme Court, excluding the Chief Justice of India, shall be [1][thirty-three]. 1. Subs. by Act 37 of 2019, s. 2, for “thirty” (w.e.f. 09-08-2019). 2 # THE SUPREME COURT (NUMBER OF JUDGES) ACT, 1956 -----

25-Sep-1956

62

The Jammu and Kashmir (Extension of Laws) Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1722/1/a1956-62.pdf

central

# THE JAMMU AND KASHMIR (EXTENSION OF LAWS) ACT, 1956 ___________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title and commencement. 2. Extension and amendment of certain laws. 3. Construction of references to laws not in force in Jammu and Kashmir. 4. Construction of references to authorities where new authorities have been constituted. 5. Repeals and savings. 6. Power to remove difficulties. THE SCHEDULE 1 ----- # THE JAMMU AND KASHMIR (EXTENSION OF LAWS) ACT, 1956 ACT NO. 62 OF 1956 [25th September, 1956.] # An Act to provide for the extension of certain laws to the State of Jammu and Kashmir. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Jammu and Kashmir (Extension** of Laws) Act, 1956. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Extension and amendment of certain laws.—(1) The Acts and Ordinance mentioned in the** Schedule and all rules, orders and regulations made there under are hereby extended to, and shall be in force, in the State of Jammu and Kashmir*. (2) With effect from the commencement of this Acts the Act and Ordinance mentioned in the Schedule shall be amended as specified therein. **3. Construction of references to laws not in force in Jammu and Kashmir.—Any reference in any** Act or in the Ordinance mentioned in the Schedule to a law which is not in force in the State of Jammu and Kashmir* shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State. **4. Construction of references to authorities where new authorities have been constituted.—Any** reference by whatever form of words in any law for the time being in force in the State of Jammu and Kashmir* to any authority competent at the date of the passing of that law to exercise any powers or discharge any functions in that State shall, where a corresponding new authority has been constituted by or under any law now extended to that State, have effect as if it were a reference to the new authority. **5. Repeals and savings.—If immediately before the commencement of this Act there is in force in** the State of Jammu and Kashmir* any law corresponding to any Act or Ordinance now extended to that State, that law shall, save as otherwise expressly provided in this Act, stand repealed on such commencement: Provided that the repeal shall not affect— (a) the previous operation of any law so repealed or anything duly done or suffered hereunder, (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed: Provided further that, subject to the preceding proviso, anything done or any action taken (including any appointment or delegation made, notification, instruction or direction issued, form, bye-law or scheme framed, certificate obtained, permit or licence granted or registration effected) under any such law shall be deemed to have been done or taken under the corresponding provisions of the Act or Ordinance now extended to that State, and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act or Ordinance. 1. 1st November, 1956, _vide notification No. S. R. O. 2327, dated 10th October, 1956,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3. *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 2 ----- **6. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of any** Act or Ordinance now extended to the State of Jammu and Kashmir*, the Central Government may, by order notified in the Official Gazette, make such provisions or give such directions as appear to it necessary for the removal of the difficulty. (2) In particular, and without prejudice to the generality of the foregoing power, any such notified order may,— (a) specify the corresponding authorities within the meaning of section 4, (b) provide for the transfer of any matter pending immediately before the commencement of this Act before any court, tribunal or other authority, to any corresponding court, tribunal or authority for disposal, (c) specify the areas or circumstances in which, or the extent to which, or the conditions subject to which, anything done or any action taken (including any of the matters specified in the second proviso to section 5) under any law repealed by that section shall be recognised or given effect to under the corresponding provision of the Act or Ordinance now extended. _*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and_ Kashmir and the Union territory of Ladakh. 3 ----- THE SCHEDULE (See section 2) ACTS _The Opium Act, 1857_ (13 of 1857) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _The Government Savings Banks Act, 1873_ (5 of 1873) _Section 1.—Omit “except the State of Jammu and Kashmir*”._ _The Negotiable Instruments Act, 1881_ (26 of 1881) _Section 1.—Omit “except the State of Jammu and Kashmir*”._ _Section 3.—Omit the definition of “India”._ _Section 137.—Omit “or the State of Jammu and Kashmir*”._ _The Police Act, 1888_ (3 of 1888) _Section 1.—For sub-section (2), substitute—_ “(2) It extends to the whole of India.” _The Indian Merchandise Marks Act, 1889_ (4 of 1889) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—Omit clause (6)._ _The Live-stock Importation Act, 1898_ (9 of 1898) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—In clause (c), for “the territories to which this Act extends”, substitute “India”._ _Section 3.—In sub-section (1), for “the territories to which this Act extends”, substitute “India”._ _The Indian Coinage Act, 1906_ (3 of 1906) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 23.—For “the territories to which this Act extends”, substitute “India”._ _The Indian Patents and Designs Act, 1911_ (2 of 1911) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—(a) To clause (1), add “and in relation to the State of Jammu and Kashmir*, the_ Advocate-General for that State”. (b) Omit clause (7A). _*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and_ Kashmir and the Union territory of Ladakh. 4 ----- _Section 80.—(a) In the opening paragraph of sub-section (1), for the portion beginning with the words_ “If immediately” and ending with the words “to which this Act extends”, substitute— “If immediately before— (i) the 18th day of April, 1950, in relation to any Part B State other than the State of Jammu and Kashmir*, and (ii) the date of commencement of the Jammu and Kashmir (Extension of Laws) Act, 1956, in relation to the State of Jammu and Kashmir*, there was in force in the Part B State concerned”. (b) In sub-section (2), after “Part B States (Laws) Act, 1951,”, (3 of 1951), insert “or section 5 of the Jammu and Kashmir (Extension of Laws) Act, 1956,”. _The Destructive Insects and Pests Act, 1914_ (2 of 1914) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—Omit clause (d)._ Omit section 4C. _Section 5A.—Omit “or exports or attempts to export from India to the State of Jammu and Kashmir*_ any article or insect in respect of which a notification under section 4C has been issued”. _The Indian Copyright Act, 1914_ (3 of 1914) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—Omit clause (1A)._ _The Indian Cotton Cess Act, 1923_ (14 of 1923) _Section 1.—For sub-section (2), substitute—_ “(2) It extends to the whole of India: Provided that it shall not apply to the State of Jammu and Kashmir* except to the extent to which the provisions of this Act relate to the levy and collection of the cess specified therein.”. _Section 3.—(a) In sub-section (1), for “the territories to which this Act extends”, and “the said_ territories”, substitute “India”. (b) In sub-section (2), for “the territories to which this Act extends”, substitute “India”. _The Indian Soldiers (Litigation) Act, 1925_ (4 of 1925) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _The Dangerous Drugs Act, 1930_ (2 of 1930) Throughout the Act, for “the States”, substitute “India”. _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—Omit clause (II)._ _*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and_ Kashmir and the Union territory of Ladakh. 5 ----- _The Indian Lac Cess Act, 1930_ (24 of 1930) _Section 1.—For sub-section (2), substitute—_ “(2) It extends to the whole of India: Provided that it shall not apply to the State of Jammu and Kashmir* except to the extent to which the provisions of this Act relate to the levy and collection of the cess specified therein.”. _The Reserve Bank of India Act, 1934_ (2 of 1934) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—Omit clause (g)._ After section 26, insert— “26A. Certain bank notes to cease to be legal tender.—Notwithstanding anything contained in section 26, no bank note of the denominational value of five hundred rupees, one thousand rupees or ten thousand rupees issued before the 13th day of January, 1946, shall be legal tender in payment or on account for the amount expressed therein.”. _The Petroleum Act, 1934_ (30 of 1934) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—For clause (d), substitute—_ “(d) ‘to transport petroleum’ means to move petroleum from one place to another in India;”. In clause (e), for “the territories to which this Act extends”, substitute “India”. _The Insurance Act, 1938_ (4 of 1938) Throughout the Act, for “the States” and “the States of India”, substitute “India”. _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—Omit clause (14A)._ _Section 114.—In clause (b) of sub-section (2), omit “in India or” and “as the case may be”._ _The Trade Marks Act, 1940_ (5 of 1940) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—In sub-section (1), omit clause (dd)._ _The Agricultural Produce Cess Act, 1940_ (27 of 1940) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 3.—In sub-section (1), for “the territories to which this Act extends”, substitute “India”._ _The Indian Coconut Committee Act, 1944_ (10 of 1944) _Section 1.—For sub-section (2), substitute—_ “(2) It extends to the whole of India: *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 6 ----- Provided that it shall not apply to the State of Jammu and Kashmir* except to the extent to which the provisions of this Act relate to the levy and collection of the duty of excise specified therein.”. _Section 3.—In sub-section (1), for “the territories to which this Act extends” and “the said territories”,_ substitute “India”. _The Indian Oilseeds Committee Act, 1946_ (9 of 1946) _Section 1.—For sub-section (2), substitute—_ “(2) It extends to the whole of India: Provided that it shall not apply to the State of Jammu and Kashmir* except to the extent to which the provisions of this Act relate to the levy and collection of the duty of excise and the duty of customs specified therein.”. _Section 3.—In sub-section (1),—_ (a) for “the territories to which this Act extends”, substitute “India”; (b) for “the said territories” occurring in two places, substitute “India”; _The Delhi Special Police Establishment Act, 1946_ (25 of 1946) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _The Foreign Exchange Regulation Act, 1947_ (7 of 1947) Throughout the Act, for “the States”, substitute “India”. _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—Omit clause (m) and re-letter clause (n) as clause (m)._ _The Antiquities (Export Control) Act, 1947_ (31 of 1947) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—In clause (b), for “the territories to which this Act extends”, substitute “India”._ _The Atomic Energy Act, 1948_ (29 of 1948) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 15.—In sub-section (3), for “Advocate-General of India”, substitute “Attorney-General for_ India”. _The Banking Companies Act, 1949_ (10 of 1949) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 5.—In sub-section (1), omit clause (gg)._ _Section 11.—In the Explanation to sub-section (3), for “in India”, substitute “in a State”._ _The Banking Companies (Legal Practitioners’ Clients’ Accounts) Act, 1949_ (46 of 1949) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 7 ----- _The Emblems and Names (Prevention of Improper Use) Act, 1950_ (12 of 1950) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _The Public Premises (Eviction) Act, 1950_ (27 of 1950) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—For clause (b), substitute—_ “(b) [1]‘[public premises]’ means,— (i) in relation to the State of Jammu and Kashmir*, any premises 2*** belonging to, or taken on lease by or on behalf of the Central Government, or acquired or requisitioned on behalf of the Central Government by the State Government; and (ii) in relation to the rest of India, any premises [2]*** belonging to, or taken on lease or requisitioned by, the Central Government or requistioned by the competent authority under the Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952), and, in relation to the State of Delhi, includes also any premises [2]*** [3][vested in the Delhi Improvement Trust or a local authority in that territory, whether such premises are in the possession of, or have been leased out by, the Trust or local authority, as the case may be];”. _The State Financial Corporations Act, 1951_ (63 of 1951) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _The State Armed Police Forces (Extension of Laws) Act, 1952_ (63 of 1952) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _The Khadi and other Handloom Industries Development (Additional Excise Duty on Cloth) Act, 1953_ (12 of 1953) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—For clause (a), substitute—_ “(a) ‘appointed day’ means.— (i) in relation to the State of Jammu and Kashmir*, the date on which the Jammu and Kashmir (Extension of Laws) Act, 1956, comes into force in that State; and (ii) in relation to the rest of India, the 15th day of February, 1953;”. _Section 3.—In sub-section (1), for “the territories to which this Act extends”, substitute “India”._ _The Salt Cess Act, 1953_ (49 of 1953) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 3.—For “the territories to which this Act extends”, substitute “India”._ 1. Subs. by Act 36 of 1957, s. 3 and the Second Schedule, for “Government premises” (w.e.f. 17-9-1957). 2. The words “or land” omitted by s. 3 and the Second Schedule, ibid. (w.e.f. 17-9-1957). 3. Subs. by s. 3 and the Second Schedule, ibid., for certain words (w.e.f. 17-9-1957). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 8 ----- _The Companies Act, 1956_ (1 of 1956) _Section 1.—For sub-section (3), substitute—_ “(3) It extends to the whole of India: Provided that it shall not apply to the State of Jammu and Kashmir* except to the extent to which the provisions of this Act relate to the incorporation, regulation and winding up of banking, insurance and financial corporations.” _Section 2.—Omit clause (20)._ _Section 3.—In sub-section (1), for sub-clause (f) of clause (ii), substitute—_ “(f) Any law corresponding to any of the Acts or the Ordinance aforesaid and in force— (1) in the merged territories or in a Part B State (other than the State of Jammu and Kashmir*), or any part thereof, before the extension thereto of the Indian Companies Act, 1913 (7 of 1913); or (2) in the State of Jammu and Kashmir*, or any part thereof, before the commencement of the Jammu and Kashmir (Extension of Laws) Act, 1956;”. In sub-section (2), omit clause (b). _Section 226.—In clause (a) of sub-section (2), before “entitling him to act”, insert “or of the Jammu_ and Kashmir (Extension of Laws) Act, 1956, as the case may be,”. _Section 558.—In sub-section (1), omit the Explanation._ _Section 565.—In sub-section (3), omit “or in the State of Jammu and Kashmir*”._ _Section 582.—In sub-clause (iii) of clause (a), omit “or in the State of Jammu and Kashmir*_ immediately before the 26th January 1950”. ORDINANCE _The Currency Ordinance, 1940_ (4 of 1940) _Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”._ _Section 2.—For “the territories to which this Ordinance extends”, and “the said territories”, substitute_ “India”. *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 9 -----

25-Sep-1956

61

The Khadi and Village Industries Commission Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1683/1/a1956-61.pdf

central

# THE KHADI AND VILLAGE INDUSTRIES COMMISSION ACT, 1956 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and extent. 2. Definitions. 3. Power to add to the Schedule. CHAPTER II THE KHADI AND VILLAGE INDUSTRIES COMMISSION 4. Establishment and constitution of the Commission. 5. Powers and functions of the Chief Executive Officer. 5A. Powers and functions of the Financial Adviser. 6. Disqualifications for membership of the Commission. 6A. Removal of Chairman, Member, etc., from the Commission. 7. Resignation of office by member. 8. Vacancies, etc., not to invalidate acts and proceedings of the Commission. 9. Temporary association of persons with the Commission for particular purposes. 10. Constitution of the Board. 11. Commission to consult the Board. 12. Meetings of the Commission. 12A. Zonal Committee. 13. Term of office and conditions of service of the chairman and other members. 14. Officers and servants of the Commission. CHAPTER III FUNCTIONS OF THE COMMISSION 15. Functions of the Commission. 16. Power of Central Government to give directions. CHAPTER IV FINANCE, ACCOUNTS, AUDIT AND REPORTS 17. Payment to the Commission. 17A. Commission to receive gifts, grants, etc. 18. Funds of the Commission. 1 ----- SECTIONS 19. Power of the Commission to spend. 19A. Standing Finance Committees. 19B. Recovery of monies due to the Commission as arrears of land-revenue. 20. Budget. 21. Borrowing of money. 22. Transfer of liabilities and obligations to the Commission. 23. Accounts and audit. 24. Returns and reports. 24A. Exemption from liability to pay income-tax. CHAPTER V MISCELLANEOUS 25. Dissolution of the Commission. 26. Power to make rules. 27. Power to make regulations. 28. Rules and Regulations to be laid before Parliament. THE SCHEDULE. 2 ----- # THE KHADI AND VILLAGE INDUSTRIES COMMISSION ACT, 1956* ACT NO. 61 OF 1956 [25th September, 1956.] # An Act to provide for the establishment of a Commission for the development of Khadi and Village Industries and for matters connected therewith. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and extent.—(1) This Act may be called The Khadi and Village Industries Commission** Act, 1956. (2) It extends to the whole of India except the State of Jammu and Kashmir*. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “the Board” means the Board constituted under [1][section 10]; (b) “chairman” means the chairman of the Commission; (c) “Commission” means the Khadi and Village Industries Commission established under section 4; 2[(cc) “fixed capital investment” includes investment in plant and machinery and land and building of an industry;] (d) “khadi” means any cloth woven on handlooms in India from cotton, silk or woolen yarn handspun in India or from a mixture of any two or all of such yarns; (e) “member” means a member of the Commission [3][and includes the chairman [4]***]; (f) “prescribed” means prescribed by rules made under this Act; 5[(ff) “rural area” means the area comprised in any village, and includes the area comprised in any town, the population of which does not exceed [6][twenty thousand] or such other figure as the Central Government may specify from time to time;] 7* * * * * 8* * * * * 9[(h) “village industry” means,— (i) any industry located in a rural area which produces any goods or renders any service with or without the use of power and in which the fixed capital investment per head of an artisan or a worker does not exceed [10][one lakh rupees] or such other sum as may, by notification in the Official Gazette, be specified from time to time by the Central Government: 1. Subs. by Act 36 of 1957, s. 3 and the Second Schedule, for “section 9” (w.e.f. 17-9-1957). 2. Ins. by Act 12 of 1987, s. 2 (w.e.f. 24-7-1987). 3. Subs. by Act 32 of 1961, s. 2, for “and includes the chairman” (w.e.f. 28-8-1961). 4. The words “and the vice-chairman” omitted by Act 12 of 1987, s. 2 (w.e.f. 24-7-1987). 5. Ins. by s. 2, ibid. (w.e.f. 24-7-1987). 6. Subs. by Act 10 of 2006, s. 2, for “ten thousand” (w.e.f. 15-5-2006). 7. Omitted by Act 12 of 1987, s. 2 (w.e.f. 24-7-1987). 8. Omitted by s. 2, ibid. (w.e.f. 24-7-1987). 9. Subs. by s. 2, ibid., for clause (h) (w.e.f. 24-7-1987). 10. Subs. by Act 10 of 2006, s. 2, for “fifteen thousand rupees” (w.e.f. 15-5-2006). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 3 ----- Provided that any industry specified in the schedule and located in an area other than a rural area and recognised as a village industry at any time before the commencement of the Khadi and Village Industries Commission (Amendment) Act, 1987 (12 of 1987), shall, notwithstanding anything contained in this sub-clause, continue to be a village industry under this Act: 1[Provided further that in the case of any industry located in a hilly area, the provisions of this sub-clause shall have effect as if for the words “one lakh rupees”, the words “one lakh and fifty thousand rupees” steal.] (ii) any other non-manufacturing unit established for the sole purpose of promoting, maintaining, assisting, servicing (including mother units) or managing any village industry;] **3.** [Power to add to the Schedule.] _Omitted by Khadi and Village Industries Commission_ (Amendment) Act 1987 (12 of 1987), s. 3 (w.e.f. 24-7-1987). CHAPTER II THE KHADI AND VILLAGE INDUSTRIES COMMISSION **4. Establishment and constitution of the Commission.—(1) With effect from such date as the** Central Government may, by notification in the Official Gazette, fix in this behalf, there shall be established a Commission to be called the Khadi and Village Industries Commission which shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract, and may by the said name sue and be sued. 2[(1A) Save as otherwise provided under this Act and the rules made thereunder, the exercise of all powers and discharge of all functions under this Act, including general superintendence, direction and management of day-to-day affairs of the Commission, shall vest in the Commission.] 3[(2) The Commission shall consist of the following members appointed by the Central Government, namely:— (a) six non-official members [4][having specialised knowledge and not less than ten years of experience of khadi or village industries] and representing such six geographical zones of the country, as may be prescribed; 5[(b) four non-official members of whom each member shall be from the following disciplines, namely:— (i) one member having expert knowledge and experience in Science and Technology; (ii) one member having expert knowledge and experience in Marketing; (iii) one member having expert knowledge and experience in Rural Development; and (iv) one member having expert knowledge and experience in Technical Education and Training.] 6[(ba) the Chairman of the State Bank of India constituted under sub-section (1) of section 3 of the State Bank of India Act, 1955 (23 of 1955) or an officer not below the rank of the Deputy Managing Director as may be nominated by the Chairman of the State Bank of India—ex _officio;];_ 7[(c) a Chief Executive Officer, ex officio; and 1. The proviso ins. by Act 10 of 2006, s. 2 (w.e.f. 15-5-2006). 2. Ins. by s. 3, ibid. (w.e.f. 15-5-2006). 3. Subs. by Act 12 of 1987, s. 4, for sub-sections (2) and (3) (w.e.f. 24-7-1987). 4. Subs. by Act 10 of 2006, s. 3, for “having specialised knowledge and experience of khadi and village industries” (w.e.f. 15-5-2006). 5. Subs. by s. 3, ibid., for clause (b) (w.e.f. 15-5-2006). 6. Ins. by s. 3, ibid. (w.e.f. 15-5-2006). 7. Subs. by s. 3, ibid., for clauses (c) and (d) (w.e.f. 15-5-2006). 4 ----- (d) a Financial Adviser, who shall also be the Chief Accounts Officer of the Commission, _ex officio.]_ 1* * * * * (3) The Central Government may appoint one of the members appointed under clause (a) of sub-section (2) to be the chairman who shall be a full-time member.] 2[5. Powers and functions of the Chief Executive Officer.—3[(1) Subject to the provisions contained in sub-section (1A) of section 4, the Chief Executive Officer, appointed under clause (c) of sub-section (2) of section 4, shall exercise such powers and discharge such functions in respect of general superintendence over the affairs of the Commission and its day-to-day management, as may be prescribed. (1A) Without prejudice to the powers and functions referred to in sub-section (1), the Chief Executive Officer shall exercise such powers and discharge such functions under the general superintendence, direction and management of the Commission.] (2) The Chief Executive Officer [4][shall, in addition to exercise of the powers and discharge of the functions referred to in sub-section (1), be responsible] for the furnishing of all returns, reports and statements required to be furnished to the Central Government under section 24. (3) It shall be the duty of the Chief Executive Officer to place before the Commission for its consideration and decision any matter of financial import if the Financial Adviser suggests to him in writing that such matter be placed before the Commission. 5[5A. Powers and functions of the Financial Adviser.—The Financial Adviser 6[appointed under clause (d) of sub-section (2) of section 4 shall be in charge of such financial matters of the Commission including its budget, accounts and audit, as may be prescribed] and it shall be the duty of the Financial Adviser to bring to the notice of the Commission through the Chief Executive Officer any matter of financial import, which, in his opinion, requires consideration and decision by the Commission. **6. Disqualifications for membership of the Commission.—A person shall be disqualified for being** appointed as, and for being, a member of the Commission— (a) if he is, or is found to be a lunatic or a person of unsound mind; or (b) if he has been adjudged insolvent; or (c) if he has been convicted of an offence involving moral turpitude; or (d) if he has any financial interest in any subsisting contract made with or in any work being done by the Commission, except as a shareholder (other than a Director), in a company as defined in section 3 of the Companies Act, 1956 (1 of 1956): Provided that where he is a shareholder, he shall disclose to the Central Government, the nature and extent of shares held by him in such a company; or (e) if he has any financial interest in any business undertaking dealing with or any other village industry specified or deemed to be specified in the Schedule to the Act. 7[6A. Removal of Chairman, Member, etc., from the Commission.—The Central Government may, by notification in the Official Gazette, remove from office any member of the Commission who— (a) is or becomes subject to any of the disqualifications mentioned in section 6; or (b) in the opinion of the Central Government has failed or is unable to carry out his duties; or (c) absents himself from three consecutive meetings of the Commission without the leave of the Commission: 1. The proviso omitted by Act 10 of 2006, s. 3 (w.e.f. 15-5-2006). 2. Subs. by Act 12 of 1987, s. 5, for sections 5 and 6 (w.e.f. 24-7-1987). 3. Subs. by Act 10 of 2006, s. 4, for sub-section (1) (w.e.f. 15-5-2006). 4. Subs. by s. 4, ibid., for “shall be responsible” (w.e.f. 15-5-2006). 5. Ins. by s. 5, ibid. (w.e.f. 15-5-2006). 6. Subs. by s. 5, ibid., for certain words (w.e.f. 15-5-2006). 7. Ins. by Act 12 of 1987, s. 6 (w.e.f. 24-7-1987). 5 ----- Provided that before issuing any such notification, the Central Government shall give an opportunity to the member concerned to show cause against such removal.] **7. Resignation of office by member.—Any member may resign his office by giving notice in writing** to the Central Government and, on such resignation being notified in the Official Gazette by that Government, shall be deemed to have vacated his office. **8. Vacancies, etc., not to invalidate acts and proceedings of the Commission.—No act or** proceeding of the Commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof. **9. Temporary association of persons with the Commission for particular purposes.—(1) The** Commission may associate with itself in such manner and for such purposes as may be determined by regulations made under this Act any persons whose assistance or advice it may desire in complying with any of the provisions of this Act. (2) A person associated with it by the Commission under sub-section (1) for any purpose shall have the right to take part in the discussions of the Commission relevant to that purpose, but shall not have the right to vote, and shall not be a member for any other purpose. (3) The Central Government may, by notification in the Official Gazette, depute one or more officers of the Government to attend any meetings of the Commission and to take part in the discussions of the Commission, but such officer or officers shall not have the right to vote. **10. Constitution of the Board.—[1][(1)] For the purpose of assisting the Commission in the discharge** of its functions under this Act, the Central Government may, by notification in the Official Gazette, constitute a Board to be called the Khadi and Village Industries Board and such number of other members as the Central Government may think fit, chosen from among persons who, in the opinion of the Central Government, are qualified as having had experience, and shown capacity, in matters relating to the development of [2][National Khadi and Village Industries Board.] 3[(2) The Board shall, subject to the provisions of sub-section (3), meet at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at meetings as may be prescribed; (3) The Board shall meet at least twice in a year.]. **11. Commission to consult the Board.—The Commission shall ordinarily consult the Board with** respect to the discharge of its functions under this Act. **12. Meetings of the Commission.—(1) The Commission shall meet at such times and places and** shall, subject to the provisions of sub-sections (2) and (3), observe such rules of procedure in regard to transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations made by the Commission under this Act: Provided that the Commission shall meet at least once in every month. 4[(2) The chairman or, in his absence, any member (other than an _ex officio member) chosen by the_ members present from among themselves, shall preside at a meeting of the Commission.] (3) All questions at a meeting of the Commission shall be decided by a majority of the [5][votes of the members (including ex officio members) present] and voting and in the case of an equality of votes, the chairman or, in his absence the person presiding shall have a second or casting vote. 6[12A. Zonal Committee.—(1) The Commission shall constitute for each of the six geographical zones, referred to in clause (a) of sub-section (2) of section 4, a Zonal Committee, which shall consist of the following, namely:— 1. Section 10 renumbered as sub-section (1) thereof, by Act 10 of 2006, s. 6 (w.e.f. 1-10-1984). 2. Subs. by s. 6, ibid., for “Khadi and Village Industries Board” (w.e.f. 15-5-2006). 3. Ins. by s. 6, ibid. (w.e.f. 15-5-2006). 4. Subs. by Act 12 of 1987, s. 6, for sub-section 2 (w.e.f. 24-7-1987). 5. Subs. by Act 10 of 2006, s. 7, for “votes of the members present” (w.e.f. 15-5-2006). 6. Ins. by s. 8, ibid. (w.e.f. 15-5-2006). 6 ----- (a) the non-official member representing the zone, referred to in clause (a) of sub-section (2) of section 4, who shall be the Chairman of the Zonal Committee constituted for respective zones; (b) one representative of each of the State Khadi and Village Industries Boards of the States or, as the case may be, the Government of each State in the zone, to be notified by the Central Government in consultation with the State Government concerned—member; (c) the Zonal Deputy Chief Executive Officer of the Commission, who shall be the convener of the Zonal Committee—member; (d) the State Directors in charge of the Commission’s Directorates for the States in the zone—member; (e) a Zonal or Regional manager of one of the lead banks operating in the zone-member; and (f) one representative of an institution of repute, working for at least ten years in the khadi or village industries sector and having a good record of performance, from each State in the zone, to be notified by the Central Government—member. (2) The Zonal Committee shall meet at such times and places and shall, subject to the provisions of sub-section (3), observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at the meetings) as may be provided by regulations made by the Commission under this Act: Provided that the Committee shall meet at least once in every three months. (3) The Chairman of the Zonal Committee or, in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the Committee. (4) The Zonal Committee shall generally function as a forum for consultation and, accordingly, _inter alia,—_ (a) act as a conduit for the dissemination of information relating to the programmes and schemes of the Commission for the development of khadi and village industries in the zone; (b) monitor, from time to time, the implementation of the programmes and schemes referred to in clause (a); (c) provide feedback to the Commission on the problems and difficulties envisaged and suggestions made by banks, voluntary agencies, artisans and others engaged in the operation of programmes and schemes referred to in clause (a).] 1[13. Term of office and conditions of service of the chairman and other members.—(1) Every member of the Commission, other than an _ex officio member, shall hold office_ [2][at the pleasure of the Central Government which shall not exceed continuous period of five years]: Provided that the chairman shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The terms and conditions of service of the chairman, Chief Executive Officer, Financial Adviser and other members shall be such as may be prescribed.] **14. Officers and servants of the Commission.—[3]* * * * *** 4*** Subject to such rules as may be made by the Central Government in this behalf, the Commission may appoint such other officers and servants as it considers necessary for the efficient performance of its functions: [4]* * * * * 1. Subs. by Act 12 of 1987, s. 7, for section 13 (w.e.f. 24-7-1987). 2. Subs. by Act 10 of 2006, s. 9, for “for a term of five years” (w.e.f. 15-5-2006). 3. Sub-section (1), omitted by Act 12 of 1987, s. 8 (w.e.f. 24-7-1987). 4. The proviso and brackets and figure “(2)” omitted by s. 8, ibid. (w.e.f. 24-7-1987). 7 ----- 8 ----- CHAPTER III FUNCTIONS OF THE COMMISSION 1[15. Functions of the Commission.—(1) Subject to the provisions of this Act, the functions of the Commission shall generally be to [2][plan, promote, facilitate, organise] and assist in the establishment and development of khadi and village industries in the rural area in coordination with other agencies engaged in rural development wherever necessary. (2) In particular, and without prejudice to the generality of the foregoing power, the Commission may take such steps as it may think fit,— (a) to [3][plan and organise, directly or through specified agencies] training of persons employed or desirous of seeking employment in khadi and village industries; (b) to [4][build up, directly or through specified agencies] reserves of raw materials and implements and [5][supply them or arrange supply of the raw materials and implements] to persons engaged or likely to be engaged in production of handspun yarn or khadi or village industries at such rates as the Commission may decide; (c) to encourage and assist in the creation of common service facilities for the processing of raw materials or semi-finished goods and for otherwise facilitating production and marketing of khadi or products of village industries; (d) to promote the sale and marketing of khadi or products of village industries or handicrafts and for this purpose forge links with established marketing agencies wherever necessary and feasible; (e) to encourage and promote research in the technology used in khadi and village industries, including the use of non-conventional energy and electric power with a view to increasing productivity, eliminating drudgery and otherwise enhancing their competitive capacity and to arrange for dissemination of salient results obtained from such research; (f) to undertake directly or through other agencies studies of the problems of khadi or village industries; (g) to [6][provide financial assistance, directly or through specified agencies,] to institutions or persons engaged in the development and operation of khadi or village industries and guide them through supply of designs, prototypes and other technical information for the purpose of producing goods and services for which there is effective demand in the opinion of the Commission; (h) to [7][undertake, directly or through specified agencies, experiments,] or pilot projects which in the opinion of the Commission are necessary for the development of khadi and village industries; (i) to establish and maintain separate organisations for the purpose of carrying out any or all of the above matters; (j) to promote and encourage co-operative efforts among the manufacturers of khadi or persons engaged in village industries; (k) to ensure genuineness and to set up standards of quality and ensure that products of khadi and village industries do conform to the said standards, including issue of certificates or letters of recognition to the concerned persons; and (l) to carry out any other matters incidental to the above.] 1. Subs. by Act 12 of 1987, s. 9, for section 15 (w.e.f. 24-7-1987). 2. Subs. by Act 10 of 2006, s. 10, for “plan, promote, organise” (w.e.f. 15-5-2006). 3. Subs. by s. 10, ibid., for “plan and organise” (w.e.f. 15-5-2006). 4. Subs. by s. 10, ibid., for “build up” (w.e.f. 15-5-2006). 5. Subs. by s. 10, ibid., for “supply them” (w.e.f. 15-5-2006). 6. Subs. by s. 10, ibid., for “provide financial assistance” (w.e.f. 15-5-2006). 7. Subs. by s. 10, ibid., for “undertake experiments” (w.e.f. 15-5-2006). 9 ----- 1[Explanation.—For the purposes of clauses (a), (b), (g) and (h) of sub-section (2), the expression “specified agencies” means the agencies which the Central Government may, by notification in the Official Gazette, specify in this behalf.] **16. Power of Central Government to give directions.—In the discharge of its functions under this** Act, the Commission shall be bound by such directions as the Central Government may give to it. CHAPTER IV FINANCE, ACCOUNTS, AUDIT AND REPORTS **17. Payment to the Commission.—The Central Government may, after due appropriation made by** Parliament by law in this behalf, pay to the Commission in each financial year such sums as may be considered necessary for the performance of the functions of the Commission under this Act. 2[17A. Commission to receive gifts, grants, etc.—The Commission may, for the purpose of development of Khadi, [3][the development of village industries or the development of Khadi and village industries], receive gifts, grants, donations or benefactions from the Government or any other person.] **18. Funds of the Commission.—[4][(1) The Commission shall have stet separate funds to be called the** khadi fund, the village industries fund and the general and miscellaneous fund. (1A) There shall be credited,— (a) to the khadi fund, all sums received by the Commission for the purposes relating to khadi. (b) to the village industries fund, all sums received by the Commission for the purposes relating to village industries and products of handicrafts; (c) to the general and miscellaneous fund, all other sums received by the Commission: Provided that if the amount available in any of the said funds is in excess 6f the requirements of that fund and the amount available in any other of the said funds is insufficient to meet the requirements of that fund, the Commission may, with the previous approval of the Central Government, transfer from the first mentioned fund the excess amount or such part thereof as may be necessary to the other fund. _Explanation.—For the purpose of computing the amount in any of the said funds, the amount_ received under section 17A shall not be taken into account. (1B) The sums credited under sub-section (1),— (a) to the khadi fund, shall be applied for the purposes relating to khadi; (b) to the village industries fund, shall be stet for the purposes relating to village industries and products of handicrafts; (c) to the general and miscellaneous fund, shall be stet for the purposes relating to khadi and village industries and for meeting the salary, allowances and other remuneration of the members, officers and other employees of the Commission and other administrative expenses of the Commission.] (2) Except as otherwise directed by the Central Government, all moneys belonging to such funds shall be deposited in the Reserve Bank of India or with the agents of the Reserve Bank of India, or, where there is neither an office of the Reserve Bank of India nor an agent of the Reserve Bank of India, in a Government Treasury, or be invested in such securities as may be approved by the Central Government. **19. Power of the Commission to spend.—Subject to the provisions of section 20 the Commission** shall have power to spend such sums as it thinks fit on purposes authorised by this Act: 1. The Explanation ins. by Act 10 of 2006, s. 10 (w.e.f. 15-5-2006). 2. Ins. by Act 32 of 1961, s. 9 (w.e.f. 28-8-1961). 3. Subs. by Act 12 of 1987, s. 10, for “or the development of village industries” (w.e.f. 24-7-1987). 4. Subs. by s. 11, ibid., for sub-sections (1), (1A) and (1B) (w.e.f. 1-4-1988). 10 ----- Provided that nothing in this section shall be deemed to prevent the Commission from spending, with the previous approval of the Central Government, such moneys, as it thinks fit on any such purpose outside the territories to which this Act extends. 1[19A. Standing Finance Committees.—(1) There shall be constituted from among the members of the Commission in the prescribed manner, a Standing Finance Committee in respect of each of the 2[three funds] referred to in section 18. 3[Provided that the Chief Executive Officer and Financial Adviser shall be ex officio members of the Standing Finance Committee in respect of each of the three separate funds referred to in sub-section (1) of section 18,]. (2) The Standing Finance Committee shall exercise such of the powers of the Commission under section 19 as are delegated to it by the Commission. **19B. Recovery of monies due to the Commission as arrears of land-revenue.—(1) Any sum** payable to the Commission under any agreement, express or implied, or otherwise howsoever, may be recovered in the same manner as an arrear of land revenue. (2) If any question arises whether a sum is payable to the Commission within the meaning of sub-section (1), it shall be referred to a Tribunal constituted by the Central Government for the purpose which shall, after making such inquiry as it may deem fit and after giving to the person by whom the sum is alleged to be payable an opportunity of being heard, decide the question; and the decision of the Tribunal shall be final and shall not be called in question by any court or other authority. (3) The Tribunal shall consist of one person who is not connected with the Commission or with the person by whom the sum is alleged to be payable. (4) The expenses of the Tribunal shall be borne by the Commission.] **20. Budget.—(1) The Commission shall, by such date in each year as may be prescribed, prepare and** submit to the Central Government for approval [4][three separate budgets] in the prescribed form for the next financial year, to be called the khadi budget [5][, the village industries budget and the general and miscellaneous budget], showing the estimated receipts and expenditure in respect to khadi [6][, village industries and products of handicrafts and khadi and village industries respectively] during that financial year. (2) Subject to the provisions of sub-sections (3) and (4), no sum shall be expended by or on behalf of the Commission unless the expenditure is covered by a specific provision in the budget approved by the Central Government. 7[(3) The Commission may within the respective limits of the khadi budget, the village industries budget and the general and miscellaneous budget, sanction any reappropriation from one head of expenditure to another or from a provision made for one scheme to that in respect of another, but subject to the proviso to sub-section (1) of section 18, in no case shall a reappropriation of fund be made from one budget to any of the other two budgets: Provided that no reappropriation from the head “Loan” to any other head of expenditure and _vice versa in any of the budgets shall be sanctioned by the Commission, except with the previous_ approval of the Central Government.]. (4) The Commission may, within such limits and subject to such conditions as may be prescribed, incur expenditure in excess of the limit provided in the budget approved by the Central Government under any head of expenditure or in connection with any particular scheme, so long as the aggregate amount in [8][the budget] approved by the Central Government is not exceeded. 1. Ins. by Act 32 of 1961, s. 11 (w.e.f. 28-8-1961). 2. Subs. by Act 12 of 1987, s. 12, for “two funds” (w.e.f. 1-4-1988). 3. The proviso ins. by Act 10 of 2006, s. 11 (w.e.f. 15-5-2006). 4. Subs. by Act 12 of 1987, s. 13, for “two separate budgets” (w.e.f. 1-4-1988). 5. Subs. by s. 13, ibid., for “and the village industries budget” (w.e.f. 1-4-1988). 6. Subs. by s. 13, ibid., for “and village industries respectively” (w.e.f. 1-4-1988). 7. Subs. by s. 13, ibid., for sub-section (3) (w.e.f. 1-4-1988). 8. Subs. by s. 13, ibid., for “either budget” (w.e.f. 1-4-1988). 11 ----- **21. Borrowing of money.—Subject to such rules as may be made in this behalf, the Commission** shall have power to borrow on the security of the khadi fund or the village industries fund or any other asset for any purposes for which such funds may be applied. **22. Transfer of liabilities and obligations to the Commission.—All liabilities incurred, by all** contracts entered into with, and all matters and things engaged to be done by, or for, the Central Government in connection with the development of khadi or village industries at any time after the 14th day of January, 1953, and before the commencement of this Act, shall, after such commencement, be deemed to have been incurred by, entered into with, or engaged to be done by, or for, the Commission. **23. Accounts and audit.—(1) The Commission shall maintain proper accounts and other relevant** records and prepare an annual statement of accounts including the profit and loss account and the balance sheet in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India at such intervals as may be prescribed by him. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Commission shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission. (4) The accounts of the Commission as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. **24. Returns and reports.—(1) The Commission shall furnish to the Central Government, at such** time and in such form and manner as may be prescribed or as the Central Government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of khadi and village industries, as the Central Government may, from time to time, require. (2) Without prejudice to the provisions of sub-section (1), the Commission shall, as soon as possible after the end of each financial year submit to the Central Government a report, in such form and before such date as may be prescribed, giving a true and full account of its activities, policy and programme during the previous financial year. (3) A copy of the report received under sub-section (2) shall be laid before each House of Parliament. 1[24A. Exemption from liability to pay income-tax.—Notwithstanding anything contained in the Income-tax Act, 1961 (43 of 1961), the Commission shall not be liable to pay any income-tax on its income, profits or gains.] CHAPTER V MISCELLANEOUS **25. Dissolution of the Commission.—(1) The Central Government may, by notification in the** Official Gazette, direct that the Commission shall be dissolved from such date as may be specified in the notification and thereupon the Commission shall be deemed to be dissolved accordingly. (2) On and from the said date— (a) all properties and funds which, immediately before the said date, were in the possession of the Commission for the purposes of this Act shall vest in the Central Government; and (b) all members shall vacate their office as members of the Commission. 1. Ins. by Act 29 of 1977, s. 34 (w.e.f. 1-4-1962). 12 ----- 1[(3) Any time after the issue of the notification under sub-section (1), the Central Government may re-establish the Commission in accordance with the provisions of section 4 and on and from the date of the re-establishment of the Commission, the properties and funds which had previously vested in the Central Government under clause (a) of sub-section (2) shall stand vested in the Commission so re-established.]. **26. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules to give effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— 2[(a) the manner of filling casual vacancies among the members of the Commission and the terms and conditions of service of the Chairman, the Chief Executive Officer, the Financial Adviser and other members of the Commission including the salary and allowances to be paid to them and the travelling and daily allowances to be drawn by them when they are on tour;] 3[(aa) the powers to be exercised and functions to be discharged by the Chief Executive Officer under sub-section (1) of section 5; (ab) the financial matters in respect of which the Financial Adviser shall be in charge under section 5A; (ac) the transaction of business at the meetings of the Board under sub-section (2) of section 10;]; (b) [4]***the procedure to be followed in removing a member who is or becomes subject to any disqualification; (c) the term of office and other conditions of service of, the procedure to be followed in the discharge of functions by, and the manner of filling casual vacancies among members of the Board; 5* * * * * 6[(dd) the constitution of the Standing Finance Committees under sub-section (1) of section 19 A; (ddd) the procedure to be followed by the Tribunal in deciding questions referred to it under sub-section (2) of section 19B;] (e) the date by which, and the form in which, the budget shall be prepared and submitted in each year under sub-section (1) of section 20; (f) the procedure to be followed for placing the Commission in possession of funds; (g) the procedure to be followed and the conditions to be observed in borrowing moneys or in granting loans; (h) the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the Commission; (i) the form and manner in which the accounts of the Commission shall be maintained under sub-section (1) of section 23; (j) the form and manner in which the returns, reports or statements shall be submitted under section 23; and (k) any other matter which has to be, or may be, prescribed. 7* * * * * 1. Ins. by Act 10 of 2006, s. 12 (w.e.f. 15-5-2006). 2. Subs. by Act 12 of 1987, s. 14, for clause (a) (w.e.f. 24-7-1987). 3. Ins. by Act 10 of 2006, s. 13 (w.e.f. 15-5-2006). 4. The words “the disqualifications for membership of the Commission and” omitted by Act 12 of 1987, s. 14 (w.e.f. 24-7-1987). 5. Omitted by s. 14, ibid. (w.e.f. 24-7-1987). 6. Ins. by Act 32 of 1961, s. 13 (w.e.f. 28-8-1961). 7. Omitted by Act 12 of 1987, s. 14 (w.e.f. 24-7-1987). 13 ----- **27. Power to make regulations.—(1) The Commission may, with the previous sanction of the** Central Government, by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder, for enabling it to discharge its functions under this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the terms and conditions of appointment and service and the scales of pay of officers and servants of the Commission, other than [1][the Chief Executive Officer] and the Financial Adviser to the Commission, including payment of travelling and daily allowances in respect of journeys undertaken by such officers and servants for the purpose of this Act; (b) the time and place of meetings of the Commission, the procedure to be followed in regard to transaction of business at such meetings and the quorum necessary for the transaction of such business at a meeting; 2[(ba) the transaction of business at the meetings of the Zonal Committee under sub-section (2) of section 12A;]; 3[(bb) the summoning and holding of meetings, and the conduct of business of a Standing Finance Committee]; (c) the delegation of powers and duties to [4]*** or any employee of the Commission; (d) the maintenance of minutes of meetings of the Commission and of the Board and the transmission of copies thereof to the Central Government; (e) the persons by whom, and the manner in which, payments deposits and investments may be made on behalf of the Commission; (f) the custody of moneys required for the current expenditure of the Commission and investment of moneys not so required; (g) the maintenance of accounts; and (h) the form in which certificates of genuineness of khadi and products of village industries may be granted by the Commission [5][and the fees chargeable in respect thereof.] 6[(2A) The power to make regulations under this section with respect to the terms and conditions of service and the scales of pay and pension to be paid to the employees of the Commission shall include the power to give retrospective effect from a date not earlier than the commencement of this Act, to such regulations or any of them but no retrospective effect shall be given to any such regulation so as to prejudicially affect the interest of any person to whom such regulation may be applicable.] (3) The Central Government may, by notification in the Official Gazette, rescind any regulation which it has sanctioned and thereupon the regulation shall cease to have effect. 7[28. Rules and Regulations to be laid before Parliament.—Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.] 1. Subs. by Act 12 of 1987, s. 15, for clause (a) for “the secretary” (w.e.f. 24-7-1987). 2. Ins. by Act 10 of 2006, s. 14 (w.e.f. 15-5-2006). 3. Ins. by Act 32 of 1961, s. 14 (w.e.f. 28-8-1961). 4. The words “the Chief Executive Officer or” omitted by Act 10 of 2006, s. 14 (w.e.f. 15-5-2006). 5. Added by Act 32 of 1961, s. 14 (w.e.f. 28-8-1961). 6. Ins. by Act 12 of 1987, s. 15 (w.e.f. 24-7-1987). 7. Ins. by s. 16, ibid. (w.e.f. 24-7-1987). 14 ----- THE SCHEDULE 1[See section 2 (h)] 1. Bee-keeping. 2. Cottage match industry, manufacture of Fireworks and Aggravates. 3. Cottage pottery industry. 4. Cottage soap industry. 5. Flaying, curing and tanning of hides and skins and ancillary industries connected with the same and cottage leather industry. 6. Ghani oil industry. 7. Hand-made paper. 8. Manufacture of cane-gur and khandsari. 9. Palm-gur making and other palm-products industry. 2[10. Processing, packaging and marketing of cereals, pulses, spices, condiments, masalas etc.] 3[(i) Manufacture of shellac; (ii) Collection of forest plants and fruits for medicinal purposes; (iii) Fruit-processing and fruit preservation; (iv) Bamboo and cane-work; (v) Blacksmithy; (vi) Carpentry; and (vii) Fibre other than coir.] 4[Manufacture and use of manure and methane gas from cowdung arid other waste products (such as flesh and dead animals, night soil, etc.)] 5[Cottage industry of limestone and its products.] 6[Manufacture of household utensils in aluminium.] 7[Manufacture of gum resins; manufacture of katha.] 8[Lime Stone, Lime Shell and other Lime Products industry.] 9[Manufacture of Lokvastra cloth.] 10[Processing of maize and Ragi.] 11[Manufacture of Rubber Goods (Dipped Latex Products).] 1. Subs. by Act 12 of 1987, s. 17, for “[See sections 2 (h) and 3 (1)]” (w.e.f. 24-7-1987). 2. Substituted by G.S.R. 1101, dated 16-8-1979. 3. Added by S. O. 3232. 4. Added by S.O.1031. 5. Added by S.O.1342. 6. Added by S.O. 3647. 7. Added by S.O.92. 8. Added by G. S. R. 685(E) of 1977. 9. Added by G. S. R. 6 (E). 10. Added by G. S. R. 366. 11. Added by G.S.R. 591 (E)/84. 15 -----

21-Oct-1956

74

The Central Sales Tax Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/2484/1/a1956-74.pdf

central

# THE CENTRAL SALES TAX ACT, 1956 _________ ARRANGEMENT OF SECTIONS _________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II FORMULATION OF PRINCIPLES FOR DETERMINING WHEN A SALE OR PURCHASE OF GOODS TAKES PLACE IN THE COURSE OF INTER-STATE TRADE OR COMMERCE OR OUTSIDE A STATE OR IN THE COURSE OF IMPORT OR EXPORT 3. When is a sale or purchase of goods said to take place in the course of inter-State trade or commerce. 4. When is a sale or purchase of goods said to take place outside a State. 5. When is a sale or purchase of goods said to take place in the course of import or export. CHAPTER III INTER-STATE SALES TAX 6. Liability to tax on inter-State sales. 6A. Burden of proof, etc., in case of transfer of goods claimed otherwise than by way of sale. 7. Registration of dealers. 8. Rates of tax on sales in the course of inter-State trade or commerce. 8A. Determination of turnover. 9. Levy and collection of tax and penalties. 9A. Collection of tax to be only by registered dealers. 9B. Rounding off of tax, etc. 10. Penalties. 10A. Imposition of penalty in lieu of prosecution. 11. Cognizance of offences. 12. Indemnity. 13. Power to make rules. CHAPTER IV GOODS OF SPECIAL IMPORTANCE IN INTER-STATE TRADE OR COMMERCE 14. [Omitted.]. 15. [Omitted.]. _____________________________ ***Subject to verification of confirmation by the Administration Ministry.** 1 ----- CHAPTER V LIABILITY IN SPECIAL CASES SECTIONS 16. Definitions. 17. Company in liquidation. 18. Liability of directors of private company in liquidation. CHAPTER VA APPEALS TO THE HIGHEST APPELLATE AUTHORITY OF THE STATE 18A. Appeals to highest appellate authority of State. CHAPTER VI AUTHORITY TO SETTLE DISPUTES IN COURSE OF INTER -STATE TRADE OR COMMERCE 19. Central Sales Tax Appellate Authority. 19A. Vacancies, etc., not to invalidate proceedings. 20. Appeals. 21. Procedure on receipt of application. 22. Poweres of the Authority. 23. Procedure of Authority. 24. Authority for Advance Rulings to function as Authority under this Act. 25. Transfer of pending proceedings. 26. Applicability of order passed. 2 ----- # THE CENTRAL SALES TAX ACT, 1956 ACT NO. 74 OF 1956[1] [21st December, 1956.] # An Act to formulate principles for determining when a sale or purchase of goods takes place in the course of inter-State trade or commerce or outside a State or in the course of import into or export from India, to provide for the levy, collection and distribution of taxes on sales of goods in the course of inter-State trade or commerce and to declare certain goods to be of special importance in inter-State trade or commerce and specify the restrictions and conditions to which State laws imposing taxes on the sale or purchase of such goods of special importance shall be subject. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title extent and commencement.—(1) This Act may be called the Central Sales Tax Act,** 1956. (2) It extends to the whole of India [2]*** (3) It shall come into force on such date[3] as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appropriate State” means— (i) in relation to a dealer who has one or more places of business situate in the same State, that State; (ii) in relation to a dealer who has [4]*** places of business situate in the different States, every such State with respect to the place or places of business situated within its territory; 5* - - - 6[(aa) “business” includes— (i) any trade, commerce or manufacture, or any adventure or concern in the nature of trade, commerce or manufacture, whether or not such trade, commerce, 1. The Act has been extended to Goa, Daman and Diu (with modifications) by Reg. 12 of 1962, section 3 and Sch., (w.e.f. 21-1 1963) to Kohima and Mokokchung districts of Nagaland (as in force on 5-8-1971) by Act 61 of 1972, section 14 (1) (w.e.f. 30-11-1972). The amendments made to the Act 61 of 1972, came into force in the said districts (w.e.f. 1-4-1973) [vide section 14(2), ibid]: 2. The words “except the State of Jammu and Kashmir” omitted by Act 5 of 1958, s. 2 (w.e.f. 1-10-1958). 3. 5th January, 1957, all sections except section 15, _vide notification No. S.R.O. 78, dated 4th January, 1957, Gazette of India,_ Extra. 1957, Pt. II, Section 3, p.57; and section 15 with effect from 1st October, 1958, vide G.S.R. 897, dated 23rd September, 1958, Gazette of India, Extra. 1958, Pt. II, Section 3 (i), p. 476. 4. The words “one or more” omitted by Act 31 of 1958, s. 2 (w.e.f. 1-10-1958). 5. The Explanation omitted by s. 2, ibid. (w.e.f. 1-10-1958). 6. Ins. by Act 103 of 1976, s. 2 (w.e.f. 7-9-1076). ***Subject to verification of confirmation by the Administration Ministry.** 3 ----- manufacture, adventure or concern is carried on with a motive to make gain or profit and whether or not any gain or profit accrues from such trade, commerce, manufacture, adventure or concern; and (ii) any transaction in connection with or incidental or ancillary to, such trade, commerce, manufacture, adventure or concern; (ab) “crossing the customs frontiers of India” means crossing in the limits of the area of a customs station in which imported goods or export goods are ordinarily kept before clearance by customs authorities. _Explanation.—For the purposes of this clause, “customs station” and “customs authorities” shall_ have the same meanings as in the Customs Act, 1962 (52 of 1962);] 1[(b) “dealer” means any person who carries on (whether regularly or otherwise) the business of buying, selling, supplying or distributing goods, directly or indirectly, for cash or for deferred payment, or for commission remuneration or other valuable consideration, and includes— (i) a local authority, a body corporate, a company, any co-operative society or other society, club, firm, Hindu undivided family or other association of persons which carries on such business; (ii) a factor, broker, commission agent, del credere agent, or any other mercantile agent, by whatever name called, and whether of the same description as hereinbefore mentioned or not, who carries on the business of buying, selling, supplying or distributing, goods belonging to any principal whether disclosed or not; and (iii) an auctioneer who carries on the business of selling or auctioning goods belonging to any principal, whether disclosed or not and whether the offer of the intending purchaser is accepted by him or by the principal or a nominee of the principal. _Explanation_ _1.—Every person who acts as an agent, in any State, of a dealer residing outside_ that State and buys, sells, supplies, or distributes, goods in the State or acts on behalf of such dealer as— (i) a mercantile agent as defined in the Sale of Goods Act, 1930 (3 of 1930), or (ii) an agent for handling of goods or documents of title relating to goods, or (iii) an agent for the collection or the payment of the sale price of goods or as a guarantor for such collection or payment, and every local branch or office in a State of a firm registered outside that State or a company or other body corporate, the principal office or headquarters whereof is outside that State, shall be deemed to be a dealer for the purposes of this Act. _Explanation_ _2.—A Government which, whether or not in the course of business, buy, sells,_ supplies or distributes, goods, directly or otherwise, for cash or for deferred payment or for commission, remuneration or other valuable consideration, shall except in relation to any sale, supply or distribution or surplus, un-serviceable or old stores or materials or waste products or obsolete or discarded machinery or parts or accessories thereof, be deemed to be a dealer for the purposes of this Act;] 2* - - - 1. Subs. by Act 103 of 1976, s. 2, for cl. (b) (w.e.f. 7-9-1976). 2. Clause (c) omitted by Act 18 of 2017, s. 13 (w.e.f. 1-7-2017). 4 ----- 1[(d) “goods” means— (i) petroleum crude; (ii) high speed diesel; (iii) motor spirit (commonly known as petrol); (iv) natural gas; (v) aviation turbine fuel; and (vi) alcoholic liquor for human consumption;] 2[(dd) “place of business” includes— (i) in any case where a dealer carries on business through an agent by (whatever name called), the place of business of such agent; (ii) a warehouse, go down or other place where a dealer stores his goods; and (iii) a place where a dealer keeps his books of account;] (e) “prescribed” means prescribed by rules made under this Act; (f) “registered dealer” means a dealer who is registered under section 7; 3[(g) “sale”, with its grammatical variations and cognate expressions, means any transfer of property in goods by one person to another for cash or deferred payment or for any other valuable consideration, and includes,— (i) a transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration; (ii) a transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract; (iii) a delivery of goods on hire-purchase or any system of payment by installments; (iv) a transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration; (v) a supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration; (vi) a supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service, is for cash, deferred payment or other valuable consideration, but does not include a mortgage or hypothecation of or a charge or pledge on goods;] (h) “sale price” means the amount payable to a dealer as consideration for the sale of any goods, less any sum allowed as cash discount according to the practice normally prevailing in the trade, but inclusive of any sum charged for anything done by the dealer in respect of the goods at the time of or before the delivery thereof other than the cost of freight or delivery or the cost of installation in cases where such cost is separately charged: 1. Subs. by Act 18 of 2017, s. 13, for clause (d) (w.e.f. 1-7-2017). 2. Ins. by Act 31 of 1958, s. 2 (w.e.f. 1-10-1958). 3. Subs. by Act 20 of 2002, s. 150, for clause (g) (w.e.f. 11-5-2002). 5 ----- 1[Provided that in the case of a transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract, the sale price of such goods shall be determined in the prescribed manner by making such deduction from the total consideration for the works contract as may be prescribed and such price shall be deemed to be the sale price for the purposes of this clause.] 2[(i) “sales tax law” means any law for the time being in force in any State or part thereof which provides for the levy of taxes on the sale or purchase of goods generally or on any specified goods expressly mentioned in that behalf, and “general sales tax law” means the law for the time being in force in any State or part thereof which provides for the levy of tax on the sale or purchase of goods generally and includes value added tax law;] (j) “turnover” used in relation to any dealer liable to tax under this Act means the aggregate of the sale prices received and receivable by him in respect of sales of any goods in the course of inter-State trade or commerce made during any prescribed period [3][and determined in accordance with the provisions of this Act and the rules made thereunder]; 4[(ja) “works contract” means a contract for carrying out any work which included assembling, construction, building, altering, manufacturing, processing, fabrication, erection, installation, fitting out, improvement, repair or commissioning of any movable or immovable property;] (k) “year”, in relation to a dealer, means the year applicable in relation to him under the general sales tax law of the appropriate State, and where there is no such year applicable, the financial year. CHAPTER II FORMULATION OF PRINCIPLES FOR DETERMINING WHEN A SALE OR PURCHASE OF GOODS TAKES PLACE IN THE COURSE OF INTER-STATE TRADE OR COMMERCE OR OUTSIDE A STATE OR IN THE COURSE OF IMPORT OR EXPORT **3. When is a sale or purchase of goods said to take place in the course of inter-State trade or** **commerce.—A sale or purchase of goods shall be deemed to take place in the course of inter-State** trade or commerce if the sale or purchase— (a) occasions the movement of goods from one State to another; or (b) is effected by a transfer of documents of title to the goods during their movement from one State to another. _Explanation 1.—Where goods are delivered to a carrier or other bailee for transmission, the_ movement of the goods shall, for the purposes of clause (b), be deemed to commence at the time of such delivery and terminate at the time when delivery is taken from such carrier or bailee. _Explanation 2.—Where the movement of goods commences and terminates in the same State_ it shall not be deemed to be a movement of goods from one State to another by reason merely of the fact that in the course of such movement the goods pass through the territory of any other State. 5[Explanation _3.—Where the gas sold or purchased and transported through a common_ carrier pipeline or any other common transport or distribution system becomes co-mingled and 1. The proviso ins. by Act 18 of 2005, s. 89 (w.e.f. 13-5-2005). 2. Subs. by s. 89, ibid., for clause (i) (w.e.f. 13-5-2005). 3. Subs. by Act 28 of 1969, s. 2, for “and determined in the prescribed manner” (w.e.f. 30-8-1969). 4. Ins. by Act 18 of 2005, s. 89 (w.e.f. 13-5-2005). 5. Ins. by Act 28 of 2016, s. 224 (w.e.f. 14-5-2016). 6 ----- fungible with other gas in the pipeline or system and such gas is introduced into the pipeline or system in one State and is taken out from the pipeline in another State, such sale or purchase of gas shall be deemed to be a movement of goods from one State to another.] **4. When is a sale or purchase of goods said to take place outside a State.—(1) Subject to the** provisions contained in section 3, when a sale or purchase of goods is determined in accordance with sub-section (2) to take place inside a State, such sale or purchase shall be deemed to have taken place outside all other States. (2) A sale or purchase of goods shall be deemed to take place inside a State, if the goods are within the State— (a) in the case of specific or ascertained goods, at the time the contract of sale is made; and (b) in the case of unascertained or future goods, at the time of their appropriation to the contract of sale by the seller or by the buyer, whether assent of the other party is prior or subsequent to such appropriation _Explanation.—Where there is a single contract of sale or purchase of goods situated at more_ places than one, the provisions of this sub-section shall apply as if there were separate contracts in respect of the goods at each of such places. **5. When is a sale or purchase of goods said to take place in the course of import or export.—(1)** A sale or purchase of goods shall be deemed to take place in the course of the export of the goods out of the territory of India only if the sale or purchase either occasions such export or is effected by a transfer of documents of title to the goods after the goods have crossed the customs frontiers of India. (2) A sale or purchase of goods shall be deemed to take place in the course of the import of the goods into the territory of India only if the sale or purchase either occasions such import or is effected by a transfer of documents of title to the goods before the goods have crossed the customs frontiers of India. 1[(3) Notwithstanding anything contained in sub-section (1), the last sale or purchase of any goods preceding the sale or purchase occasioning the export of those goods out of the territory of India shall also be deemed to be in the course of such export, if such last sale or purchase took place after, and was for the purpose of complying with, the agreement or order for or in relation to such export.] 2[(4) The provisions of sub-section (3) shall not apply to any sale or purchase of goods unless the dealer selling the goods furnishes to the prescribed authority in the prescribed manner a declaration duly filled and signed by the exporter to whom the goods are sold in a prescribed form obtained from the prescribed authority. (5) Notwithstanding anything contained in sub-section (1), if any designated Indian carrier purchases Aviation Turbine Fuel for the purposes of its international flight, such purchase shall be deemed to take place in the course of the export of goods out of the territory of India. _Explanation.—For the purposes of this sub-section, “designated Indian carrier” means any carrier_ which the Central Government may, by notification in the Official Gazette, specify in this behalf.] 1. Ins. by Act 103 of 1976, s. 3 (w.e.f. 1-4-1976). 2. Ins. by Act 18 of 2005, s. 90 (w.e.f. 13-5-2005). 7 ----- CHAPTER III INTER-STATE SALES TAX **6. Liability to tax on inter-State sales.—[1][(1)] Subject to the other provisions contained in this Act,** every dealer shall, with effect from such date as the Central Government may, by notification in the Official Gazette, appoint, not being earlier than thirty days from the date of such notification, be liable to pay tax under this Act on all sales [2][of goods other than electrical energy] effected by him in the course of inter- State trade or commerce during any year on and from the date so notified: 3[Provided that a dealer shall not be liable to pay tax under this Act on any sale of goods which, in accordance with the provisions of sub-section (3) of section 5 is a sale in the course of export of those goods out of the territory of India.] 4[(1A) A dealer shall be liable to pay tax under this Act on a sale of any goods effected by him in the course of inter-State trade or commerce notwithstanding that no tax would have been leviable (whether on the seller or the purchaser) under the sales tax law of the appropriate State if that sale had taken place inside that State.] 5[(2) Notwithstanding anything contained in sub-section (1) or sub-section (1A), where a sale of any goods in the course of inter-State trade or commerce has either occasioned the movement of such goods from one State to another or has been effected toy a transfer of documents of title to such goods during their movement from one State to another, any subsequent sale during such movement effected by a transfer of documents of title to such goods to a registered dealer, if the goods are of the description referred to in sub-section (3) of section 8, shall be exempt from tax under this Act: Provided that no such subsequent sale shall be exempt from tax under this sub-section unless the dealer effecting the sale furnishes to the prescribed authority in the prescribed manner and within the prescribed time or within such further time as that authority may, for sufficient cause, permit,— (a) a certificate duly filled and signed by the registered dealer from whom the goods were purchased containing the prescribed particulars in a prescribed form obtained from the prescribed authority; and (b) if the subsequent sale is made to a registered dealer, a declaration referred to in sub-section (4) of section 8: Provided further that it shall not be necessary to furnish the declaration referred to in clause (b) of the preceding proviso in respect of a subsequent sale of goods if,— (a) the sale or purchase of such goods is, under the sales tax law of the appropriate State exempt from tax generally or is subject to tax generally at a rate which is lower than three per cent. or such reduced rate as may be notified by the Central Government, by notification in the Official Gazette, under sub-section (1) of section 8 (whether called a tax or fee or by any other name); and 1. Section 6 re-numbered as sub-section (1) thereof by Act 31 of 1958, s. 3 (w.e.f. 1-10-1958). 2. Ins. by Act 61 of 1972, s. 2 (w.e.f. 1-4-1973). 3. Ins. by Act 103 of 1976, s. 4 (w.e.f. 1-4-1973). 4. Ins. by Act 28 of 1969, s. 3 (w.e.f. 30-8-1969). 5. Subs. by Act 16 of 2007, s. 2, for sub-section (2) (w.e.f. 1-4-2007). 8 ----- (b) the dealer effecting such subsequent sale proves to the satisfaction of the authority referred to in the preceding proviso that such sale is of the nature referred to in this sub-section.] 1[(3) Notwithstanding anything contained in this Act, if— (a) any official or personnel of— (i) any foreign diplomatic mission or consulate in India; or (ii) the United Nations or any other similar international body, entitled to privileges under any convention to which India is a party or under any law for the time being in force; or (b) any consular or diplomatic agent of any mission, the United Nations or other body referred to in sub-clause (i) or sub-clause (ii) of clause (a), purchases any goods for himself or for the purposes of such mission, United Nations or other body, then, the Central Government may, by notification in the Official Gazette, exempt, subject to such conditions as may be specified in the notification, the tax payable on the sale of such goods under this Act.] **2[6A. Burden of proof, etc., in case of transfer of goods claimed otherwise than by way of** **sale.—(1) Where any dealer claims that he is not liable to pay tax under this Act, in respect of any goods,** on the ground that the movement of such goods from one State to another was occasioned by reason of transfer of such goods by him to any other place of his business or to his agent or principal, as the case may be, and not by reason of sale, the burden of proving that the movement of those goods was so occasioned shall be on that dealer and for this purpose he may furnish to the assessing authority, within the prescribed time or within such further time as that authority may, for sufficient cause, permit, a declaration, duly filled and signed by the principal officer of the other place of business, or his agent or principal, as the case may be, containing the prescribed particulars in the prescribed form obtained from the prescribed authority, along with the evidence of dispatch of such goods [3][, and if the dealer fails to furnish such declaration, then, the movement of such goods shall be deemed for all purposes of this Act to have been occasioned as a result of sale]. (2) If the assessing authority is satisfied after making such inquiry as he may deem necessary that the particulars contained in the declaration furnished by a dealer under sub-section (1) [4][are true and that no inter-State sale has been effected, he may, at the time of, or at any time before, the assessment of the tax payable by the dealer under this Act, make an order to that effect and thereupon the movement of goods to which the declaration relates shall, subject to the provisions of sub-section (3),] be deemed for the purpose of this Act to have been occasioned otherwise than as a result of sale. _Explanation.—In this section, “assessing authority”, in relation to dealer, means the authority for the_ time being competent to assess the tax payable by the dealer under this Act.] 5[(3) Nothing contained in sub-section (2) shall preclude reassessment by the assessing authority on the ground of discovery of new facts or revision by a higher authority on the ground that the findings of the assessing authority are contrary to law, and such reassessment or revision may be done in accordance with the provisions of general sales tax law of the State.] 1. Subs. by Act 16 of 2007, s. 2, for sub-section (3) (w.e.f. 1-4-2007). 2. Ins. by Act 61 of 1972, s. 3 (w.e.f. 1-4-1973). 3. Ins. by Act 20 of 2002, s. 151 (w.e.f. 13-05-2002). 4. Subs. by Act 14 of 2010, s. 78, for certain words (w.e.f. 8-5-2010). 5. Ins. by s. 78, ibid. (w.e.f. 8-5-2010). 9 ----- # 7. Registration of dealers.—(1) Every dealer liable to pay tax under this Act shall, within such time as may be prescribed for the purpose, make an application for registration under this Act to such authority in the appropriate State as the Central Government may, by general or special order, specify, and every such application shall contain such particulars as may be prescribed. 1[(2) Any dealer who is liable to pay tax under the sales tax law of the appropriate State or where there is no such law in force in the appropriate State or any part thereof, any dealer having a place of business in that State or part, as the case may be, may, notwithstanding that he is not liable to pay tax under this Act, apply for registration under this Act to the authority referred to in sub-section (1), and every such application shall contain such particulars as may be prescribed. _Explanation.—For the purposes of this sub-section, a dealer shall be deemed to be liable to pay tax_ under the sales tax law of the appropriate state notwithstanding that under such law a sale or purchase made by him is exempt from tax or a refund or rebate of tax is admissible in respect thereof.] 2[(2A) Where is appears necessary to the authority to whom an application is made under sub-section (1) or sub-section (2) so to do for the proper realisation of the tax payable under this Act or for the proper custody and use of the forms referred to in clause (a) of the first proviso to sub-section (2) of section 6 or sub-section (1) of section 6A or [3][sub-section (4) of section 8], he may, by an order in writing and for reasons to be recorded therein, impose as a condition for the issue of a certificate or registration a requirement that the dealer shall furnish in the prescribed manner and within such time as may be specified in the order such security as may be so specified, for all or any of the aforesaid purposes.] (3) If the authority to whom an application under sub-section (1) or sub-section (2) is made is satisfied that the application is in conformity with the provisions of this Act and the rules made thereunder [2][and the condition, if any, imposed under sub-section (2A), has been complied with] he shall register the applicant and grant to him a certificate of registration in the prescribed form which shall specify the class or classes of goods for the purposes of sub-section (1) of section 8. 2[(3A) Where it appears necessary to the authority granting a certificate of registration under this section so to do for the proper realisation of tax payable under this Act or for the proper custody and use of the forms referred to in sub-section (3A), he may, at any time while such certificate is in force, by an order in writing and for reasons to be recorded therein, require the dealer, to whom the certificate has been granted, to furnish within such time as may be specified in the order and in the prescribed manner such security, or, if the dealer has already furnished any security in pursuance of an order under this sub-section or sub-section (2A), such additional security, as may be specified in the order, for all or any of the aforesaid purposes. 4[(3B) No dealer shall be required to furnish any security and sub-section (2A) or any security or additional security under sub-section (3A), unless he has been given an opportunity of being heard. (3BB) The amount of security which a dealer may be required to furnish under sub-section (2A) or sub-section (3A) or the aggregate of the amount of such security and the amount of additional security which may be required to furnish under sub-section (3A), by the authority referred to therein shall not exceed— (a) in the case of a dealer other than a dealer who has made an application, or who has been registered in pursuance of an application, under sub-section (2), a sum equal to the tax payable under 1. Subs. by Act 31 of 1958, s. 4, for sub-section (2) (w.e.f. 1-10-1958). 2. Ins. by Act 61 of 1972, s. 4 (w.e.f. 1-4-1973). 3. Subs. by Act 16 of 2007, s. 3, for “clause (a) of sub-section (4) of section 8” (w.e.f. 1-4-2007). 4. Subs. by Act 103 of 1976, s. 5, for sub-section (3B) (w.e.f. 7-9-1976). 10 ----- this Act, in accordance with the estimate of such authority, on the turnover of such dealer for the year in which such security or, as the case may be, additional security is required to be furnished; and (b) in the case of a dealer who has made an application, or who has been registered in pursuance of an application, under sub-section (2), a sum equal to the tax leviable under this Act, in accordance with the estimate of such authority on the sales to such dealer in the course of inter-State trade or commerce in the year in which such security or, as the case may be additional security is required to be furnished, had such dealer been not registered under this Act.] (3C) Where the security furnished by a dealer under sub-section (2A) or sub-section (3A) is in the form of a surety bond and the surety becomes insolvent or dies, the dealer shall, within thirty days of the occurrence of any of the aforesaid events, inform the authority granting the certificate of registration and shall within ninety days of such occurrence furnish a fresh surety bond or furnish in the prescribed manner other security for the amount of the bond. (3D) The authority granting the certificate of registration may by order and for good and sufficient cause forfeit the whole or any part of the security furnished by a dealer,— (a) for realising any amount of tax or penalty payable by the dealer; (b) if the dealer is found to have misused any of the forms referred to in sub-section (2A) to have failed to keep them in proper custody: Provided that no order shall be passed under this sub-section without giving the dealer an opportunity of being heard. (3E) Where by reason of an order under sub-section (3D), the security furnished by any dealer is rendered insufficient, he shall make up the deficiency is such manner and within such time as may be prescribed. (3F) The authority issuing the forms referred to in sub-section (2A) may refuse to issue such forms to a dealer who has failed to comply with an order under that sub-section or sub-section (3A), or with the provisions or sub-section (3C) or sub-section (3E), until the dealer has complied with such order or such provisions, as the case may be. (3G) The authority granting a certificate of registration may, on application by the dealer to whom it has been granted, order the refund of any amount or part thereof deposited by the dealer by way of security under this section, if it is not required for the purpose of this Act. (3H) Any person aggrieved by an order passed under sub-section (2A), sub-section (3A), sub-section (3D) or sub-section (3G) may, within thirty days of the service of the order on him, but after furnishing the security, prefer, in such form and manner as may be prescribed, an appeal against such order to such authority (here after in this section referred to as the “appellate authority”) as may be prescribed: Provided that the appellate authority may, for sufficient cause, permit such person to present the appeal,— (a) after the expiry of the said period of thirty days; or (b) without furnishing the whole or any part of such security. 11 ----- (3-I) The procedure to be followed in hearing any appeal under sub-section (3H), and the fees payable in respect of such appeals shall be such as may be prescribed. (3J) The order passed by the appellate authority in any appeal under sub-section (3H) shall be final.] 1[(4) A certificate of registration granted under this section may— (a) either on the application of the dealer to whom it has been granted or, where no such application has been made, after due notice to the dealer, be amended by the authority granting it if he is satisfied that by reason of the registered dealer having changed the name, place or nature of his business or the class or classes of goods in which he carries on business or for any other reason the certificate of registration granted to him requires to be amended; or (b) be cancelled by the authority granting it, where he is satisfied, after due notice to the dealer to whom it has been granted, that he has ceased to carry on business [2][or has ceased to exist or has failed without sufficient cause, to comply with an order under sub-section (3A) or with the provisions of sub-section (3C) or sub-section (3E) or has failed to pay any tax or penalty payable under this Act], or in the case of a dealer registered under sub-section (2) has ceased to be liable to pay tax under the sales tax of the appropriate State or for any other sufficient reason.] (5) A registered dealer may apply in the prescribed manner not later than six months before the end of a year to the authority which granted his certificate of registration for the cancellation of such registration, and the authority shall, unless the dealer is liable to pay tax under this Act, cancel the registration accordingly, and where he does so, the cancellation shall take effect from the end of the year. **8. Rates of tax on sales in the course of inter-State trade or commerce.—[3][** [4][(1) Every dealer, who in the course of inter-State trade or commence, sells to a registered dealer goods of the description referred to in sub-section (3), shall be liable to pay tax under this Act, which shall be three per cent. of his turnover or at the rate applicable to the sale or purchase of such goods inside the appropriate State under the sales tax law of that State, whichever is lower: Provided that the Central Government may, by notification in the Official Gazette, reduce the rate of tax under this sub-section. (2) The tax payable by any dealer on his turnover in so far as the turnover or any part thereof relates to the sale of goods in the course of inter-State trade or commerce not falling within sub-section (1), shall be at the rate applicable to the sale or purchase of such goods inside the appropriate State under the sales tax law of that State. _Explanation.—For the purposes of this sub-section, a dealer shall be deemed to be a dealer liable to_ pay tax under the sales tax law of the appropriate State, notwithstanding that he, in fact, may not be so liable under that law.] 5* - - - # (3) [6][The goods referred to in sub-section (1),—] 7* - - - 1. Subs. by Act 31 of 1958, s. 4, for sub-section (4) (w.e.f. 1-10-1958). 2. Subs. by Act 61 of 1972, s. 4, for “or has ceased to exist” (w.e.f. 1-4-1973). 3. Subs. by Act 31 of 1958, s. 5, for sub-sections (1), (2), (3) and (4) (w.e.f. 1-10-1958). 4. Subs. by Act 16 of 2007, s. 4, for sub-sections (1) and (2) (w.e.f. 1-4-2007). 5. Sub-section (2A) omitted by Act 20 of 2002, s. 150 (w.e.f. 13-5-2002). 6. Subs. by Act 16 of 2007, s. 4, for “The goods referred to in clauses (b) of sub-section (1)” (w.e.f. 1-4-2007). 7. Cl. (a) omitted by Act 8 of 1963, s. 2 (w.e.f. 1-4-1963). 12 ----- 1[(b) are goods of the class or classes specified in the certificate of registration of the registered dealer purchasing the goods as being intended for re-sale by him or subject to any rules made by the Central Government in this behalf, for use by him in the manufacture or processing for sale of goods specified under clause (d) of section 2;] (c) are containers or other materials specified in the certificate of registration of the registered dealer purchasing the goods, being containers or materials intended for being used for the packing of goods for sale; (d) are containers or other materials used for the packing of any goods or classes of goods specified in the certificate of registration referred to in [2]*** clause (b) or for the packing of any containers or other materials specified in the certificate of registration referred to in clause (c). 3[(4) The provisions of sub-section (1) shall not apply to any sale in the course of inter-State trade or commerce unless the dealer selling the goods furnishes to the prescribed authority in the prescribed manner a declaration duly filled and signed by the registered dealer to whom the goods are sold containing the prescribed particulars in a prescribed form obtained from the prescribed authority: Provided that the declaration is furnished within the prescribed time or within such further time as that authority may, for sufficient cause, permit.]] 4[(5) Notwithstanding anything contained in this section, the State Government may, 5[on the fulfillment of the requirements laid down in sub-section (4) by the dealer,] if it is satisfied that it is necessary so to do in the public interest, by notification in the Official Gazette and subject to such conditions as may be specified therein direct,— (a) that no tax under this Act shall be payable by any dealer having his place of business in the State in respect of the sales by him, in the course of inter-State trade or commerce [5][to a registered dealer [6]***], from any such place of business of any such goods or classes of goods as may be specified in the notification, or that the tax on such sales shall be calculated at such lower rates than those specified in sub-section (1) [6]*** as may be mentioned in the notification; (b) that in respect of all sales of goods or sales of such classes of goods as may by specified in the notification, which are made, in the course of inter-State trade or commerce [6][to a registered dealer [6]***], by any dealer having his place of business in the State or by any class of such dealers as may be specified in the notification to any person or to such class of persons as may be specified in the notification, no tax under this Act shall be payable or the tax on such sales shall be calculated at such lower rates than those specified in sub-section (1) or sub-section (2) [6]*** as may be mentioned in the notification.] 7[(6) Notwithstanding anything contained in this section, no tax under this Act shall be payable by any dealer in respect of sale of any goods made by such dealer, in the course of inter-State trade or commerce to a registered dealer for the purpose of setting up, operation, maintenance, manufacture, trading, production, processing, assembling, repairing, reconditioning, re-engineering, packaging or for use as packing material or packing accessories in a unit located in any special economic zone or for development, operation and maintenance of special economic zone by the developer of the special 1. Subs. by Act 13 of 2021, s. 150, for clause (b) (w.e.f. 28-3-2021). 2. The words, brackets and letter “clause (a) or” omitted by Act 8 of 1963, s. 150 (w.e.f. 1-4-1963). 3. Subs. by Act 16 of 2007, s. 4, for sub-section (4) (w.e.f. 1-4-2007). 4. Subs. by Act 61 of 1972, s. 5, for sub-section (5) (w.e.f. 1-4-1973). 5. Ins. by Act 20 of 2002, s. 152 (w.e.f. 13-5-2002). 6. The words “or the Government” omitted by Act 16 of 2007, s. 4 (w.e.f. 1-4-2007). 7. Subs. by Act 23 of 2004, s. 118, for sub-section (6) (w.e.f. 10-09-2004). 13 ----- economic zone, if such registered dealer has been authorised to establish such unit or to develop, operate and maintain such special economic zone by the authority specified by the Central Government in this behalf.] (7) The goods referred to in sub-section (6) shall be the goods of such class or classes of goods as specified in the certificate of registration of the registered dealer referred to in that sub-section. (8) The provisions of sub-sections (6) and (7) shall not apply to any sale of goods made in the course of inter-State trade or commerce unless the dealer selling such goods furnishes to the [1][prescribed authority referred to in sub-section (4) a declaration in the prescribed manner on the prescribed form obtained from the authority specified by the Central Government under sub-section (6)] duly filled in and signed by the registered dealer to whom such goods are sold. _Explanation.--For the purposes of sub-section (6), the expression “special economic zone” has the_ meaning assigned to it in clause (iii) to _Explanation 2 to the proviso to section 3 of the Central Excise_ Act, 1944 (1 of 1944).] **2[8A. Determination of turnover.—(1) In determining the turnover of a dealer for the purposes of** this Act, the following deductions shall be made from the aggregate of the sale prices, namely:— (a) the amount arrived at by applying the following formula— rate of tax x aggregate of sale prices : 100 plus rate of tax Provided that no deduction on the basis of the above formula shall be made if the amount by way of tax collected by a registered dealer, in accordance with the provisions of this Act, has been otherwise deducted from the aggregate of sale prices. _Explanation.—Where the turnover of a dealer is taxable at different rates, the aforesaid formula_ shall be applied separately in respect of each part of the turnover liable to a different rates of tax; (b) the sale price of all goods returned to the dealer by the purchasers of such goods,— (i) within a period of three months from the date of delivery of the goods, in the case of goods returned before the 14th day of May, 1966; (ii) within a period of six months from the date of delivery of the goods, in the case of goods returned on or after the 14th day of May, 1966: Provided that satisfactory evidence of such return of goods and of refund or adjustment in accounts of the sale price thereof is produced before the authority competent to assess or, as the case may be, re-assess the tax payable by the dealer under this Act; and (c) such other deductions as the Central Government may, having regard to the prevalent market conditions, facility of trade and interests of consumers, prescribe. (2) Save as otherwise provided in sub-section (1), in determining the turn over of a dealer for the purposes of this Act, no deduction shall be made from the aggregate of the sale prices.] **3[ 4[9. Levy and collection of tax and penalties.—(1) The tax payable by any dealer under this Act** on sales of goods effected by him in the course of inter-State trade or commerce, whether such sales fall within clause (a) or clause (b) of section 3, shall be levied by the Government of India and the tax so levied shall be collected by that Government in accordance with the provisions of sub-section (2), in the State from which the movement of the goods commenced: 1. Subs. by Act 23 of 2004, s. 118, for certain words (w.e.f. 10-9-2004). 2. Ins. by Act 28 of 1969, s. 5 (retrospectively). 3. Subs. by Act 31 of 1958, s. 6, for the original section 9 (w.e.f. 1-10-1958). 4. Subs. by Act 28 of 1969, s. 6, for section 9 (retrospectively). 14 ----- 1[Provided that, in the case of a sale of goods during their movement from one State of another, being a sale subsequent to the first sale in respect of the same goods and being also a sale which does not fall within sub-section (2) of section 6, the tax shall be levied and collected— (a) where such subsequent sale has been effected by a registered dealer, in the State from which the registered dealer obtained or, as the case may be, could have obtained, the form prescribed for the purpose of [2][sub-section (4) of section 8] in connection with the purchase of such goods, and (b) where such subsequent sale has been effected by an unregistered dealer in the State from which such subsequent sale has been effected.] (2) Subject to the other provisions of this Act and the rules made thereunder, the authorities for the time being empowered to assess, re-assess, collect and enforce payment of any tax under the general sales tax law of the appropriate State shall, on behalf of the Government of India, assess re-assess, collect and enforce payment of tax, including any [3][interest or penalty,] payable by a dealer under this Act as if the tax or [3][interest or penalty] payable by such a dealer under this Act is a tax or [3][interest or penalty] payable under the general sales tax law of the State; and for this purpose they may exercise all or any of the powers they have under the general sales tax law of the State; and the provisions of such law, including provisions relating to returns, provisional assessment, advance payment of tax, registration of the transferee of any business, imposition of the tax liability of a person carrying on business on the transfer of, or successor to, such business, transfer of liability of any firm of Hindu undivided family to pay tax in the event of the dissolution of such firm or partition of such family, recovery of tax from third parties, appeals, reviews, provisions, references, [4][refunds, rebated, penalties,] [3][interest or penalty]] 5[charging or payment of interest,] compounding of offences and treatment of documents furnished by a dealer as confidential, shall apply accordingly: Provided that if in any State or part thereof there is no general sales tax law in force, the Central Government may, be rules made in this behalf make necessary provision for all or any of the matter specified in this sub-section. 5[(2A) All the 6[provisions relating to offences, interest and penalties] (including provisions relating to penalties in lieu of prosecution for an offence or in addition to the penalties or punishment for an offence but excluding the provisions relating to matters provided for in section 10 and 10A) of the general sales tax law of each State shall, with necessary modifications, apply in relation to the assessment, re-assessment, collection and the enforcement of payment of any tax required to be collected under this Act in such State or in relation to any process connected with such assessment, re-assessment, collection or enforcement of payment as if the tax under this Act were a tax under such sales tax law.] 7[(2B) If the tax payable by any dealer under this Act is not paid in time, the dealer shall be liable to pay interest for delayed payment of such tax and all the provisions for delayed payment of such tax and all the provisions relating to due date for payment of tax, rate of interest for delayed payment of tax and assessment and collection of interest for delayed payment of tax, of the general sales tax law of each State, shall apply in relation to due date for payment of tax, rate of interest for delayed payment of tax, and assessment and collection of interest for delayed payment of tax under this Act in such States as if the tax and the interest payable under this Act were a tax and an interest under such sales tax law.] 1. The proviso subs. by Act 103 of 1976, s. 6 (w.e.f. 7-9-1976). 2. Subs. by Act 16 of 2007, s. 5, for “clause (a) of sub-section (4) of section 8” (w.e.f. 1-4-2007). 3. Subs. by Act 10 of 2000, s. 119, for “penalty” (w.e.f. 12-5-2000). 4. Subs. by Act 61 of 1972, s. 6, for “refunds, penalties” (w.e.f. 1-4-1973). 5. Ins. by Act 103 of 1976, s. 6 (retrospectively). 6. Subs. by Act 10 of 2000, s. 119, for “provisions relating to offences and penalties” (w.e.f. 12-5-2000). 7. Ins. by s. 119, ibid. (w.e.f. 12-5-2000). 15 ----- (3) The proceeds in any financial year of any tax, [1][including any interest or penalty] levied and collected under this Act in any State (other than a Union territory) on behalf on the Government of India shall be assigned to the State and shall be retained by it; and the proceeds attributable to Union territories shall form part of the Consolidated Fund of India.] **9A. Collection of tax to be only by registered dealers.—No person who is not a registered dealer** shall collect in respect of any sale by him of goods in the course of Inter-State trade or commerce any amount by way of tax under this Act, and no registered dealer shall make may such collection except in accordance with this Act and the rules made thereunder.] **2[9B. Rounding off of tax, etc.—The amount of tax, penalty, fine or any other sum payable, and the** amount of refund due, under the provisions of this Act shall be rounded off to the nearest rupees and, for the purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise, it shall be ignored: Provided that nothing in this section shall apply for the purpose of collection by a dealer of any amount by way of tax under this Act in respect of any sale by him of goods in the course of inter-State trade or commerce.] # 10. Penalties.—If any person— 3[(a) furnishes a 4*** declaration under sub-section (2) of section 6 or sub-section (1) of section 6A or sub-section (4) [5][sub-section (8)] which he knows, or has reason to believe, to be false; or (aa) fails to get himself registered as required by section 7 or fails to comply with an order under sub-section (3A) or with the requirements of sub-section (3C) or sub-section (3E) of that section;] (b) being a registered dealer, falsely represents when purchasing any class of goods that goods of such class are covered by his certificate of registration; or (c) not being a registered dealer, falsely represents when purchasing goods in the course of inter- State trade or commerce that he is a registered dealer; or (d) after purchasing any goods for any of the purposes specified in [6][clause (b) or clause (c) or clause (d)] of sub- section (3) [5][or sub-section (6)] of section 8 fails, without reasonable excuse, to make use of the goods for any such purpose; (e) has in his possession any form prescribed for the purpose of sub-section (4) 5[or sub-section (8)] of section 8 which has not been obtained by him or by his principal or by his agent in accordance with the provisions of this Act or any rules made there under; 7[(f) collects any amount by way of tax in contravention of the provisions contained in section 9A,] he shall be punishable with simple imprisonment which may extend to six months, or with fine or with both, and when the offence is a continuing offence, with a daily fine which may extend to fifty rupees for every day during which the offence continues. 1. Subs. by Act 10 of 2000, s. 119, for “including any penalty” (w.e.f. 12-5-2000). 2. Ins. by Act 61 of 1972, s. 7 (w.e.f. 1-4-1973). 3. Subs. by s. 8, ibid., for clause (a) (w.e.f. 1-4-1973). 4. The words “certificate or” omitted by Act 16 of 2007, s. 6 (w.e.f. 1-04-2007). 5. Ins. by Act 20 of 2002, s. 153 (w.e.f. 13-05-2002). 6. Subs. by Act 61 of 1972, s. 8, for “clause (b)” (w.e.f. 1-4-1973). 7. Ins. by Act 31 of 1958, s. 7 (w.e.f. 1-10-1958). 16 ----- 1[10A. Imposition of penalty in lieu of prosecution.—2[(1)] If any person purchasing goods is guilty of an offence under clause (b) or clause (c) or clause (d) of section 10, the authority who granted to him or, as the case may be, is competent to grant to him a certificate of registration under this Act may, after giving him a reasonable opportunity of being heard, by order in writing impose upon him by way of penalty a sum not exceeding one-and-a-half times [3][the tax which would have been levied under sub-section (2) of section 8 in respect of the sale to him of the goods, if the sale had been a sale falling within that sub-section]: Provided that no prosecution for an offence under section 10 shall be instituted in respect of the same facts on which a penalty has been imposed under this section. 4[(2) The penalty imposed upon any dealer under sub-section (1) shall be collected by the Government of India in the manner provided in sub-section (2) of section 9— (a) in the case of an offence falling under clause (b) or clause (d) of section 10, in the State in which the person purchasing the goods obtained the form prescribed for the purposes of [5][sub-section (4) of section 8] in connection with the purchase of such goods; (b) in the case of an offence falling under clause (c) of section 10, in the State in which the person purchasing the goods should have registered himself if the offence had not been committed.] **11. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under** this Act or the rules made thereunder except with the previous sanction of the Government within the local limits of whose jurisdiction the offence has been committed or of such officer of that Government as it may, by general or special order, specify in this behalf; and no court inferior to that of a presidency magistrate or a magistrate of the first class shall try and such offence. (2) All offences punishable under this Act shall be cognizable and bailable. **12. Indemnity.—No suit, prosecution or other legal proceeding shall lie against any officer of** Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. **13. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules providing for— (a) the manner in which applications for registration may be made under this Act, the particulars to be contained therein, the procedure for the grant of such registration, the circumstances in which registration may be refused and the form in which the certificate of registration may be given; 6[(aa) the manner of determination of the sale price and the deduction from the total consideration for a works contract under the proviso to clause (h) of section 2;] 7[(ab)] the form and the manner for furnishing declaration under sub-section (8) of section 8;] 1. Ins. by Act 31 of 1958, s. 8 (w.e.f. 1-10-1958). 2. Section 10A re-numbered as sub-section (1) thereof by Act 28 of 1969, s. 7 (w.r.e.f. 1-10-1958). 3. Subs. by Act 61 of 1972, s. 9, for certain words (w.e.f. 1-4-1973). 4. Ins. by Act 28 of 1969, section 7 (w.r.e.f. 1-10-1958). 5. Subs. by Act 16 of 2007, s. 5, for "clause (a) of sub-section (4) of section 8" (w.e.f. 1-4-2007). 6. Ins. by Act 18 of 2005, s. 92 (w.e.f. 13-5-2005). 7. Clause (aa) lettered as clause (ab) thereof by s. 92, ibid. (w.e.f. 13-5-2005). 17 ----- (b) the period turnover, the manner in which the turnover in relation to the sale of any goods under this Act shall be determined, and the deductions which may be made [1][under clause (c) of sub-section (1) of section 8A] in the process of such determination; (c) the cases and circumstances in which, and the conditions subject to which, any registration granted under this Act may be cancelled; 2[(d) the form in which and the particulars to be contained in the declaration or certificate to be given under this Act [1][the State of origin or such form or certificate and the time within which any such certificate or declaration shall be produced or furnished]; (e) the enumeration of goods or class of goods used in the manufacture or processing of goods for sale or in mining or in the generation or distribution of electricity or any other form of power; (f) the matters in respect of which provision may be made under the provision to [3][sub-section (2)] of section 9; (g) the fees payable in respect of applications under this Act.] 4[(h) the proper functioning of the Authority constituted under section 19; (i) the salaries and allowances payable to, and the terms and conditions of service of, the Chairman and Members under sub-section (3) of section 19; (j) any other matter as may be prescribed.] 5[(2) Every rule made by the Central Government under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] (3) The State Government may make rules, not inconsistent with the provisions of this Act and the rules made under sub-section (1), to carry out the purposes of this Act. (4) In particular and without prejudice to the powers conferred by sub-section (3), the State Government may make rules for all or any of the following purposes, namely:— (a) the publication of lists of registered dealers, of the amendments made in such lists from time to time, and the particulars to be contained in such lists; 6[(aa) the manner in which security may be furnished under sub-section (2A) or sub-section (3A) or sub-section (3C) of section 7 and the manner in which and the time within which any deficiency may be made up under sub-section (3E) of that section;] (b) the form and manner in which accounts relating to sales in the course of inter-State trade or commerce shall be kept by registered dealers; 1. Ins. by Act 61 of 1972, s. 10 (w.e.f. 1-4-1973). 2. Subs. by Act 31 of 1958, s. 9, for clause (d) (w.e.f. 1-10-1958). 3. Subs. by Act 28 of 1969, s. 8, for “sub-section (3)” (retrospectively). 4. Ins. by Act 41 of 2001, s. 2 (w.e.f. 17-3-2005). 5. Subs. by Act 61 of 1972, s. 10, for sub-section (2) (w.e.f. 1-4-1973). 6. Ins. by s. 10, ibid. (w.e.f. 1-4-1973). 18 ----- (c) the furnishing of any information relating to the stocks of goods of, purchases, sales and deliveries of books by, any dealer or any other information relating to his business as may be necessary for the purposes of this Act; (d) the inspection of any books, accounts or documents required to be kept under this Act, the entry into any premises at all reasonable times for the purposes of searching for any such books, accounts or documents kept or suspected to be kept in such premises and the seizure of such books, accounts or documents; 1[(e) the authority from whom, the conditions subject to which and fees subject to payment of which any form of certificate prescribed under clause (a) of the first proviso to sub-section (2) of section 6 or of declaration prescribed under sub-section (1) of section 6A or sub-section (4) of section 8 may be obtained, the manner in which such forms shall be kept in custody and records relating thereto maintained and the manner in which any such form may be used and any such certificate or declaration may be furnished; (ee) the form and manner in which, and the authority to whom, an appeal may be preferred under sub-section (3H) of section 7, the procedure to be followed in hearing such appeals and the fees payable in respect of such appeals;] (f) in the case of an undivided Hindu Family, association, club, society, firm or company or in the case of a person who carries on business as a guardian or trustee or otherwise on behalf of another person, the furnishing of a declaration stating the name of the person who shall be deemed to be the manager in relation to the business of the dealer in the State and the form in which such declaration may be given; (g) the time within which, the manner in which and [2][the authorities to whom] any change in the ownership of any business or in [3][the name, place or nature] of any business carried on by any dealer shall be furnished. (5) In making any rule under this section [4][the Central Government or, as the case may be, the State Government] may direct that a breach thereof shall be punishable with fine which may extend to five hundred rupees and when the offence is a continuing offence, with a daily fine which may extend to fifty rupees for every day during which the offence continues. CHAPTER IV GOODS OF SPECIAL IMPORTANCE IN INTER-STATE TRADE OR COMMERCE **14. [Certain goods to be of special importance in inter-State trade or commerce.]** _Omitted by the_ _Taxation Laws (Amendment) Act, 2017 (18 of 2017), s. 14 (w.e.f. 1-7-2017)._ **15. [Restrictions and conditions in regard to tax on sales or purchases of declared goods.] Omitted by** _s. 15, ibid. (w.e.f. 1-7-2017)._ 5[CHAPTER V LIABILITY IN SPECIAL CASES **16. Definitions.—In this Chapter,—** (a) “appropriate authority”, in relation to a company, means the authority competent to assess tax on the company; 1. Subs. by Act 61 of 1972, s.10, for clause (e) (w.e.f. 1-4-1973). 2. Subs. by Act 31 of 1958, s. 9, for “the authorities to which” ( w.e.f. 1-10-1958). 3. Subs. by Act 31 of 1953, s. 9, for “the nature” (w.e.f. 1-10-1958). 4. Subs. by Act 61 of 1972, s.10, for “the State Government” (w.e.f. 1-4-1973). 5. Ins. by s. 13, ibid. (w.e.f 1-4-1973). 19 ----- (b) “company” and “private company” have the meanings respectively assigned to them by clauses (i) and (iii) of sub-section (1) of section 3 of the Companies Act, 1956 (1 of 1956). **17. Company in liquidation.—(1) Every person—** (a) who is the liquidator of any company which is being wound up, whether under the orders of a court or otherwise; or (b) who has been appointed the receiver of any assets of a company, hereinafter referred to as the liquidator shall, within thirty days after he has become such liquidator, give notice of his appointment as such to the appropriate authority. (2) The appropriate authority shall, after making such inquiry of calling for such information as it may deem fit, notify to the liquidator within three months form the date on which he receives notice of the appointment of the liquidator the amount which, in the opinion of the appropriate authority would be sufficient to provide for any tax which is then, or is likely thereafter to become, payable by the company. (3) The liquidator shall not part with any of the assets of the company or the properties in his hands until he has been notified by the appropriate authority under sub-section (2) and no being so notified, shall set aside an amount equal to the amount notified and, until he so sets aside such amount, shall not part with any of the assets of the company or the properties in his hands: Provided that nothing contained in this sub-section shall debar the liquidator from parting with such assets or properties in compliance with any order of a court or for the purpose of the payment of the tax payable by the company under this Act or for making any payment to secured creditors whose debts are entitled under law to priority of payment over debts due to Government on the date of liquidation or for meeting such costs and expenses of the winding up of the company as are in the opinion of the appropriate authority reasonable. (4) If the liquidator fails to give the notice in accordance with sub-section (1) or fails or set aside the amount as required by, or parts with any of the assets of the company or the properties in his hands in contravention of the provisions of sub-section (3), he shall be personally liable for the payment of the tax which the company would be liable to pay: Provided that if the amount of any tax payable by the company is notified under sub-section (2), the personal liability of the liquidator under this sub-section shall be to the extent of such amount. (5) Where there are more liquidators than one, the obligations and liabilities attached to the liquidator under this section shall attach to all the liquidators jointly and severally. (6) The provisions of this section shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force. **18. Liability of directors of private company in liquidation.—Notwithstanding anything contained** in the Companies Act, 1956 (1 of 1956), when any private company is wound up after the commencement of this Act, and any tax assessed on the company under this Act for any period, whether before or in the course of or after its liquidation, cannot be recovered, then, every person who was a director of the private company at any time during the period for which the tax is due shall be jointly and severally liable for the payment of such tax unless he proves that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of company.] 20 ----- 1[CHAPTER VA APPEALS TO THE HIGHEST APPELLATE AUTHORITY OF THE STATE **18A. Appeals to highest appellate authority of State.—(1) Notwithstanding anything contained in a** State Act, any person aggrieved by an order made by the assessing authority under sub-section (2) of section 6A, or an order made under the provisions of sub-section (3) of that section, may, notwithstanding anything contained in the general sales tax law of the appropriate State, prefer an appeal to the highest appellate authority of the State against such order: Provided that any incidental issues including the rate of tax, computation of assessable turnover and penalty may be raised in such appeal. [(2) An appeal under sub-section (1) shall be filed within sixty days from the date[2] on which the order](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=135517&iActID=1582#f2) referred to in that sub-section is communicated to the aggrieved person: Provided that any appeal forwarded by the highest appellate authority of a State to the first appellate authority under the proviso to sub-section (2) of section 25 and pending before such authority immediately before the appointed day shall be transferred, on such appointed day, to the highest appellate authority of the State and the same shall be treated as an appeal filed under sub-section (1) and dealt with accordingly. _Explanation.—For the purposes of this sub-section, “appointed day” means such date as the Central_ Government may, by notification in the Official Gazette, appoint. (3) The highest appellate authority of a State may, after giving both the parties an opportunity of being heard, pass appropriate order. (4) The highest appellate authority of the State may, as far as practicable, hear and decide such appeal within a period of six months from the date of filing of the appeal. (5) Notwithstanding anything contained in a State Act, the highest appellate authority of a State may, on the application of the appellant and after considering relevant facts, including the deposit of any amount towards local or central sales tax in other States on the same goods, pass an order of stay subject to such terms and conditions as it thinks fit, and such order may, inter alia, indicate the portion of tax as assessed, to be deposited prior to admission of the appeal. _Explanation.—For the purposes of this section and sections 20, 21, 22 and 25, “highest appellate_ authority of a State”, with its grammatical variations, means any authority or tribunal or court, except the High Court, established or constituted under the general sales tax law of a State, by whatever name called.] 2[CHAPTER VI AUTHORITY TO SETTLE DISPUTES IN COURSE OF INTER-STATE TRADE OR COMMERCE **19. Central Sales Tax Appellate Authority.—(1) The Central Government constitute, by** notification in the Official Gazette, an Authority to settle inter-State disputes falling under [3][section 6A read with section 9] of this Act, to be known as “the Central Sales Tax Appellate Authority (hereinafter referred to as the Authority”). 1. Ins. by Act 14 of 2010, s. 79 (w.e.f. 1-6-2010). 2. Ins. by Act 41 of 2001, s. 3 (w.e.f. 17-3-2005) 3. Subs. by Act 23 of 2004, s. 119, for “section 6A or section 9” (w.e.f. 10-9-2004). 21 ----- (2) The Authority shall consist of the following Members appointed by the Central Government, namely:— (a) a Chairman, who is a retired Judge of the Supreme Court, or a retired Chief Justice of a High Court; (b) an officer of the Indian Legal Service who is, or is qualified to be, an Additional Secretary to the Government of India; and (c) an officer of a State Government not below the rank of Secretary or an officer of the Central Government not below the rank of Additional Secretary, who is an expert in sales tax matters. 1[(2A)Notwithstanding anything contained in sub-section (2), the Chairman or a Member holding a post as such in the Authority for Advance Rulings appointed under clause (a) or clause (c), as the case may be, of sub-section (2) of section 245-O of the Income-tax Act,1961 (43 of 1961) may, in addition to his being the Chairman or a Member of that Authority, be appointed as the Chairman or a Member, as the case may be, of the Authority under this Act.] (3) The salaries and allowances payable to, and the terms and conditions of service of, the Chairman and Members shall be such as may be prescribed. (4) The Central Government shall provide the Authority with such officers and staff as may be necessary for the efficient exercise of the powers of the Authority under this Act. **2[19A. Vacancies, etc., not to invalidate proceedings.—No proceeding before the Authority shall be** questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Authority.] **3[20. Appeals.—4[(1) An appeal shall lie to the Authority against any order passed by the highest** appellate authority of a State under this Act determining issues relating to stock transfers or consignments of goods, in so far as they involve a dispute of inter-State nature.] (2) Notwithstanding anything contained in the general sales tax law of a State, the Authority shall adjudicate an appeal filed under sub-section (1). (3) An appeal under sub-section (1) may be filed within ninety days from the date on which the order referred to in that sub-section is served on any aggrieved person: Provided that the Authority may entertain any appeal after the expiry of the said period of ninety days, but not later than one hundred and fifty days from the date of such service, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time: Provided further that the Authority may entertain any appeal from an aggrieved person within sixty days from the commencement of the Central Sales Tax (Amendment) Act, 2005 (3 of 2006), where such aggrieved person had the right to file an appeal against the order of the highest appellate authority of the State under sub-section (1) as it stood immediately before the commencement of the said Act, but has not availed of the right to file the appeal during the period commencing on and from the 3rd day of December, 2001 and ending with the 16th day of March, 2005. 1. Ins. by Act 3 of 2006, s. 2 (w.e.f. 1-3-2006). 2. Ins. by s. 3, ibid. (w.e.f. 1-3-2006). 3. Subs. by s. 4, ibid., for section 20 (w.e.f. 1-3-2016). 4. Subs. by Act 14 of 2010, s. 80, for sub-section (1) (w.e.f. 8-5-2010). 22 ----- (4) The application shall be made in quadruplicate and be accompanied by a fee of five thousand rupees.] **21. Procedure on receipt of application.—(1) On receipt of an appeal, the Authority shall cause a** copy thereof to be forwarded to the [1][assessing appellate authority] concerned as well as to each State Government concerned with the appeal and to call upon them to furnish the relevant records: Provided that such records shall, as soon as possible, be returned to the [2][highest authority] or such State Government concerned, as the case may be]. (2) The Authority shall adjudicate and decide upon the appeal filed against an order of the [2][highest authority]. (3) The Authority, after examining the appeal and the records called for, by order, either allow or reject the appeal: 3[Provided that no appeal shall be rejected unless an opportunity has been given to the appellant of being heard in person or through a duly authorised representative, and [4][also to each State Government] concerned with the appeal of being heard.] Provided further that whether an appeal is rejected or accepted, reasons for such rejection or acceptance shall be given in the order. (4) The Authority shall make an endeavour to pronounce its order in writing within six months of the receipt of the appeal. (5) A copy of every order made under sub-section (3) shall be sent to the [5][appellant, assessing authority, respondent and highest appellate authority of the State Government concerned]. **22. Poweres of the Authority.—(1) The Authority shall have the same powers as are vested in a** court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:— (a) enforcing the attendance of any person, examining him on oath or affirmation; (b) compelling the production of accounts and documents; (c) issuing commission for the examination of witnesses; (d) the reception of evidence on affidavits; (e) any other matter which may be prescribed. 6[(1A) The Authority may grant stay of the operation of the order of the highest appellate authority against which the appeal is filed before it or order the [7][deposit] of the tax before entertaining the appeal [and while granting such stay or making such order for the [7][deposit] of the tax, the Authority shall have](https://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=61058&iActID=1582#f2) [regard, if the assessee has made [7][deposit] of the tax under the general sales tax law of the State](https://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=61058&iActID=1582#f2) [concerned, to such [7][deposit] or pass such appropriate order as it may deem fit.]](https://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=61058&iActID=1582#f2) 1. Subs. by Act 32 of 2003, s. 164, for certain words (w.e.f. 14-5-2003). 2. Subs. by Act 3 of 2006, s. 5, for “assessing authority” (w.e.f. 1-3-2006). 3. The proviso subs. by Act 32 of 2003, s.164 (w.e.f. 14-5-2003). 4. Subs. by Act 23 of 2004, s. 119, for “also to the State Government” (w.e.f. 10-9-2004). 5. Subs. by Act 3 of 2006, s. 5, for “appellant and to the assessing authority” (w.e.f. 1-3-2006). 6. Subs. by s. 6, ibid., for sub-section (1A) (w.e.f. 1-3-2006). 7. Subs. by Act 14 of 2010, s. 81, for “pre-deposit” (w.e.f. 8-5-2010). 23 ----- 1[(1B) The Authority may issue direction for refund of tax collected by a State which has been held by the Authority to be not due to that State, or alternatively, direct that State to transfer the refundable amount to the State to which central sales tax is due on the same transaction: Provided that the amount of tax directed to be refunded by a State shall not exceed the amount of central sales tax payable by the appellant on the same transaction.] (2) Every proceeding before the Authority shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 of the Indian Penal Code and the Authority shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). **23. Procedure of Authority.—The Authority shall, subject to the provisions of this Chapter, have** power to regulate its own procedure [2][in all matters, including stay of recovery of any demand] arising out of the exercise of powers under this Act. **24. Authority for Advance Rulings to function as Authority under this Act.—(1)** Notwithstanding anything contained in any other law for the time being in force and in section 19 of this Act, the Authority for Advance Rulings constituted under section 245-O of the Income-tax Act, 1961 (43 of 1961) shall be notified by the Central Government in the Official Gazette, with such modifications as many be necessary, to make its composition in conformity with section 19 of this Act, as the Authority under this Act till such time an Authority is constituted under that section. (2) On and from the date of the constitution of the Authority in accordance with the provisions of section 19 of this Act, the proceedings pending with the Authority for Advance Rulings shall stand transferred to the Authority constituted under that section from the stage at which such proceedings stood before the date of constitution of the said Authority. **3[25. Transfer of pending proceedings.—(1) On and from the commencement of the Central Sales** Tax (Amendment) Act, 2005 (3 of 2006), all appeals (except appeals against orders of the highest appellate authority of the State) pending before the Authority notified under sub-section (1) of section 24 shall stand transferred together with the records thereof to the highest appellate authority of the concerned State. (2) Such highest appellate authority of the State to which such appeal has been transferred under sub-section (1) on receipt of such records shall proceed to deal with such appeal so far as may be in the same manner as in the case of an appeal filed before such highest appellate authority of the State according to the general sales tax law of the appropriate State, from the stage which was reached before such transfer or from any earlier stage or _de novo_ as such highest appellate authority of the State may deem fit: 4* - - - **26. Applicability of order passed.—An order passed by the Authority under this Chapter shall be** binding on [5][each State Government concerned, the assessing authorities] and other authorities created by or under any law relating to general sales tax, in force for the time being in any State [6]***.] _________ 1. Ins. by Act 14 of 2010, s. 81 (w.e.f. 8-5-2010). 2. Subs. by Act 32 of 2003, s. 165, for “in all matters” (w.e.f. 14-5-2003). 3. Subs. by Act 3 of 2006, s. 7, for section 25 (w.e.f. 1-3-2006). 4. Proviso to sub-section (2) omitted by Act 14 of 2010, s. 82 (w.e.f. 8-5-2010). 5. Subs. by Act 23 of 2004, s. 119, for “the assessing authorities” (w.e.f. 10-9-2004). 6. The words “or Union territory” omitted by Act 3 of 2006, s. 8 (w.e.f. 1-3-2006). 24 -----

21-Dec-1956

78

The Hindu Adoptions and Maintenance Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1638/1/AA1956____78.pdf

central

# THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 ____________ # ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and extent. 2. Application of Act. 3. Definitions. 4. Overriding effect of Act. CHAPTER II ADOPTION 5. Adoptions to be regulated by this Chapter. 6. Requisites of a valid adoption. 7. Capacity of a male Hindu to take in adoption. 8. Capacity of a female Hindu to take in adoption. 9. Persons capable of giving in adoption. 10. Persons who may be adopted. 11. Other conditions for a valid adoption. 12. Effects of adoption. 13. Right of adoptive parents to dispose of their properties. 14. Determination of adoptive mother in certain cases. 15. Valid adoption not to be cancelled. 16. Presumption as to registered documents relating to adoptions. 17. Prohibition of certain payments. CHAPTER III MAINTENANCE 18. Maintenance of wife. 19. Maintenance of widowed daughter-in-law. 20. Maintenance of children and aged parents. 21. Dependants defined. 22. Maintenance of dependants. 23. Amount of maintenance. 24. Claimant to maintenance should be a Hindu. 25. Amount of maintenance may be altered on change of circumstances. 26. Debts to have priority. 27. Maintenance when to be a charge. 28. Effect of transfer of property on right to maintenance. 29. [Repealed.]. 30. Savings. 1 ----- # THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 ACT NO. 78 OF 1956[1] [21st December, 1956.] An Act to amend and codify the law relating to adoptions and maintenance among Hindus. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:― CHAPTER I PRELIMINARY **1. Short title and extent.―(1)This Act may be called the Hindu Adoptions and Maintenance** Act, 1956. (2) It extends to the whole of India [2]***. **2. Application of Act.―(1) This Act applies―** (a) to any person, who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or AryaSamaj, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. _Explanation.―The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case_ may be:― (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; [3]* * * 4[(bb) any child, legitimate or illegitimate, who has been abandoned both by his father and mother or whose parentage is not known and who in either case is brought up as a Hindu, Buddhist, Jaina or Sikh; and] (c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion. (2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs. 1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule. This Act has been amended in U.P. Act 57 of 1976. This Act shall, from a date to be notified by the administrator, come into force in Pondicherry, subject to the following modification: In section 2, after sub-section (2), insert:― “(2A) Notwithstanding anything contained in sub-section (1) nothing contained in this Act shall apply to the renoncants of the Union territory of Pondicherry.” 2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 3. The word “and” omitted by Act 45 of 1962, s. 2 (w.e.f. 19-11-1962). 4. Ins. by s. 2, ibid. (w.e.f. 19-11-1962). 2 ----- (3) The expression “Hindu” in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section. **3. Definitions.―In this Act, unless the context otherwise requires,―** (a) the expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy: and Provided further that, in the case of a rule applicable only to a family, it has not been discontinued by the family; (b) “maintenance” includes― (i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment; (ii) in the case of an unmarried daughter, also the reasonable expenses of and incident to her marriage; (c) “minor” means a person who has not completed his or her age of eighteen years. **4.Overriding effect of Act.―Save as otherwise expressly provided in this Act,―** (a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act; (b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act. CHAPTER II ADOPTION **5.Adoptions to be regulated by this Chapter.―(1)No adoption shall be made after the** commencement of this Act by or to a Hindu except in accordance with the provisions contained in this Chapter, and any adoption made in contravention of the said provisions shall be void. (2) An adoption which is void shall neither create any rights in the adoptive family in favour of any person which he or she could not have acquired except by reason of the adoption, nor destroy the rights of any person in the family of his or her birth. **6. Requisites of a valid adoption.―No adoption shall be valid unless—** (i) the person adopting has the capacity, and also the right, to take in adoption; (ii) the person giving in adoption has the capacity to do so; (iii) the person adopted is capable of being taken in adoption; and (iv) the adoption is made in compliance with the other conditions mentioned in this Chapter. **7.Capacity of a male Hindu to take in adoption.―Any male Hindu who is of sound mind and is** not a minor has the capacity to takes on or a daughter in adoption: Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the word or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind. 3 ----- _Explanation.―If a person has more than one wife living at the time of adoption, the consent of all the_ wives is necessary unless the consent of any one of them is unnecessary for any of the reasons specified in the preceding proviso. **1[8.Capacity of a female Hindu to take in adoption.―Any female Hindu who is of sound mind and** is not a minor has the capacity to take a son or daughter in adoption: Provided that, if she has a husband living, she shall not adopt a son or daughter except with the consent of her husband unless the husband has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.] **9.Persons capable of giving in adoption.―(1)No person except the father or mother or the guardian** of a child shall have the capacity to give the child in adoption. 2[(2) Subject to the provisions of sub-section (4), the father or the mother, if alive, shall have equal right to give a son or daughter in adoption: Provided that such right shall not be exercised by either of them save with the consent of the other unless one of them has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.] 3* - - - 4[(4) Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is not known, the guardian of the child may give the child in adoption with the previous permission of the court to any person including the guardian himself.] (5) Before granting permission to a guardian under sub-section (4), the court shall be satisfied that the adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the child and that the applicant for permission has not received or agreed to receive and that no person has made or given or agreed to make or give to the applicant any payment or reward in consideration of the adoption except such as the court may sanction. _Explanation.―For the purposes of this section―_ (i) the expressions “father” and “mother” do not include an adoptive father and an adoptive mother; [5]* * * 6[(ia) “guardian” means a person having the care of the person of a child or of both his person and property and includes― (a) a guardian appointed by the will of the child's father or mother, and (b) a guardian appointed or declared by a court; and] (ii) “court” means the city civil court or a district court within the local limits of whose jurisdiction the child to be adopted ordinarily resides. 1. Subs. by Act 30 of 2010, s. 3, for section 8 (w.e.f. 31-8-2010). 2. Subs. by s. 3, ibid., for sub-section (2) (w.e.f. 31-8-2010). 3. Sub-section (3) omitted by s. 3, ibid. (w.e.f. 31-8-2010). 4. Subs.by Act 45 of 1962, s. 3, for sub-section (4) (w.e.f. 29-11-1962). 5. The word “and” omitted by s. 3, ibid. (w.e.f. 29-11-1962). 6. Ins. by s. 3, ibid.(w.e.f. 29-11-1962). 4 ----- **10. Persons who may be adopted.―No person shall be capable of being taken in adoption unless the** following conditions are fulfilled, namely:― (i) he or she is a Hindu; (ii) he or she has not already been adopted; (iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption; (iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption. **11.Other conditions for a valid adoption.―In every adoption, the following conditions must be** complied with:― (i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu sonson’s son or son’s son’s son (whether by legitimate blood relationship or by adoption) living at the time of adoption; (ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son’s daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption; (iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted; (iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted; (v) the same child may not be adopted simultaneously by two or more persons; (vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth [1][or in the case of an abandoned child or a child whose parentage is not known, from the place or family where it has been brought up] to the family of its adoption: Provided that the performance of dattahomam shall not be essential to the validity of an adoption. **12.Effects of adoption.―An adopted child shall be deemed to be the child of his or her adoptive** father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family: Provided that― (a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth; (b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth; (c) the adopted child shall not divest any person of any estate which vested in him or her before the adoption. 1. Ins. by Act 45 of 1962, s. 4 (w.e.f. 29-11-1962). 5 ----- **13. Right of adoptive parents to dispose of their properties.―Subject to any agreement to the** contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer inter vivos or by will. **14. Determination of adoptive mother in certain cases.―(1)Where aHindu who has a wife living** adopts a child, she shall be deemed to bethe adoptive mother. (2) Where an adoption has been made with the consent of more than one wife, the seniormost in marriage among them shall be deemed to be the adoptive mother and the others to be step-mothers. (3) Where a widower or a bachelor adopts a child, any wife whom he subsequently marries shall be deemed to be the step-mother of the adopted child. (4) Where a window or an unmarried woman adopts a child, any husband whom she marries subsequently shall be deemed to be the step-father of the adopted child. **15. Valid adoption not to be cancelled.―No adoption which has been validly made can be** cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth. **16. Presumption as to registered documents relating to adoption.―Whenever any document** registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved. **STATE AMENDMENT** **Uttar Pradesh** **Amendment of section 16 of Act 78 of 1956.—In the Hindu Adaptation and Maintenance Act, 1956,** section 16 shall be re-numbered as sub-section (1) thereof, and after sub-section (1) as so re-numbered the following sub-section shall be inserted namely:- “(2) In case any adoption made on or after the first day of January, 1977 no Court in Uttar Pradesh shall accept any evidence in proof of the giving and taking of the child in adoption, except a document recording an adoption, made and signed by the person giving and the person taking the child in adoption, and registered under any law for the time being in force; Provided that secondary evidence of such document shall be admissible in the circumstances and the manner laid down in the Indian Evidence Act, 1872 (1 of 1872).”. [Vide Uttar Pradesh Act 57 of 1976, s. 35] **17. Prohibition of certain payments.―(1)No person shall receive or agree to receive any payment** or other reward in consideration of the adoption of any person, and no person shall make or give or agree to make or give to any other person any payment or reward the receipt of which is prohibited by this section. (2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment which may extend to six months, or with fine, or with both. (3) No prosecution under this section shall be instituted without the previous sanction of the State Government or an officer authorised by the State Government in this behalf. CHAPTER III MAINTENANCE **18. Maintenance of wife.―(1)Subject to the provisions of this section, a Hindu wife, whether** married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time. (2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance,― 6 ----- (a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of wilfully neglecting her; (b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband; 1* - - - (d) if he has any other wife living; (e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere; (f) if he has ceased to be a Hindu by conversion to another religion; (g) if there is any other cause justifying her living separately. (3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion. **19. Maintenance of widowed daughter-in-law.―(1) A Hindu wife, whether married before or after** the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law: Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance― (a) from the estate of her husband or her father or mother, or (b) from her son or daughter, if any, or his or her estate. (2) Any obligation under sub-section (1) shall not be enforceable if the father-in-law has not the means to do so from any coparcenary property in his possession out of which the daughter-in- law has not obtained any share, and any such obligation shall cease on the remarriage of the daughter-in-law. **20. Maintenance of children and aged parents.―(1)Subject to the provisions of this section a** Hindu is bound, during his or her life-time, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents. (2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor. (3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property. _Explanation.―In this section “parent “includes a childless step-mother._ **21. Dependants defined.―For the purposes of this Chapter “dependants” mean the following** relatives of the deceased:― (i) his or her father; (ii) his or her mother; (iii) his widow, so long as she does not re-marry; (iv) his or her son or the son of his predeceased son or the son of a predeceased son of his pre-deceased son, so long as he is a minor: provided and to the extent that he is unable to obtain maintenance, in the case of a grandson from his father’s or mother’s estate, and in the case of a great-grandson, from the estate of his father or mother or father’s father or father’s mother; 1. Clause (c) omitted by Act 6 of 2019, s. 6 (w.e.f. 1-3-2019). 7 ----- (v) his or her unmarried daughter, or the unmarried daughter of his predeceased son or the unmarried daughter of a predeceased son of his predeceased son, so long as she remains unmarried:provided and to the extent that she is unable to obtain maintenance, in the case of a granddaughter from her father’s or mother’s estate and in the case of a great-grand-daughter from the estate of her father or mother or father's father or father’s mother; (vi) his widowed daughter: provided and to the extent that she is unable to obtain maintenance― (a) from the estate of her husband; or (b) from her son or daughter if any, or his or her estate; or (c) from her father-in-law or his father or the estate of either of them; (vii) any widow of his son or of a son of his predeceased son, so long as she does not re-marry: provided and to the extent that she is unable to obtain maintenance from her husband’s estate, or from her son or daughter, if any, or his or her estate; or in the case of a grandson’s widow, also from her father-in-law’s estate; (viii) his or her minor illegitimate son, so long as he remains a minor; (ix) his or her illegitimate daughter, so long as she remains unmarried. **22. Maintenance of dependants.―(1) Subject to the provisions of sub-section (2), the heirs of a** deceased Hindu are bound to maintain the dependants of the deceased out of the estate inherited by them from the deceased. (2) Where a dependant has not obtained, by testamentary or intestate succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependant shall be entitled, subject to the provisions of this Act, to maintenance from those who take the estate. (3) The liability of each of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her. (4) Notwithstanding anything contained in sub-section (2) or sub-section (3), no person who is himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part the value of which is, or would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act. **23. Amount of maintenance.―(1) It shall be in the discretion of the court to determine whether** any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so the court shall have due regard to the considerations set out in sub-section (2) or sub-section (3), as the case may be, so far as they are applicable. (2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged on infirm parents under this Act, regard shall be had to― (a) the position and status of the parties; (b) the reasonable wants of the claimant; (c) if the claimant is living separately, whether the claimant is justified in doing so; (d) the value of the claimant’s property and any income derived from such property, or from the claimant's own earnings or from any other source; (e) the number of persons entitled to maintenance under this Act. (3) In determining the amount of maintenance, if any, to be awarded to a dependent under this Act, regard shall be had to― (a) the net value of the estate of the deceased after providing for the payment of his debts; 8 ----- (b) the provision, if any, made under a will of the deceased in respect of the dependant; (c) the degree of relationship between the two; (d) the reasonable wants of the dependant; (e) the past relations between the dependant and the deceased; (f) the value of the property of the dependant and any income derived from such property; or from his or her earnings or from any other source; (g) the number of dependants entitled to maintenance under this Act. **24. Claimant to maintenance should be a Hindu.―No person shall be entitled to claim** maintenance under this Chapter if he or she has ceased to be a Hindu by conversion to another religion. **25. Amount of maintenance may be altered on change of circumstances.―The amount of** maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this Act, may be altered subsequently if there is a material change in the circumstances justifying such alteration. **26. Debts to have priority.―Subject to the provisions contained in section 27 debts of every** description contracted or payable by the deceased shall have priority over the claims of his dependants for maintenance under this Act. **27. Maintenance when to be a charge.―A dependant’s claim for maintenance under this Act shall** not be a charge on the estate of the deceased or any portion thereof, unless one has been created by the will of the deceased, by a decree of court, by agreement between the dependant and the owner of the estate or portion, or otherwise. **28. Effect of transfer of property on right to maintenance.―Where a dependant has a right to** receive maintenance out of an estate and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of the right. CHAPTER IV REPEALS AND SAVINGS **29. [Repeals.]―Rep. by the Repealing and Amending Act,** 1960 (58 of 1960), s. 2 _and the First_ _Schedule (w.e.f. 26-11-1960)._ **30. Savings.―Nothing contained in this Act shall affect any adoption made before the** commencement of this Act, and the validity and effect of any such adoption shall be determined as if this Act had not been passed. 9 -----

22-Dec-1956

80

The Manipur (Village Authorities in Hill Areas) Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1666/1/195680.pdf

central

# THE MANIPUR (VILLAGE AUTHORITIES IN HILL AREAS) ACT, 1956 __________ ARRANGEMENT OF SECTIONS _________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II CONSTITUTION AND FUNCTIONS OF VILLAGE AUTHORITIES 3. Constitution of Village Authorities. 4. Qualifications for membership of Village Authorities. 5. Disqualifications for membership of Village Authorities. 6. Term of office of members of Village Authorities. 7. Election of members of Village Authorities. 8. Power to remove members of Village Authorities. 9. Resignation of members. 10. Filling of causal vacancies. 11. Bar to interference by courts in election matters. 12. Election disputes. 13. Validation of acts and proceedings. 14. Incorporation of Village Authorities. 15. Control of Village Authorities by sub-divisional magistrate. 16. Functions of Village Authorities. 17. Obligation to assist Village Authorities. 18. Power of Chief Commissioner to call for records of Village Authorities, sub-divisional magistrate or Deputy Commissioner. 19. Constitution of village courts. 20. Jurisdiction of village courts in criminal cases. CHAPTER III ADMINISTRATION OF JUSTICE BY VILLAGE AUTHORITIES 21. How cases may be instituted. 22. Power of village courts to dismiss or refuse to entertain complaint. 23. Dismissal of case for default. 24. Proceedings preliminary to trial. 25. Bar to appeal from the order of village courts, but power to order retrial. 26. Power of village courts to impose fine or to award compensation. 27. Power of village to release certain offenders after admonition or on probation of good conduct. 28. Power of village courts to permit compounding of offences. 29. Power to transfer criminal cases. 30. Jurisdiction of village courts in civil cases. 31. Certain suits not to be tried by village courts. 32. Local limits of jurisdiction of village courts. 1 ----- SECTIONS 33. How suits may be instituted. 34. Suits barred by limitation are not triable by village courts. 35. Dismissal of suits for default. 36. Summons to defendants to appear and answer. 37. _Ex parte decision_ 38. No order to be set aside without notice to opposite party. 39. Power of village courts to determine necessary parties. 40. Certain suits not to be tried by village courts. 41. Decision of village courts. 42. Instalments. 43. Decision of village court to be final; but power to order retrial. 44. Death of parties. 45. Fees. 46. Execution of decree. 47. Limitation for execution of decree or order. 48. Procedure before village courts. 49. Persons who are to preside over village courts. 50. Village courts not to try any case or suiting in which the Village authority or any member thereof is interested. 51. Attendance of witnesses. 52. Appearance of parties before village courts. 53. Appearance of women. 54. Realisation of fees, fines, etc. 55. Registers and records. 56. Language of village courts. CHAPTER IV MISCELLANEOUS 57. Power to make rules. 58. Repeal and savings. THE SCHEDULE. 2 ----- # THE MANIPUR (VILLAGE AUTHORITIES IN HILL AREAS) ACT, 1956 ACT NO. 80 OF 1956 [22nd December, 1956.] # An Act to consolidate and amend the law relating to the constitution and functions of Village Authorities in the hill areas of the Union territory of Manipur. BE it enacted by Parliament in the Seventh Year of the Republic of India as follow:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Manipur** (Village Authorities in Hill Areas) Act, 1956. (2) It extends to the whole of the hill areas of the Union territory of Manipur. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Chief Commissioner” means the Chief Commissioner of Manipur; (b) “Deputy Commissioner” means the Deputy Commissioner of Manipur and includes the Additional Deputy commissioner thereof; (c) “heinous offence” means— (i) any of the following offences punishable under the Indian Penal Code (45 of 1860), that is to say, any offence under Chapter VI, rioting, any offence under Chapter XII, murder, culpable homicide not amounting to murder, grievous hurt, kidnapping or abducting in order to subject a person to slavery, buying or disposing of any person as a slave, habitual dealing in slaves, rape, robbery, dacoity, mischief by fire or explosive substance, and house breaking; (ii) any offence punishable under the Indian Arms Act, 1878 (11 of 1878); and includes any attempt, preparation or conspiracy to commit, and abetment of, any of the offences specified in sub-clause (i) or sub-clause (ii); (d) “hill areas” mean such areas in the Hill tracts of the Union territory of Manipur as the Chief Commissioner may, by notification in the Official Gazette, declare to be hill areas; (e) “legal practitioner” includes a pleader, mukhtar or revenue-agent; (f) “prescribed” means prescribed by rules made under this Act. CHAPTER II CONSTITUTION AND FUNCTIONS OF VILLAGE AUTHORITIES **3. Constitution of Village Authorities.—(1) For every village having twenty or more tax-paying houses** there shall be a village Authority consisting of— (a) five members, where the number of tax-paying houses in the village is not less than twenty but is not more than sixty; (b) seven members, where the number of tax-paying houses in the village is more than sixty but is not more than one hundred; (c) ten members, where the number of tax-paying houses in the village is more than one hundred but is not more than one hundred and fifty; 1. 18th April, 1957, vide notification No. S.R.O. 88, dated 7th January, 1957, see Gazette of India, Part II, sec. 3. 3 ----- (d) twelve members, where the number of tax-paying houses in the village is more than one hundred and fifty. (2) The Chief Commissioner may, having regard to the general interests of the people of any village as also to the demand, if any, from the people of that village for an elected Village Authority, declare, by notification in the Official Gazette, that the village shall have an elected Village Authority, and thereupon the members of the Village Authority of that village shall be elected in accordance with the provisions of this Act and the rules made thereunder. (3) Where no declaration under sub-section (2) has been made in relation to any village the members of the Village Authority of that village shall be nominated by the Chief Commissioner. (4) Where there is a Chief Khulakpa in a village, he shall be the ex officio chairman of the Village Authority of that village; and where there is no such Chief or Khulakpa in the village, the chairman of the village Authority of that village shall be elected by the members of the Village Authority from among themselves. **4. Qualifications for membership of Village Authorities.—A person shall not be qualified to be** chosen as a member of a Village Authority unless he— (a) is a citizen of India; (b) is not less than twenty-five years of age; and (c) in the case of membership of an elected Village Authority, is registered in the electoral roll as a voter for the election of a member of the Village Authority. **5. Disqualifications for membership of Village Authorities.—A person shall be disqualified for** being chosen as, and for being, a member of a Village Authority,— (a) if he is a member of any other Village Authority; (b) if he is of unsound mind and stands so declared by a competent authority. **6. Term of office of members of Village Authorities.—The term of office of members of a Village** Authority shall be three years from the date appointed for its first meeting. **7. Election of members of Village Authorities.—The election of members of the Village Authority** of a village shall be on the basis of adult suffrage, that is to say, every person who is a citizen of India and who is ordinarily resident in the village and is not less than twenty-one years of age on such date as may be fixed by rules made under this Act, shall be entitled to be registered as a voter at any such election. _Explanation.—A person shall be deemed to be ordinarily resident in a village if he ordinarily resides_ in that village or owns, or is in possession of, a dwelling house therein. **8. Power to remove members of Village Authorities.—(1) The Deputy Commissioner may remove** any member of a Village Authority from his office— (a) who is convicted of any non-bailable offence; or (b) who refuses to act, or becomes incapable of acting, or is declared to be insolvent; or (c) who has been declared by notification to be disqualified for employment in the public service; or (d) who, without an excuse sufficient in the opinion of the Deputy Commissioner, absents himself from six consecutive meetings of the Village Authority; or (e) who has been guilty of misconduct in the discharge of his duties, or of any disgraceful conduct, if two-thirds of the total number of the members of the Village Authority at a meeting recommend his removal. (2) No person who has been removed from his office under clause (a) or clause (c) of sub-section (1) shall be eligible for re-nomination or re-election except with the previous permission of the Chief Commissioner obtained by such person in the prescribed manner. 4 ----- **9. Resignation of members.—A member of a Village Authority may resign his office by writing** under his hand addressed to the chairman of the Authority but shall continue in office until his resignation has been accepted in a meeting of the Authority. **10. Filling of causal vacancies.—When the office of a member of a Village Authority becomes** vacant by his removal, resignation or death, a new member shall be nominated or elected to fill the vacancy and shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred. **11. Bar to interference by courts in election matters.—No election of a member of a Village** Authority shall be called in question in any court, and no court shall grant an injunction,— (a) to postpone the election of a member of a Village Authority; or (b) to prohibit a person, declared to have been duly elected under this Act, from taking part in the proceedings of a Village Authority of which he has been elected a member; of (c) to prohibit members nominated or elected for a Village Authority from entering upon their duties. **12. Election disputes.—(1) If a dispute arises as to the election of any member of a Village** Authority, the matter shall be referred to the Deputy Commissioner who shall decide the same after giving notice to the parties concerned and after taking such evidence as may be produced. (2) The order of the Deputy Commissioner may, within thirty days from the date thereof, be revised by the Chief Commissioner whose decision shall be final and shall not be questioned in any court. **13. Validation of acts and proceedings.—No Act done or proceedings taken by a Village** Authority under this Act shall be questioned on the ground merely of— (a) the existence of any vacancy in, or any defect in the constitution of, the Village Authority; (b) any defect or irregularity not affecting the merits of the case. **14. Incorporation of Village Authorities.—Every Village Authority shall be a body corporate by the** name of the village for which it is constituted and shall have perpetual succession and a common seal, and shall by the said name sue and be sued, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and do all other things necessary for the purposes of this Act. **15. Control of Village Authorities by sub-divisional magistrate.—Subject to the general** superintendence and control of the Deputy commissioner, the sub-divisional magistrate shall have control over all the Village Authorities within the local limits of his jurisdiction. **16. Functions of Village Authorities.—(1) Every Village Authority constituted under this Act shall,** within the local limits of its jurisdiction, perform the following functions, namely:— (a) it shall, to the best of its ability maintain law and order and for there purpose exercise and perform the powers and duties generally conferred and imposed on the police by or under the Police Act, 1861 (5 of 1861): Provided that a Village Authority shall not be deemed to be a police officer within the meaning of sections 25 and 16 of the Indian Evidence Act, 1872 (1 of 1872), or section 162 of the Code of Criminal Procedure, 1898 (5 of 1898); (b) it shall cause to be arrested without any order from a magistrate and without a warrant— (i) any person who is a vagrant or commits a heinous offence or who has been concerned in any such offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned, (ii) any person against whom a hue and cry has been raised on the ground of his having been concerned in any heinous offence, whether such offence has been or is being committed within its jurisdiction or outside it, 5 ----- (iii) any person for whose arrest a requisition has been received from a police officer; provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made or it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition, (iv) any person designing to commit any heinous offence of which the Village Authority has knowledge, if the commission of offence cannot otherwise be prevented, (v) any person who obstructs the Village Authority in the performance of its functions under this Act or rules made thereunder or a police officer while in the execution of his duty, and (vi) any person who has escaped, or attempts to escape, from lawful custody: Provided that where a Village Authority is unable to arrest an offender it shall forthwith report the matter to the sub-divisional magistrate who shall provide the Village Authority with such assistance as it requires: Provided further that the Village Authority may pursue beyond the local limits of its jurisdiction any person who has committed a heinous offence or is a vagrant or of bad or suspicious character, and arrest such person outside the local limits of its jurisdiction with the consent of the Village Authority within the local limits of whose jurisdiction the person pursued is found; (c) it shall give immediate information to the sub-divisional magistrate of every unnatural, suspicious or sudden death which may occur, and of any heinous offence which may be committed, within the local limits of its jurisdiction and shall keep the sub-divisional magistrate informed of all disputes which are likely to lead to a riot or serious affray; and (d) it shall supply any information which any police officer or the sub-divisional magistrate or the Deputy commissioner may require from it. (2) No person who is arrested under this section shall be detained in custody without being informed, as soon as may be, of the grounds of such arrest. (3) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate. **17. Obligation to assist Village Authorities.—(1) Every person shall be bound to render, to a** Village Authority performing the functions under this Act, all the assistance which he is bound to render to a police officer under section 42 of the Code of Criminal Procedure, 1898 (5 of 1898), and every person who refuses or neglects to comply with any requisition for such assistance shall be punishable with fine may extend to— (a) two hundred rupees, where the sentence passed by a Village court; or (b) five hundred rupees, where the sentence is passed by the court of a sub-divisional magistrate. (2) Against an order passed under sub-section (1) an appeal shall lie— (a) to the court of sub-divisional magistrate, where the order is passed by a village court; (b) to the court of session, where the order is passed by the court of the sub-divisional magistrate, within period of thirty days from the date of such order or within such longer period as the appellate court may allow: Provided that no appeal shall lie in any case in which a village court passes a sentence of fine not exceeding twenty rupees or in any case in which the court of a sub-divisional magistrate passes a sentence of fine not exceeding one hundred rupees. 6 ----- **18. Power of chief Commissioner to call for records of Village Authorities, sub-divisional** **magistrate or Deputy Commissioner.—The Chief Commissioner may at any time call for and examine** the record of any proceeding before a Village Authority, village court, sub-divisional magistrate or Deputy Commissioner under section 17 for the purpose of satisfying himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and after perusing the record set aside, modify or confirm such finding, sentence or order: Provided that where an order has been made by the court of session in an appeal preferred under sub-section (2) of section 17, the Chief Commissioner shall not interfere with such appellate order. CHAPTER III ADMINISTRATION OF JUSTICE BY VILLAGE AUTHORITIES **19. Constitution of village courts.—Whenever a Village Authority has been constituted for any** village, the Chief Commissioner may, by notification in the Official Gazette, appoint any two or more of the members of the Village Authority to be a village court during their term of office as members of the Village Authority. **20. Jurisdiction of village courts in criminal cases.—Notwithstanding anything contained in the** Code of Criminal Procedure, 1898 (5 of 1898), the village court shall have jurisdiction concurrent with that of the criminal court within the local limits of whose jurisdiction the village is situated for the trial of all offences specified in the Schedule. **21. How cases may be instituted.—(1) A case before a village court may be instituted by a** complaint, made orally or in writing, to a member of the village court. (2) If the complaint is made orally, the member shall record the name of the complainant, the name of the person against whom the complaint is made, the nature of the offence and such other particulars, if any, as may be, prescribed, and shall direct the complainant to appear before the village court. **22. Power of village courts to dismiss or refuse to entertain complaint.—(1) If upon the fact of the** complaint, or on examining the complaint, the village court is of opinion that the complaint is frivolous vexatious or untrue, it shall dismiss the case by order in writing. (2) If at any time it appears to the village court— (a) that it has no jurisdiction to cry the case, or (b) that the offence is one for which the sentence which the court is competent to pass would be inadequate, or (c) that the case is one which should not be tried by the court, it shall direct the complainant to the proper court. **23. Dismissal of case for default.—If in any case before a village court the complainant fails to** appear on the day fixed, or if in the opinion of the court he shows negligence in prosecuting his case, the court may dismiss the case for default, and such order of dismissal shall operate as an acquittal. **24. Proceedings preliminary to trial.—(1) If the complaint is not dismissed, the village court shall,** subject to the provisions of section 53, by summons or otherwise require the accused to appear and answer the complaint. (2) If the accused fails to appear or cannot be found, the court shall report the fact to the nearest magistrate, who may issue a warrant for the arrest of the accused and when arrested may forward him for trial to the village court or release him on bail to appear before it. (3) The village court shall, if possible, try the case on the day on which the accused appears or is brought before it; but if that is not possible, the village court shall release him on his executing a bond for a sum not exceeding two hundred rupees to appear before the court on any subsequent day to which the trial may be adjourned. 7 ----- **25. Bar to appeal from the order of village courts, but power to order retrial.—Notwithstanding** anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), there shall be no appeal by a convicted person in any case tried by a village court: Provided that the Deputy Commissioner or the sub-divisional magistrate, if satisfied that a failure of justice has occurred, may, of his own motion or on the application of the parties concerned, cancel or modify any order of conviction or of compensation made by a village court or direct the retrial of any case by a court of competent jurisdiction subordinate to him. **26. Power of village courts to impose fine or to award compensation.—(1) A village court shall** record its decision in writing and may sentence an offender convicted by it to pay a fine not exceeding two hundred rupees or in default to imprisonment for a term not exceeding one month. (2) When a village court imposes a fine under sub-section (1), it may, when passing the order, direct that whole or any part of the fine recovered shall be applied in payment of compensation for any loss or injury caused by the offence. (3) When a person has been sentenced to imprisonment under sub-section (1) in default of payment of fine, if such fine be not paid within ten days of the passing of the sentence or within such further time, if any, as the village court may allow, the court may cause him to be arrested and may commit him to the nearest jail to serve his sentence: Provided that notwithstanding anything contained in the Indian Penal Code (45 of 1860)— (a) the fine imposed by a village court shall not be realised from any person who has served his term of imprisonment under this section; (b) the person serving his term of imprisonment shall be forthwith released, if the fine is paid before the expiry of the term of imprisonment: Provided further that no woman shall be sentenced to imprisonment in default of payment of fine. **27. Power of village courts to release certain offenders after admonition or on probation of** **good conduct.—When any person is convicted by a village court of an offence punishable under section** 26 and no previous conviction is proved against him, if it appears to the said court, regard being had to the age, character and antecedents of the offender and the circumstances in which the offence was committed, that it is expedient— (a) that the offender should be released after due admonition, the village court may instead of sentencing him to any punishment, release him after due admonition; or (b) that the offender should be released on probation of good conduct, the village court may, notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), instead of sentencing him at once to any punishment, direct that he be released on his executing a bond for a sum not exceeding two hundred rupees to appear and receive sentence when called upon during such period not exceeding one year as the village court may direct, and in the meantime to keep the peace and be of good behaviour. **28. Power of village courts to permit compounding of offences.—Notwithstanding anything** contained in the Code of Criminal Procedure, 1898 (5 of 1898), the village court may allow the parties to compound any offence tried by it. **29. Power to transfer criminal cases.—The Deputy Commissioner or the sub-divisional magistrate,** either on application made to him in this behalf, or on his own motion, may transfer any case from one village court to another or to any other court subordinate to him. **30. Jurisdiction of village courts in civil cases.—Notwithstanding anything contained in the Code** of Civil Procedure, 1908 (5 of 1908), or in any other law for the time being in force, but subject to the provisions of section 31 and section 32, the village court and the ordinary civil court, within the local limits of whose jurisdiction the village is situated, shall have concurrent jurisdiction to try the following classes of suits, namely:— (a) suits for money due on contracts; 8 ----- (b) suits for the recovery of movable property or the value of such property; (c) suits for compensation for wrongfully taking or injuring movable property; and (d) suits for damages by cattle trespass; when the value of the suit does not exceed five hundred rupees. **31. Certain suits not to be tried by village courts.—No suit shall lie in any village court—** (a) on a balance of partnership account, (b) for a share or part of a share under an intestacy of for a legacy or part of a legacy under a will, (c) by or against the Government or public officers in their official capacity, (d) by or against minors or persons of unsound mind. (e) for the assessment, enhancement, reduction, abetment, apportionment, or recovery of rent of immovable property. (f) for recovery of immovable property, or (g) for enforcement or redemption of a mortgage of immovable property. **32. Local limits of jurisdiction of village courts.—No suit shall lie in any village court, unless at** least one of the defendants resides within the local limits of its jurisdiction at the time of the institution of the suit, and the cause of action has arisen wholly or in part within those limits. **33. How suits may be instituted.—(1) A suit before a village court may be instituted by a petition** made orally or in writing, and if the petition, is made orally, the court shall record such particulars as may be prescribed. (2) The plaintiff on instituting his suit shall state the value of the claim. **34. Suits barred by limitation are not triable by village courts.—(1) If at any time the village** court is of opinion that the suit is barred by limitation, the court shall, by order in writing, dismiss the suits. (2) If at any time it appears to the village court that it has no jurisdiction to entertain the suit, the court shall direct the plaintiff to the proper court. **35. Dismissal of suits for default.—If in any suit before a village court the plaintiff fails to appear on** the date fixed or if in the opinion of the court he shows negligence in prosecuting his suit, the court may dismiss the suit for default: Provided that a village court may restore a suit dismissed for default, if within thirty days from the date of such dismissal the plaintiff satisfies the court that he was prevented by sufficient cause from appearing on the date fixed. **36. Summons to defendants to appear and answer.—If on receiving the petition the village court is** satisfied that the trial of the suit may be proceeded with, it shall by summons or otherwise require the defendant to appear and answer orally or in writing the claim made in the suit. **37. Ex parte decision.—If the defendant fails to appear and the village court is satisfied that he has** received notice of the date fixed for hearing, the court may decide the suit ex parte: Provided that any defendant against whom a suit has been decided ex parte may, within thirty days from the date of executing any processes for enforcement of the decision, apply orally or in writing, to the village court to set aside the order; and the court, if satisfied, that the defendant did not receive due notice of the date of hearing or was prevented by any sufficient cause from appearing on the date fixed, shall set aside the decision and shall appoint a day for proceeding with the suit. 9 ----- **38. No order to be set aside without notice to opposite party.—No decision or order or a village** court shall be set aside under section 35 or section 37 unless notice in writing has been served by the village court on the opposite party in the prescribed manner. **39. Power of village courts to determine necessary parties.—(1) Subject to the provisions of** clause (c) or clause (d) of section 31 the village court may add as parties to a suit any persons whose presence as parties it considers necessary for the proper decision thereof, and shall enter the names of such parties in the register of suits, and the suit shall be tried as between the parties whose names are entered in the said register: Provided that when any party is added, notice shall be given to him and he shall be given an opportunity of appearing before the trial of the suit is proceeded with. (2) In all cases where a new party appears under the proviso to sub-section (1) during the trial of a suit, he may require that the trial shall begin de novo. **40. Certain suits not to be tried by village courts.—No village court shall proceed with the trial of** any suit in which the matter directly and substantially in dispute is pending for decision in the same court or in any other court in a previously instituted suit between the same parties or between parties under whom they or any of them claim, or has been heard and finally decided in a suit between the same parties, or between parties under whom they or any of them claim. **41. Decision of village courts.—When the parties or their agents have been heard and the evidence** on both sides considered, the village court shall, by written order, pass such decree as may seem just, equitable and according to good conscience, stating in the decree the amounts payable as fees under section 45, and the amount, if any, paid to witnesses under section 51 and the persons by whom such amounts are payable. **42. Instalments.—A village court in ordering the payment of a sum of money or the delivery of any** movable property may direct that the money be paid or the movable property be delivered, by instalments. **43. Decision of village court to be final; but power to order retrial.—The decision of a village** court in any suit shall be final as between the parties to the suits: Provided that the district judge may on application of any party to the suit made within thirty days from the date of the decree of the village court, cancel or modify the decree or order of the village court or direct a retrial of the suit by the same or any other village court or by any other court subordinate to him if he is satisfied that there has been a failure of justice. **44. Death of parties.—If the plaintiff or defendant in any suit dies before the suit has been decided,** the suit may, subject to the provisions of clause (d) of section 31, be proceeded with at the instance of or against the legal representatives of the deceased plaintiff or defendant, as the case may be. **45. Fees.—(1) In all suits instituted in a village court a fee of one anna in the rupee shall be payable** in advance by the plaintiff on the amount of the claim upto fifty rupees, and of half anna for every rupee of the claim above fifty rupees, and such fees shall not be paid to either party. (2) If the claim in the suit is decreed in full, the amount equal to the fee shall be realised from the judgement-debtor together with the amount decreed. (3) If the claim in a suit is decreed in part, an amount equal to a proportionate part of the fee shall be realised from the judgement-debtor together with the amount decreed. (4) Any amount realised under sub-section (2) or sub-section (3) shall be paid to the decree-holder. **46. Execution of decree.—(1) If the village court passing a decree is unable to effect satisfaction** thereof, it shall grant the decree-holder a certificate to that effect stating the amount due to him on account of the decree and the amount due on account of fees under section 45. 10 ----- (2) Any decree-holder wishing to execute a decree of a village court may apply to the court of the munsiff within the local limits of whose jurisdiction the village is situated and shall present with his application a certified copy of the decree of the village court; but no application for execution shall be entertained by the court of the munsiff,— (a) unless the village court has certified that it is a unable to effect satisfaction of the decree, and (b) unless the application is made after the expiry of three months from the date of the decree. (3) In executing a decree of the village court the court of the munsiff shall have the same powers and shall follow the same procedure as if it were executing a decree passed by itself. **47. Limitation for execution of decree or order.—An application for execution of a decree of a** village court made after the expiry of three years from the date of the decree or of any order under section 43 modifying any such decree, shall be dismissed, although limitation has not been pleaded: Provided that where the application is made for execution of a decree or order to enforce payment of a sum of money or delivery of any movable property which the decree or order directs to be made at a certain date, the application may be made within three years from that date. **48. Procedure before village courts.—(1) The provisions of—** (a) the Court Fees Act, 1870 (7 of 1870), (b) the Code of Criminal Procedure, 1898 (5 of 1898), and (c) the Code of Civil Procedure, 1908 (5 of 1908), shall not apply to any trial or any criminal case or civil suit before a village court. (2) The procedure to be followed by a village court in any criminal case or civil suit and in the enforcement of its decisions, sentences, decrees and orders, and in the method of forming a quorum shall be prescribed by rules made under this Act. (3) The Indian Evidence Act, 1872 (1 of 1872) shall not apply in the trial of any case or suit by a village court but the village court shall observe as far as possible the principles underlying that Act. **49. Persons who are to preside over village courts.—(1) The village court shall be presided over by** the chairman of the Village Authority if he is a member of the court. (2) If the chairman of the Village Authority is absent from a sitting of the village suit of if he is not a member of the court shall elect its own President. (3) In the case of difference of opinion among the members of the court the opinion of the majority shall prevail and the decisions and orders of the court shall be expressed in terms of the views of the majority. (4) In the case of an equality of votes the person presiding over the court shall have a second or casting vote. **50. Village courts not to try any case or suiting in which the Village Authority or any member** **thereof is interested.—No village court shall try any criminal case or any civil suit to or in which the** Village Authority or any member thereof is a party or is interested. **51. Attendance of witnesses.—(1) Subject to the provisions of section 53 a village court may by** summons or otherwise send for any person to appear and give evidence or to produce or cause the production of any document. (2) A village court shall refuse to summon a witness or to enforce a summons already issued against a witness, where in the opinion of the court the attendance of the witness cannot be procured without an amount of delay, expense, or inconvenience which under the circumstances of the case would be unreasonable. (3) A village court shall not require any person living at a distance of five miles or more from the seat of the village court to give evidence or produce any document unless such sum of money be paid to him 11 ----- as appears to the court to be sufficient to defray his travelling and other expenses in passing to and from the court and for one day's attendance. (4) If any person whom a village court summons by written order to appear or give evidence or to produce any document before it, fails to obey such summons, such person shall be guilty of an offence and the village court may take cognizance of such offence and may sentence any person convicted thereof to a fine not exceeding twenty-five rupees. **52. Appearance of parties before village courts.—(1) The parties to criminal cases triable by a** village court shall appear personally before the court: Provided that the village court, if it sees reason so to do, may dispense with the personal attendance of the accused and permit him to appear by agent. (2) The parties to civil suits triable by a village court may appear by agent. _Explanation.—In sub-section (1) and sub-section (2), “agent” means a full-time servant or a partner or_ a relative of the party whom the village court may admit as a fit person to represent that party and who is authorised to appear and plead for such party. (3) Notwithstanding anything contained in any law, legal practitioners shall not be permitted to practice before a village court. **53. Appearance of women.—No woman shall, against her will, be compelled to appear in person** before a village court as an accused or as a party or as a witness. **54. Realisation of fees, fines, etc.—All fees and fines imposed, all sums decreed or compensation** awarded and all sums due on bonds under this Act may be realised under orders of the village court in such manner as may be prescribed. **55. Registers and records.—Every village court shall maintain registers and records and submit such** returns as may be prescribed. **56. Language of village courts.—All proceedings before a village court shall be Manipuri.** CHAPTER IV MISCELLANEOUS **57. Power to make rules.—(1) The Chief Commissioner may, by notification in the Official** Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the preparation, revision and final publication of electoral rolls for election of members of a Village Authority and the particulars to be entered in such rolls; (b) the preliminary publication of electoral rolls in the village to which they relate; (c) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred and the authority by whom such claims and objections may be decided; (d) the nomination of candidates, the time and manner of holding elections and the manner in which votes shall be given; (e) any other matter relating to elections to Village Authorities or election disputes arising therefrom; (f) the regulation of the conduct of business of the Village Authorities and the number of members necessary to form a quorum; (g) the registers and records to be maintained and the returns to be submitted by Village Authorities and village courts and the particulars to be entered in such registers, records and returns; 12 ----- (h) the procedure to be followed by a village court in the institution, trial and disposal of criminal cases and civil suits and the number of members necessary to form a quorum of a village court; (i) the issue, service or execution of summons and other processes by village courts and the issue and service of notice by village Authorities; (j) the procedure for the transfer of criminal cases and civil suits from one village court to another village court or to any other court; (k) the procedure for the execution of decrees, orders and sentences of village courts; (l) the fees to be levied by village courts for copies of documents and the procedure to be followed in furnishing such copies; and (m) any other mater which has to be or may be prescribed under this Act. **58. Repeal and savings.—The Manipur State Hill Peoples (Administration) Regulation, 1947, in so** far as it relates to the constitution and functions of village Authorities and the administration of justice, both civil and criminal, by courts of village Authorities, is hereby repealed: Provided that the said repeal shall not affect— (a) the previous operation of the said Regulation, or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Regulation, or (c) any penalty, forfeiture or punishment in respect of any offence committed under the said Regulation, or (d) any investigation, legal proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture of punishment may be imposed as if this Act had not been passed: Provided further that subject to the above provisions, anything done or any action taken (including any appointment or delegation made or any notification, instruction or direction issued or any rule, regulation or form made or framed) under the said Regulation shall in so far as such thing or action is not inconsistent with the provisions of this Act, continue in force, and be deemed to have been done or taken under the corresponding provisions of this Act, unless and until it is superseded by anything done or any action taken under the provisions of this Act. 13 ----- THE SCHEDULE [See section 20] OFFENCES TRIABLE BY A VILLAGE COURT 1. Offences under sections 24, 26 and 27 of the Cattle Trespass Act, 1871 (1 of 1871). 2. Offences under enactments (other than the Indian Penal Code (45 of 1860) and this Act) or any rules and bye-laws made thereunder which are punishable with fine only upto a limit of two hundred rupees. 3. Offences under section 34 of the Police Act, 1861 (5 of 1861). 4. Offences under the following sections of the Indian Penal Code (45 of 1860), namely:— sections 160, 178, 179, 269, 277, 289, 290, 294, 323, 334, 341, 352, 358, 426, 447, 448, 504 and 510; and when the value of the property in the opinion of the village court is not over two hundred rupees, sections 379 and 411. 14 -----

28-Dec-1956

90

The Faridabad Development Corporation Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1729/1/195690.pdf

central

# THE FARIDABAD DEVELOPMENT CORPORATION ACT, 1956 ____________ # ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title. 2. Definitions. CHAPTER II ESTABLISHMENT OF THE CORPORATION 3. Incorporation. 4. Constitution of the Corporation. 5. Term and conditions of service of member. 6. Disqualification for being appointed, or for continuing as, member of the Corporation. 7. Temporary absence of any member. 8. Vacancies amongst members or defect in the constitution not to invalidate acts or proceedings of the Corporation. 9. Committees of the Corporation. 10. Meetings of the Corporation. 11. Authentication of orders and other instruments of the Corporation. 12. Appointment of Administrator and other officer of the Corporation. CHAPTER III POWERS AND FUNCTIONS OF THE CORPORATION 13. General duty of the Corporation. 14. Powers of the Corporation. 15. Capital of the Corporation. 16. Grants and loans to the Corporation. 17. Vesting of property in the Corporation. 18. Repayment of capital and loan with interest. 19. Corporation to have rights and liabilities of the Central Government in certain cases. 20. Fund of the Corporation. 21. Provision for depreciation and reserve and other funds. 22. Power of the Corporation to spend. 23. Budget. 24. Annual report. 25. Accounts and audit. 26. Amount due to the Corporation to be first charge. CHAPTER IV MISCELLANEOUS 27. Direction. 28. Returns and reports. 29. Mode of recovery of moneys due to the Corporation. 1 ----- SECTIONS 30. Delegation of powers. 31. Members and officers of the Corporation to be public servants. 32. Removal of disqualification for membership of Parliament. 33. Bar of legal proceedings. 34. Validation of certain transactions. 35. Power to remove difficulties. 36. Power to make rules. THE SCHEDULE. 2 ----- # THE FARIDABAD DEVELOPMENT CORPORATION ACT, 1956 ACT NO. 90 OF 1956 [28th December, 1956.] # An Act to provide for the establishment and regulation of a trading Corporation for the purpose of carrying on and promoting trade and industry in the town of Faridabad, assisting in the rehabilitation of displaced persons settled therein and for matters connected therewith. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:― CHAPTER I PRELIMINARY **1. Short title.―This Act may be called the Faridabad Development Corporation Act, 1956.** **2. Definitions.―In this Act, unless the context otherwise requires,―** (a) “Corporation” means the Faridabad Development Corporation established under section 3; (b) “displaced person” means any person who, on account of the setting up of the Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances in any area now forming part of Pakistan, has, after the 1st day of March, 1947, left, or been displaced from, his place of residence in such area and who has been subsequently residing in India; (c) “Faridabad” means the new township at Faridabad in the district of Gurgaon in the State of 1[Haryana], the area of which is described in the Schedule; (d) “member” means a member of the Faridabad Development Corporation and includes its Chairman; (e) “prescribed” means prescribed by rules made under this Act. CHAPTER II ESTABLISHMENT OF THE CORPORATION **3. Incorporation.―(1) With effect from such date as the Central Government may, by notification in** the Official Gazette, appoint in this behalf, there shall be established a Corporation by the name of the Faridabad Development Corporation. (2) The said Corporation shall be a body corporate having perpetual succession and a common seal, and shall by the said name sue and to be sued. **4. Constitution of the Corporation.―The Corporation shall consist of a Chairman and such other** members, being not less than four and not more than eight, as the Central Government may, by notification in the Official Gazette, appoint. **5. Term and conditions of service of member.―(1) The term of office and conditions of service of** the Chairman and other members shall be such as may be prescribed. (2) The Chairman or any other member may resign his office by writing under his hand addressed to the Central Government, but he shall continue in office until the appointment of his successor is notified in the Official Gazette. (3) A casual vacancy created by the resignation of the Chairman or any other member under sub-section (2) or for any other reason shall be filled by fresh appointment. **6. Disqualification for being appointed, or for continuing as, member of the Corporation.―A** person shall be disqualified for being appointed or for continuing as a member of the Corporation if he 1. Subs. by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1968, for “Punjab” (w.e.f. 1-11-1966). 3 ----- has, directly or indirectly, any interest in a subsisting contract made with, or in any work being done, for, the Corporation except as a shareholder (other than a director) in an incorporated company: Provided that where he is a shareholder, he shall disclose to the Central Government the nature and extent of shares held by him in such company. **7. Temporary absence of any member.―If any member of the Corporation is by infirmity or** otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his appointment, the Central Government may appoint another person to act in his place during his absence. **8. Vacancies amongst members or defect in the constitution not to invalidate acts or** **proceedings of the Corporation.―No act or proceeding of the Corporation shall be invalid by reason** only of the existence of any vacancy amongst its members or any defect in the constitution thereof. **9. Committees of the Corporation.―The Corporation may constitute such committees for general** or special purposes as the Corporation deems necessary to carry out the purposes of this Act. **10. Meetings of the Corporation.―(1) The Corporation shall meet for the transaction of business at** such times and places as may be prescribed: Provided that the Chairman may, whenever he thinks fit, and shall, upon the written requisition of not less than two members, call a special meeting. (2) The Chairman or, in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the Corporation. (3) All questions which come before any meeting of the Corporation shall be decided by majority of votes of the members present, and in the case of an equality of votes, the Chairman, or in his absence, any other person presiding, shall have a second or casting vote. **11. Authentication of orders and other instruments of the Corporation.―All orders and** decisions of the Corporation shall be authenticated by the signature of the Chairman or any other member authorised by the Corporation in this behalf, and all other instruments issued by the Corporation shall be authenticated by the signature of the Administrator or any other officer of the Corporation authorised in like manner in this behalf. **12. Appointment of Administrator and other officer of the Corporation.―(1) There shall be an** Administrator of the Corporation who shall be appointed by the Central Government. (2) The Administrator shall be the chief executive officer of the Corporation and all other officers of the Corporation shall be subordinate to him. (3) The Administrator shall have the right to take part in the discussions of the Corporation or of any of its committees but shall not have the right to vote at the meetings of the Corporation or of any of its committees: Provided that when one of the members of the Corporation is appointed under sub-section (1) as the Administrator, such Administrator shall have all the rights and privileges of a member. (4) The Corporation may appoint such other officers as it may consider necessary for the efficient performance of its functions under this Act. CHAPTER III POWERS AND FUNCTIONS OF THE CORPORATION **13. General duty of the Corporation.―It shall be the general duty of the Corporation to carry on** and promote trade, business and industry in Faridabad, to assist in the rehabilitation of displaced persons settled therein and to manage and develop the property of the Union vested in the Corporation. **14. Powers of the Corporation.―(1) The Corporation may exercise all such powers as may be** necessary or expedient for the purpose of carrying out its functions under this Act. 4 ----- (2) Without prejudice to the generality of the foregoing provision, such power shall include the power― (a) to acquire and hold such property, both movable and immovable, as the Corporation may deem necessary for efficiently performing its functions under this Act and to make improvements in such property and to transfer by way of sale, lease or otherwise any such property; (b) to carry on or promote any trade, business or industry; (c) to give financial or other assistance to persons to enable them to carry on trade, business or industry in Faridabad primarily with a view to providing employment to, and rehabilitating, displaced persons settled therein; (d) to construct or cause to be constructed residential or other buildings and to sell or let such buildings or cause them to be sold or let, on such terms as may be prescribed; (e) to advance loans on such terms and for such purposes as may be prescribed; (f) to supply or cause to be supplied, in accordance with the law for the time being in force, electrical energy for domestic and industrial purposes at reasonable rates; (g) to take such other measures as the Corporation may deem necessary for the rehabilitation of displaced persons settled in Faridabad; (h) to take such steps as may be necessary for improving the economic and social conditions of the inhabitants of Faridabad. (3) Nothing in this section shall affect the exercise of any power or the performance of any function by any local authority having jurisdiction in Faridabad. **15. Capital of the Corporation.―All non-recurring expenditure incurred by the Central Government** or the body known as the Faridabad Development Board for and in connection with the development of Faridabad or for any of the purposes referred to in this Act upto the date of the establishment of the Corporation and declared to be capital expenditure by the Central Government shall be treated as the capital provided by the Central Government to the Corporation. **16. Grants and loans to the Corporation.―The Central Government may, after due appropriation** made by Parliament by law in this behalf, make such grants and advance such loans to the Corporation as the Central Government may deem necessary for the performance of the functions of the Corporation under this Act; and all grants made and all loans advanced shall be on such terms and conditions as the Central Government may determine. **17. Vesting of property in the Corporation.―All property, assets and funds owned or acquired by** the Central Government or purporting to have been owned or acquired by the body known as the Faridabad Development Board for the purposes of the development of Faridabad or for any of the purposes referred to in this Act before the establishment of the Corporation shall, on such establishment, vest in the Corporation unless the Central Government otherwise directs in respects of any part of such property, assets or funds. **18. Repayment of capital and loan with interest.―The Corporation shall repay, at such intervals** and on such terms as the Central Government may determine, the amount of capital provided under section 15 and all loans advanced under section 16 with interest at such rate as may, from time to time, be fixed by that Government and such repayment of capital or loan or payment of interest shall be deemed to be part of the expenditure of the Corporation. **19. Corporation to have rights and liabilities of the Central Government in certain cases.―(1)** All rights, liabilities and obligations of the Central Government which, whether arising out of any contract or otherwise, were acquired or incurred by it in connection with any transaction for the development of Faridabad or for any of the purposes referred to in this Act before the establishment of the Corporation, shall be deemed to have been acquired or incurred by the Corporation and shall be the rights, liabilities and obligations, respectively, of the Corporation. 5 ----- (2) All suits or other legal proceedings instituted or which might but for the issue of the notification under sub-section (1) of section 3 has been instituted by or against the Central Government may be continued or instituted by or against the Corporation. **20. Fund of the Corporation.―(1) The Corporation shall have its own Fund and all receipts of the** Corporation shall be carried thereto and all payments by the Corporation shall be made therefrom. (2) All moneys belonging to the Fund shall be deposited in such bank or invested in such manner as may be decided by the Corporation. **21. Provision for depreciation and reserve and other funds.―(1) The Corporation shall make such** provision for depreciation and for reserve and other funds as the Central Government may from time to time direct. (2) The management of these funds, the sums to be carried from time to time to the credit thereof and the application of the moneys comprised therein shall be determined in accordance with such directions as the Central Government may from time to time issue. **22. Power of the Corporation to spend.―The Corporation shall have power to spend such sums as** it thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the Fund of the Corporation. **23. Budget.―The Corporation shall prepare, in such form and at such time each year as may be** prescribed, a budget in respect of every financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Central Government. **24. Annual report.―The Corporation shall prepare in such form and at such time each year as may** be prescribed an annual report giving a true and full account of its activities during the previous financial year and copies thereof shall be sent to the Central Government and the Government of the State of Punjab. **25. Accounts and audit.―(1) The Corporation shall cause to be maintained such books of account** and other books in relation to its accounts in such form and in such manner as may be prescribed. (2) The accounts of the Corporation shall be audited at such times and in such manner as may be prescribed. **26. Amount due to the Corporation to be first charge.―(1) Notwithstanding anything contained in** any other law, where a loan has been advanced to any person for the construction of a building or where a building has been transferred to any person, the amount due to the Corporation on account of the loan or transfer together with interest thereon shall be a first charge on the building so constructed or transferred. (2) The Corporation may also take such further security as it may consider necessary for advancing any loan or for transferring any building. CHAPTER IV MISCELLANEOUS **27. Direction.―For the purposes of this Act, the Central Government may, from time to time, give to** the Corporation such general or special directions as the Central Government thinks fit and in the performance of the functions, the Corporation shall comply with such directions. **28. Returns and reports.―The Corporation shall furnish to the Central Government such returns,** statistics, accounts and other information with respect to its property or activities as the Central Government may from time to time require. **29. Mode of recovery of moneys due to the Corporation.―When any money is due to the** Corporation from any person, then, without prejudice to any other mode of recovery, the Corporation may, after giving that person an opportunity of being heard, issue a certificate to the Collector of the amount due and the Collector shall proceed to recover that amount in the same manner as an arrear of land revenue. 6 ----- **30. Delegation of powers.―The Corporation may, by general or special order in writing, delegate to** the Chairman or any other member or any officer of the Corporation, subject to such conditions and limitations (if any) as may be specified in the order, such of its powers and duties under this Act as it may deem necessary for the efficient running of the day-to-day administration of the Corporation. **31. Members and officers of the Corporation to be public servants.―All members and officers of** the Corporation shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **32. Removal of disqualification for membership of Parliament.―It is hereby declared that the** office of the member of the Corporation shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament. **33. Bar of legal proceedings.―No suit or other legal proceedings shall lie against any member or** officer of the Corporation in respect of anything which is in good faith done or intended to be done in pursuance of this Act. **34. Validation of certain transactions.―On the establishment of the Corporation under** section 3,― (a) all action purporting to have been taken, and all transactions purporting to have been made, by or with the body known as the Faridabad Development Board (including any action or transaction by which any property, asset or right was purported to have been acquired or any liability or obligation, whether by contract or otherwise, was purported to have been incurred) shall be deemed to have been validly and lawfully taken or made by or with the Corporation as if this Act were in force and the Corporation were in existence on the day on which such action was taken or transaction was made; and (b) in particular, and without prejudice to the generality of the foregoing provision,― (i) all property and assets vesting in the body known as the Faridabad Development Board shall vest in the Corporation; (ii) all rights, liabilities and obligations of the body known as the Faridabad Development Board, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations, respectively, of the Corporation; and (iii) all leases granted by, all contracts made with, and all instruments executed on behalf of, the body known as the Faridabad Development Board shall be deemed to have been granted by, made with, or executed on behalf of, the Corporation and shall have effect accordingly. **35. Power to remove difficulties.―If any doubt or difficulty arises in giving effect to the provisions** of this Act, the Central Government may, by order, make such provision or give such direction, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the doubt or difficulty, and the order of the Central Government, in such cases, shall be final. **36. Power to make rules.―(1) The Central Government may, by notification in the Official Gazette,** make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:― (a) the term of office and other conditions of service of members; (b) the terms and conditions of service of the Administrator and other officers of the Corporation; (c) meetings of the Corporation and the procedure for conducting business thereat; (d) the intervals at which, and the terms on which, the capital provided or loan advanced by the Central Government to the Corporation may be repaid, and the rate at which interest may be paid on the capital provided or loan advanced by the Central Government; (e) the form and manner in which the budget and the annual report may be prepared; (f) the manner in which the accounts of the Corporation may be maintained and audited; 7 ----- (g) the form and manner in which returns, statistics, accounts and other information may be furnished to the Central Government; (h) any other matter which has to be, or may be, prescribed under this Act. 1[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] ________________ THE SCHEDULE [See section 2 (c)] **Area of Faridabad.―Faridabad is included within the following boundaries, namely:―** _North ―_ Karkhana garden, Railway Station and Rest House, Faridabad, buildings belonging to Shrimati Sushila Devi and Abadi Fetehpur Chandela. _East ― Delhi-Mathura Road._ _South ― Abadi village Majasar._ _West ― Badkhal Band; Hill of villages Dabwa, Nawadah Koh and Daulatabad; Abadi_ village Saran. 1. Subs. by Act 4 of 2005, s. 2 and the Schedule, for sub-section (3) (w.e.f. 11-1-2005). 8 -----

29-Dec-1956

96

The Slum Areas (Improvement and Clearance) Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/1709/1/195696.pdf

central

# THE SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1956 ____________ # ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II SLUM AREAS 3. Declaration of slum areas. CHAPTER III SLUM IMPROVEMENT 4. Power of competent authority to require improvement of buildings unfit for human habitation. 5. Inforcement of notice requiring execution of works of improvement. 6. Expenses of maintenance of works of improvement etc., to be recoverable from the occupiers of buildings. 6A. Restriction on building, etc., in slum areas. 7. Power of competent authority to order demolition of buildings unfit for human habitation. 8. Procedure to be followed where demolition order has been made. CHAPTER IV SLUM CLEARANCE AND RE-DEVELOPMENT 9. Power to declare any slum area to be a clearance area. 10. Slum clearance order. 11. Power of competent authority to re-develop clearance area. CHAPTER V ACQUISITION OF LAND 12. Power of Central Government to acquire land. 13. Land acquired by Central Government to be made available to the competent authority. 14. Right to receive compensation. 15. Basis for determination of compensation. 16. Apportionment of compensation. 17. Payment of compensation or deposit of the same in court. 18. Powers of competent authority in relation to determination of compensation, etc. CHAPTER VI PROTECTION OF TENANTS IN SLUM AREAS FROM EVICTION 19. Proceedings for eviction of tenants not to be taken without permission of the competent authority. 20. Appeals. 20A. Restoration of possession of premises vacated by a tenant. 20B. Rent of buildings in slum areas. 1 ----- SECTIONS 21. Chapter not to apply to eviction of tenants from certain buildings. CHAPTER VII MISCELLANEOUS 22. Powers of entry. 23. Powers of inspection. 24. Power to enter land adjoining land where work is in progress. 25. Breaking into buildings. 26. Entry to be made in the day time. 27. Owner's consent ordinarily to be obtained. 28. Power of eviction to be exercised only by the competent authority. 29. Power to remove offensive or dangerous trades from slum areas. 30. Appeals. 31. Service of notices, etc. 32. Penalties. 33. Order of demolition of buildings in certain cases. 34. Jurisdiction of courts. 35. Previous sanction of the competent authority or officers authorised by it, for prosecution. 36. Power to delegate. 37. Protection of action taken in good faith. 37A. Bar of jurisdiction. 38. Competent authority, etc., to be public servants. 39. Act to over-ride other laws. 40. Power to make rules. THE SCHEDULE. 2 ----- # THE SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1956 ACT NO. 96 OF 1956 [29th December, 1956.] # An Act to provide for the improvement and clearance of slum areas in certain Union territories and for the protection of tenants in such areas from eviction. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:― CHAPTER I PRELIMINARY **1. Short title, extent and commencement.―(1) This Act may be called the Slum Areas** (Improvement and Clearance) Act, 1956. (2) It extends to all Union territories except the Union territories of the Andaman and Nicobar Islands and the Laccadive, Minicoy and Amindivi Islands. (3) It shall come into force in a Union territory on such date[1] as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different Union territories. **2. Definitions.―In this Act, unless the context otherwise requires,―** (a) “Administrator” means the Administrator of a Union territory; (b) “building” includes any structure or erection or any part of a building as so defined but does not include plant or machinery comprised in a building; (c) “competent authority” means such officer or authority as the Administrator may, by notification in the Official Gazette, appoint as the competent authority for the purposes of this Act; (d) “erection” in relation to a building includes extension, alteration or re-erection; 2[(e) “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth; (f) “occupier” includes― (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; (b) an owner in occupation of, or otherwise using his land or building; (c) a rent-free tenant of any land or building; (d) a licensee in occupation of any land or building; and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;] (g) “owner” includes any person who is receiving or is entitled to receive the rent of any building or land whether on his own account or on behalf of himself and others or as agent or trustee, or who would so receive the rent or be entitled to receive it if the building or land were let to a tenant; (h) “prescribed” means prescribed by rules made under this Act; and 1. 8th February, 1957 in respect of the Union territory of Delhi, vide Notification No. S.R.O. 421, dated 4th February, 1957, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st April, 1958 in respect of the Union territory of Tripura, _vide Notification No. S.R.O. 414, dated 31st March, 1958,_ _see_ Gazette of India, Extraordinary, Part II, sec. 3(ii). Extended to Pondicherry Act 26 of 1968. 2. Subs. by Act 43 of 1964, s. 2, for clauses (e) and (f) (w.e.f. 27-2-1965). 3 ----- [(i) “slum clearance” means the clearance of any slum area by the demolition and removal of buildings therefrom; 1[(j) “work of improvement” includes in relation to any building in a slum area the execution of any one or more of the following works, namely:― (i) necessary repairs; (ii) structural alterations; (iii) provision of light points, water taps and bathing places; (iv) construction of drains, open or covered; (v) provision of latrines, including conversion of dry latrines into water-borne latrines; (vi) provision of additional or improved fixtures or fittings; (vii) opening up or paving of courtyards; (viii) removal of rubbish; and (ix) any other work including the demolition of any building or any part thereof which in the opinion of the competent authority is necessary for executing any of the works specified above.] CHAPTER II SLUM AREAS **3. Declaration of slum areas.―(1) Where the competent authority upon report from any of its** officers or other information in its possession is satisfied as respects any area that the buildings in that area― (a) are in any respect unfit for human habitation; or (b) are by reason of dilapidation, overcrowding, faulty arrangement and design of such buildings, narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals, it may, by notification in the Official Gazette, declare such area to be a slum area. (2) In determining whether a building is unfit for human habitation for the purposes of this Act, regard shall be had to its condition in respect of the following matters, that is to say― (a) repair; (b) stability; (c) freedom from damp; (d) natural light and air; (e) water supply; (f) drainage and sanitary conveniences; (g) facilities for storage, preparation and cooking of food and for the disposal of waste water; and the building shall be deemed to be unfit as aforesaid if and only if it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition. CHAPTER III SLUM IMPROVEMENT **4. Power of competent authority to require improvement of buildings unfit for human** **habitation.―(1) Where the competent authority upon report from any of its officers or other information** in its possession is satisfied that any building in a slum area is in any respect unfit for human habitation, it 1. Ins. by Act 43 of 1964, s. 2 (w.e.f. 27-2-1965). 4 ----- may, unless in its opinion the building is not capable at a reasonable expense of being rendered so fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in the opinion of the authority those works will render the building fit for human habitation: 1[Provided that where the owner of the building is different from the owner of the land on which the building stands and the works of improvement required to be executed relate to provision of water taps, bathing places construction of drains, open or covered, as the case may be, provision of water-borne latrines or removal of rubbish and such works are to be executed outside the building, the notice shall be served upon the owner of the land.] (2) In addition to serving a notice under this section on the owner, the competent authority may serve a copy of the notice on any other person having an interest in the building [1][or the land on which the building stands] whether as lessee, mortgagee or otherwise. (3) In determining, for the purposes of this Act, whether a building can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to render it so fit and the value which it is estimated that the building will have when the works are completed. **5. Inforcement of notice requiring execution of works of improvement.―(1) If a notice under** section 4 requiring the owner of the building [2][or of the land on which the building stands, as the case may be,] to execute works of improvement is not complied with, then, after the expiration of the time specified in the notice the competent authority may itself do the works required to be done by the notice. (2) All expenses incurred by the competent authority under this section, together with interest, at such rate as the Central Government may by order fix, from the date when a demand for the expenses is made until payment, may be recovered by the competent authority from the owner of the building [2][or of the land on which the building stands, as the case may be,] as arrears of land revenue: Provided that if the owner proves that he― (a) is receiving the rent merely as agent or trustee for some other person; and (b) has not in his hands on behalf of that other person sufficient money to satisfy the whole demand of the authority, his liability shall be limited to the total amount of the money which he has in his hands as aforesaid. 3* - - - **6. Expenses of maintenance of works of improvement, etc., to be recoverable from the occupiers** **of buildings.―Where works of improvement have been executed in relation to any building in a slum** area in pursuance of the provisions of sections 4 and 5, the expenses incurred by the competent authority or, as the case may be, any local authority in connection with the maintenance of such works of improvement or the enjoyment of amenities and conveniences rendered possible by such works shall be recoverable from the occupier or occupiers of the building as arrears of land revenue. 4[6A. Restriction on building, etc., in slum areas.―(1) The competent authority may, by notification in the Official Gazette, direct that no person shall erect any building in a slum area except with the previous permission in writing of the competent authority. (2) Every notification issued under sub-section (1) shall cease to have effect on the expiration of two years from the date thereof except as respects things done or omitted to be done before such cesser. (3) Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the competent authority in such form and containing such information in respect of the erection of the building to which the application relates as may be prescribed. 1. Ins. by Act 43 of 1964, s. 3 (w.e.f. 27-2-1965). 2. Ins. by s. 4, ibid. (w.e.f. 27-2-1965). 3. Omitted by, s. 4, ibid. (w.e.f. 27-2-1965). 4. Ins. by s. 5, ibid. (w.e.f. 27-2-1965). 5 ----- (4) On receipt of such application, the competent authority, after making such inquiry as it considers necessary, shall, by order in writing,― (a) either grant the permission subject to such terms and conditions, if any, as may be specified in the order; or (b) refuse to grant such permission: Provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused. (5) Nothing contained in sub-section (1) shall apply to― (a) any works of improvement required to be executed by a notice under sub-section (1) of section 4 or in pursuance of an undertaking given under sub-section (2) of section 7; or (b) the erection of any building in any area in respect of which a slum clearance order has been made under section 10.] **7. Power of competent authority to order demolition of buildings unfit for human** **habitation.―Where a competent authority upon a report from any of its officers or other information in** its possession is satisfied that any building within a slum area is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, it shall serve upon the owner of the building, and upon any other person having an interest in the building, whether as lessee, mortgagee or otherwise, a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made. (2) If any of the persons upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the competent authority and gives an undertaking to the authority that such person shall within a period specified by the authority execute such works of improvement in relation to the building as will in the opinion of the authority render the building fit for human habitation, or that it shall not be used for human habitation until the authority on being satisfied that it has been rendered fit for that purpose cancels the undertaking, the authority shall not make any order of demolition of the building. (3) If no such undertaking as is mentioned in sub-section (2) is given, or if in a case where any such undertaking has been given any work of improvement to which the undertaking relates is not carried out within the specified period or the building is at any time used in contravention of the terms of the undertaking, the competent authority shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks after the expiration of that period. **8. Procedure to be followed where demolition order has been made.―(1) Where an order for** demolition of a building under section 7 has been made the owner of the building or any other person having an interest therein shall demolish that building within the time specified in that behalf by the order; and if the building is not demolished within that time the competent authority shall enter and demolish the building and sell the materials thereof. (2) Any expenses incurred by the competent authority under sub-section (1), if not satisfied out of the proceeds of sale of materials of the building shall be recoverable from the owner of the building or any other person having an interest therein as arrears of land revenue. CHAPTER IV SLUM CLEARANCE AND RE-DEVELOPMENT **9. Power to declare any slum area to be a clearance area.―(1) Where the competent authority** upon a report from any of its officers or other information in its possession is satisfied as respects any slum area that the most satisfactory method of dealing with the conditions in the area is the demolition of all the buildings in the area, the authority shall by an order notified in the Official Gazette declare the area 6 ----- to be a clearance area, that is to say, an area to be cleared of all buildings in accordance with the provisions of this Act: Provided that any building in the area which is not unfit for human habitation or dangerous or injurious to health may be excluded from the declaration if the authority considers it necessary. (2) The competent authority shall forthwith transmit to the Administrator a copy of the declaration under this section together with a statement of the number of persons who on a date specified in the statement were occupying buildings comprised in the clearance area. **10. Slum clearance order.―(1) As soon as may be after the competent authority has declared any** slum area to be a clearance area, it shall make a slum clearance order in relation to that area ordering the demolition of each of the buildings specified therein and requiring each such building to be vacated within such time as may be specified in the order and submit the order to the Administrator for confirmation. (2) The Administrator may either confirm the order in to or subject to such variations as he considers necessary or reject the order. (3) If the Administrator confirms the order, the order shall become operative from the date of such confirmation. (4) When a slum clearance order has become operative, the owners of buildings to which the order applies shall demolish the buildings before the expiration of six weeks from the date on which the buildings are required by the order to be vacated or before the expiration of such longer period as in the circumstances of the case the competent authority may deem reasonable. (5) If the buildings are not demolished before the expiration of the period mentioned in sub-section (4) the competent authority shall enter and demolish the buildings and sell the materials thereof. (6) Any expenses incurred by the competent authority in demolishing any building shall, if not satisfied out of the proceeds of sale of materials thereof, be recoverable by the competent authority as arrears of land revenue. 1[(7) Subject to the provisions of this Act, where a slum clearance order has become operative, the owner of the land to which the order applies may re-develop the land in accordance with plans approved by the competent authority and subject to such restrictions and conditions (including a condition with regard to the time within which the re-development shall be completed), if any, as that authority may think fit to impose: Provided that an owner who is aggrieved by a restriction or condition so imposed on the user of his land or by a subsequent refusal of the competent authority to cancel or modify any such restriction or condition may, within such time as may be prescribed, appeal to the Administrator and the Administrator shall make such order in the matter as he thinks proper and his decision shall be final.] (8) No person shall commence or cause to be commenced any work in contravention of a plan approved or a restriction or condition imposed under sub-section (7). **2[11. Power of competent authority to re-develop clearance area.―(1) Notwithstanding anything** contained in sub-section (7) of section 10, the competent authority may at any time after the land has been cleared of the buildings in accordance with a slum clearance order but before the work of re-development of that land has been commenced by the owner, by order, determine to re-develop the land if that authority is satisfied that it is necessary in the public interest to do so. (2) Where land has been cleared of the buildings in accordance with a slum clearance order, the competent authority, if it is satisfied that the land has been, or is being, re-developed by the owner thereof in contravention of plans approved by the authority or any restrictions or conditions imposed under sub-section (7) of section 10 or has not been re-developed within the time, if any, specified under such conditions, may, by order, determine to re-develop the land: 1. Subs. by Act 43 of 1964, s. 6, for sub-section (7) (w.e.f. 27-2-1965). 2. Subs. by s. 7, ibid., for section 11 (w.e.f. 27-2-1965). 7 ----- Provided that before passing such order, the owner shall be given a reasonable opportunity to show cause why the order should not be passed.] CHAPTER V ACQUISITION OF LAND **12. Power of Central Government to acquire land.―(1) Where on any representation from the** competent authority it appears to the Central Government that, in order to enable the authority to execute any work of improvement in relation to any building in a slum area or to re-develop any clearance area, it is necessary that land within, adjoining or surrounded by any such area should be acquired, the Central Government may acquire the land by publishing in the Official Gazette a notice to the effect that the Central Government has decided to acquire the land in pursuance of this section: Provided that, before publishing such notice, the Central Government may call upon the owner of, or any other person who, in the opinion of the Central Government, may be interested in, such land to show cause why it should not be acquired; and after considering the cause, if any, shown by the owner or any other person interested in the land, the Central Government may pass such order as it deems fit. (2) When a notice as aforesaid is published in the Official Gazette, the land shall, on and from the date on which the notice is so published, vest absolutely in the Central Government free from all encumbrances. **13. Land acquired by Central Government to be made available to the competent** **authority.―Where any land in a slum area or clearance area has been acquired under this Act the Central** Government shall make the land available to the competent authority for the purpose of executing any work of improvement or carrying out any order of demolition or for the purpose of re-development: 1[Provided that where on any representation from the competent authority, the Central Government is satisfied that any such land or any portion thereof is unsuitable for the purposes mentioned in this section, the Central Government may use the land or allow it to be used for such other public purpose or purposes as it may deem fit.] **14. Right to receive compensation.―Every person having any interest in any land acquired under** this Act shall be entitled to receive from the Central Government compensation as provided hereafter in this Act. **15. Basis for determination of compensation.―(1) The amount payable as compensation in respect** of any land acquired under this Act shall be an amount equal to sixty times the net average monthly income actually derived from such land during the period of five consecutive years immediately preceding the date of publication of the notice referred to in section 12. (2) The net average monthly income referred to in sub-section (1) shall be calculated in the manner and in accordance with the principles set out in the Schedule. (3) The competent authority shall, after holding an inquiry in the prescribed manner, determine in accordance with the provisions of sub-section (2) the net average monthly income actually derived from the land and publish a notice in the Official Gazette specifying the amount so determined and calling upon the owner of the land and every person interested therein to intimate to it before a date specified in the notice whether such owner or person agrees to the amount so determined and if he does not so agree, what amount he claims to be the net average monthly income actually derived from the land. (4) Any person who does not agree to the amount of the net average monthly income determined by the competent authority under sub-section (3) and claims a sum in excess of that amount may prefer an appeal to the Administrator within thirty days from the date specified in the notice referred to in that sub-section. (5) On appeal the Administrator shall, after hearing the appellant, determine the, net average monthly income and his determination shall be final and shall not be questioned in any court of law. 1. Added by Act 43 of 1964, s. 8 (w.e.f. 27-2-1965). 8 ----- (6) Where there is any building on the land in respect of which the net average monthly income has been determined, no separate compensation shall be paid in respect of such building: Provided that where the owner of the land and the owner of the building on such land are different, the competent authority shall apportion the amount of compensation between the owner of the land and the owner of the building [1][in the same proportion as the market price of the land bears to the market price of the building on the date of the acquisition]. 2* - - - **16. Apportionment of compensation.―(1) Where several persons claim to be interested in the** amount of compensation determined under section 15, the competent authority shall determine the persons who in its opinion are entitled to receive compensation and the amount payable to each of them. (2) If any dispute arises as to the apportionment of compensation or any part thereof, or as to the persons to whom the same or any part thereof is payable, the competent authority may refer the dispute to the decision of the Administrator; and the Administrator in deciding any such dispute shall follow, as far as may be, the provisions of Part III of the Land Acquisition Act, 1894 (1 of 1894). **17. Payment of compensation or deposit of the same in court.―(1) After the amount of** compensation has been determined, the competent authority shall on behalf of the Central Government tender payment of, and pay, the compensation to the persons entitled thereto. (2) If the persons entitled to compensation do not consent to receive it, or if there be any dispute as to the title to receive compensation or as to the apportionment of it, the competent authority shall deposit the amount of the compensation in the court of the District Judge and that court shall deal with the amount so deposited in the manner laid down in sections 32 and 33 of the Land Acquisition Act, 1894 (1 of 1894). **18. Powers of competent authority in relation to determination of compensation, etc.―(1) The** competent authority may, for the purposes of determining the amount of compensation or apportionment thereof, require, by order, any person to furnish such information in his possession as may be specified in the order. (2) The competent authority shall, while holding inquiry under section 15, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:― (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) reception of evidence on affidavits; (d) requisitioning any public record from any court or office; (e) issuing commissions for examination of witnesses. CHAPTER VI PROTECTION OF TENANTS IN SLUM AREAS FROM EVICTION **3[19. Proceedings for eviction of tenants not to be taken without permission of the competent** **authority.―(1) Notwithstanding anything contained in any other law for the time being in force, no** person shall, except with the previous permission in writing of the competent authority,― (a) institute, after the commencement of the Slum Areas (Improvement and Clearance) Amendment Act, 1964, any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in a slum area; or 1. Subs. by Act 43 of 1964, s. 9, for “in such proportion as he considers reasonable” (w.e.f. 27-2-1965). 2. Second proviso omitted by s. 9, ibid. (w.e.f. 27-2-1965). 3. Subs. by s. 10, ibid., for section 19 (w.e.f. 27-2-1965). 9 ----- (b) where any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of a tenant from any building or land in such area, execute such decree or order. (2) Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the competent authority in such form and containing such particulars as may be prescribed. (3) On receipt of such application, the competent authority, after giving an opportunity to the parties of being heard and after making such summary inquiry into the circumstances of the case as it thinks fit, shall by order in writing, either grant or refuse to grant such permission. (4) In granting or refusing to grant the permission under sub-section (3), the competent authority shall take into account the following factors, namely:― (a) whether alternative accommodation within the means of the tenant would be available to him if he were evicted; (b) whether the eviction is in the interest of improvement and clearance of the slum areas; (c) such other factors, if any, as may be prescribed. (5) Where the competent authority refuses to grant the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant.] **1[20. Appeals.―Any person aggrieved by an order of the competent authority refusing to grant the** permission referred to in sub-section (1) of section 6A or referred to in sub-section (1) of section 19 may, within such time as may be prescribed, prefer an appeal to the Administrator and the Administrator may, after hearing the appellant, decide such appeal and his decision shall be final.] **2[20A. Restoration of possession of premises vacated by a tenant.―(1) Where a tenant in** occupation of any building in a slum area vacates any building or is evicted therefrom on the ground that it was required for the purpose of executing any work of improvement or for the purpose of re-election of the building, the tenant may, within such time as may be prescribed, file a declaration with the competent authority that he desires to be replaced in occupation of the building after the completion of the work of improvement or re-erection of the building, as the case may be. (2) On receipt of such declaration, the competent authority, shall by order require the owner of the building to furnish to it, within such time as may be prescribed, the plans of the work of improvement or re-erection of the building and estimates of the cost thereof and such other particulars as may be necessary and shall, on the basis of such plans and estimates and particulars, if any, furnished and having regard to the provisions of sub-section (3) of section 20B and after holding such inquiry as it may think fit, provisionally determine the rent that would be payable by the tenant if he were to be replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1). (3) The rent provisionally determined under sub-section (2) shall be communicated in the prescribed manner to the tenant and the owner. (4) If the tenant after the receipt of such communication intimates in writing to the competent authority within such time as may be prescribed that when he is replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1), he would pay to the owner until the rent is finally determined under section 20B the rent provisionally determined under sub-section (2), the competent authority shall direct the owner to place the tenant in occupation of the building after the completion of the work of improvement or re-erection of the building, as the case may be, and the owner shall be bound to comply with such direction. **20B. Rent of buildings in slum areas.―(1) Where any building in a slum area is let to a tenant after** the execution of any work of improvement or after it has been re-erected, the rent of the building shall be determined in accordance with the provisions of this section. 1. Subs. by Act 43 of 1964, s. 11, for section 20 (w.e.f. 27-2-1965). 2. Ins. by s. 12, ibid. (w.e.f. 27-2-1965). 10 ----- (2) Where any such building is let to a tenant other than a tenant who is placed in possession of the building in pursuance of a direction issued under sub-section (4) of section 20A, the tenant shall be liable to pay to the owner― (a) if there is a general law relating to the control of rents in force in the area in which the building is situated and applicable to that building, the rent determined in accordance with the provisions of that law; (b) if there is no such law in force in such area, such rent as may be agreed upon between the owner and the tenant. (3) Where any such building is let to a tenant in pursuance of a direction issued under sub-section (4) of section 20A, the tenant shall, notwithstanding any law relating to the control of rents in force in the area be liable to pay to the owner― (a) if any work of improvement has been executed in relation to the building, an annual rent of a sum equivalent to the aggregate of the following amounts, namely:― (i) the annual rent the tenant was paying immediately before he vacated the building for the purpose of execution of the work of improvement; (ii) six per cent. of the cost of the work of improvement; and (iii) six per cent. of a sum equivalent to the compensation payable in respect of any land which may have been acquired for the purpose of effecting such improvement as if such land were acquired under section 12 on the date of the commencement of the work of improvement; (b) if the building has been re-erected, an annual rent of a sum equivalent to four per cent. of the aggregate cost of reconstruction of the building and the cost of the land on which the building is re-erected. _Explanation.―For the purposes of this clause, the cost of the land shall be deemed to be a sum_ equivalent to the compensation payable in respect of the land if it were acquired under section 12 on the date of commencement of the reconstruction of the building. (4) The rent payable by a tenant in respect of any building under sub-section (3) shall, on an application made by the tenant or the owner, be determined by the authority referred to in sub-section (5): Provided that an application for determination of such rent by the owner or the tenant shall not, except for sufficient cause, be entertained by such authority after the expiry of ninety days from the completion of the work of improvement or re-erection of the building, as the case may be. (5) The authority to which the application referred to in sub-section (4) shall be made, shall be― (a) where there is a general law relating to the control of rents in force in the area in which the building is situate, the authority to whom applications may be made for fixing of rents of buildings situate in that area; and for the purpose of determining the rent under this section that authority may exercise all or any of the powers it has under the said general law; and the provisions of such law including provisions relating to appeals shall apply accordingly; (b) if there is no such law in force in that area, such authority as may be specified by rules made in this behalf by the Central Government and such rules may provide the procedure that will be followed by that authority in determining the rent and also for appeals against the decision of such authority. (6) Where the rent is finally determined under this section, then the amount of rent paid by the tenant shall be adjusted against the rent so finally determined and if the amount so paid falls short of, or is in excess of, the rent finally determined, the tenant shall pay the deficiency, or be entitled to a refund, as the case may be.] 11 ----- **21. Chapter not to apply to eviction of tenants from certain buildings.―Nothing in this Chapter** shall apply to or in relation to the [1][eviction under any law] of a tenant from any building in a slum area belonging to the Government, [2][the Delhi Development Authority] or any local authority. CHAPTER VII MISCELLANEOUS **22. Powers of entry.―It shall be lawful for any person authorised by the competent authority in this** behalf to enter into or upon any building or land in a slum area with or without assistants or workmen in order to make any inquiry, inspection, measurement, valuation or survey, or to execute any work which is authorised by or under this Act or which it is necessary to execute for any of the purposes or in pursuance of any of the provisions of this Act or of any rule or order made thereunder. **23. Powers of inspection.―(1) The competent authority may, by general or special order, authorise** any person― (a) to inspect any drain, latrine, urinal, cesspool, pipe, sewer or channel in or on any building or land in a slum area, and in his discretion to cause the ground to be opened for the purpose of preventing or removing any nuisance arising from the drain, latrine, urinal, cesspool, pipe, sewer or channel, as the case may be; (b) to examine works under construction in the slum area, to take levels or to remove, test, examine, replace or read any meter. (2) If, on such inspection, the opening of the ground is found to be necessary for the prevention or removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the land or building, but if it is found that no nuisance exists or but for such opening would have arisen, the ground or portion of any building, drain, or other work opened, injured or removed for the purpose of such inspection shall be filled in, reinstated, or made good, as the case may be, by the competent authority. **24. Power to enter land adjoining land where work is in progress.―(1) Any person authorised by** the competent authority in this behalf may, with or without assistants or workmen, enter on any land within fifty yards of any work authorised by or under this Act for the purpose of depositing thereon any soil, gravel, stone or other materials, or for obtaining access to such work or for any other purposes connected with the carrying on of the same. (2) The person so authorised shall, before entering on any land under sub-section (1), state the purpose thereof, and shall, if so required by the occupier, or owner, fence off so much of the land as may be required for such purpose. (3) The person so authorised shall, in exercising any power conferred by this section, do as little damage, as may be, and compensation shall be payable by the competent authority to the owner or occupier of such land or to both for any such damage whether permanent or temporary. **25. Breaking into buildings.―It shall be lawful for any person authorised by the competent** authority in this behalf to make any entry into any place, to open or cause to be opened any door, gate or other barrier― (a) if he considers the opening thereof necessary for the purpose of such entry; and (b) if the owner or occupier is absent, or being present refuses to open such door, gate or barrier. **26. Entry to be made in the day time.―No entry authorised by or under this Act shall be made** except between the hours of sunrise and sunset. **27. Owner's consent ordinarily to be obtained.―[3][Save as provided in this Act, no building or** land] shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof, 1. Subs. by Act 43 of 1964, s. 13, for “execution of any decree or order under any law for the eviction” (w.e.f. 27-2-1965). 2. Subs. by s. 13, ibid., for “the Delhi Improvement Trust” (w.e.f. 27-2-1965). 3. Subs. by Act 43 of 1964, s. 14, for “No building or land” (w.e.f. 27-2-1965). 12 ----- and no such entry shall be made without giving the said occupier or owner, as the case may be, not less than twenty four hours’ written notice of the intention to make such entry: Provided that no such notice shall be necessary if the place to be inspected is a shed for cattle or a latrine, urinal or a work under construction. **28. Power of eviction to be exercised only by the competent authority.―Where the competent** authority is satisfied either upon a representation from the owner of a building or upon other information in its possession that the occupants of the building have not vacated it in pursuance of any notice, order or direction issued or given by the authority, the authority shall, by order, direct the eviction of the occupants from the building in such manner and within such time as may be specified in the order [1][and for the purpose of such eviction may use or cause to be used such force as may be necessary]: Provided that before making any order under this section the competent authority shall give a reasonable opportunity to the occupants of the building to show cause why they should not be evicted therefrom. **29. Power to remove offensive or dangerous trades from slum areas.―The competent authority** may, by order in writing, direct any person carrying on any dangerous or offensive trade in a slum area to remove the trade from that area within such time as may be specified in the order: Provided that no order under this section shall be made unless the person carrying on the trade has been afforded a reasonable opportunity of showing cause as to why the order should not be made. **30. Appeals.―(1) Except as otherwise expressly provided in this Act, any person aggrieved by any** notice, order or direction issued or given by the competent authority may appeal to the Administrator within a period of thirty days from the date of issue of such notice, order or direction. (2) Every appeal under this Act shall be made by petition in writing accompanied by a copy of the notice, order or direction appealed against. (3) On the admission of an appeal, all proceedings to enforce the notice, order or direction and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and if the notice, order or direction is set aside on appeal, disobedience thereto shall not be deemed to be an offence. (4) No appeal shall be decided under this section unless the appellant has been heard or has had a reasonable opportunity of being heard in person or through legal practitioner. (5) The decision of the Administrator on appeal shall be final and shall not be questioned in any court. **31. Service of notices, etc.―(1) Every notice, order or direction issued under this Act shall, save as** otherwise expressly provided in this Act, be served― (a) by giving or tendering the notice, order or direction, or by sending it by post to the person for whom it is intended; or (b) if such person cannot be found, by affixing the notice, order or direction on some conspicuous part of his last known place of abode or business, or by giving or tendering the notice, order or direction to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the building or land, if any, to which it relates. (2) Where the person on whom a notice, order or direction is to be served is a minor, service upon his guardian or upon any adult male member or servant of his family shall be deemed to be the service upon the minor. (3) Every notice, order or direction which by or under this Act is to be served as a public notice, order or direction or as a notice, order or direction which is not required to be served to any individual therein specified shall, save as otherwise expressly provided, be deemed to be sufficiently served if a copy thereof is affixed in such conspicuous part of the office of the competent authority or in such other public 1. Ins. by Act 43 of 1964, s. 15 (w.e.f. 27-2-1965). 13 ----- place during such period, or is published in such local newspaper or in such other manner, as the competent authority may direct. **32. Penalties.―(1) Whoever** [1][fails to comply with] any notice, order or direction issued or given under this Act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. (2) Whoever commences or causes to be commenced any work in contravention of any restriction or condition imposed under sub-section (7) of section 10 or any plan for the re-development of a clearance area shall be punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both. (3) Whoever obstructs the entry of any person authorised under this Act to enter into or upon any building or land or molests such person after such entry shall be punishable with fine which may extend to one thousand rupees. (4) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (5) Notwithstanding anything contained in sub-section (3) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.―For the purposes of this section―_ (a) “company” means a body corporate and includes a firm or other association of individuals; and (b) “director” in relation to a firm means a partner in the firm. **33. Order of demolition of buildings in certain cases.―[2][(1)] Where the erection of any building** has been commenced, or is being carried out, or has been completed, in contravention of any restriction or condition imposed under sub-section (7) of section 10 or a plan for the re-development of any clearance area or in contravention of any notice, order or direction issued or given under this Act the competent authority may, in addition to any other remedy that may be resorted to under this Act or under any other law, make an order directing that such erection shall be demolished by the owner thereof within such time not exceeding two months as may be specified in the order, and on the failure of the owner to comply with the order, the competent authority may itself cause the erection to be demolished and the expenses of such demolition shall be recoverable from the owner as arrears of land revenue: Provided that no such order shall be made unless the owner has been given a reasonable opportunity of being heard. 3[(2) For the purpose of causing any building to be demolished under sub-section (1), the competent authority may use or cause to be used such force as may be necessary.] **34. Jurisdiction of courts.―No court inferior to that of a magistrate of the first class shall try an** offence punishable under this Act. 1. Subs. by Act 43 of 1964, s. 16 for “does any act in contravention of” (w.e.f. 27-2-1965). 2. Section 33 renumbered as sub-section (1) thereof by s. 17, ibid. (w.e.f. 27-2-1965). 3. Ins. by s. 17, ibid. (w.e.f. 27-2-1965). 14 ----- **35. Previous sanction of the competent authority or officers authorised by it for prosecution.―** No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the competent authority or an officer authorised by the competent authority in this behalf. **36. Power to delegate.―[1][(1)] The competent authority may, by notification in the Official Gazette,** direct that any power exercisable by it under this Act may also be exercised, in such cases and subject to such conditions, if any, as may be specified in the notification, by such officer or the local authority as may be mentioned therein. 2[(2) The Central Government may, by notification in the Official Gazette, direct that any power exercisable by the Administrator under sub-section (7) of section 10, section 15, section 20 and section 30 may, subject to such conditions, if any, as may be specified in the notification, be exercised also by the Chief Secretary or by such other officer as may be mentioned therein.] **37. Protection of action taken in good faith.―No suit, prosecution or other legal proceeding shall** lie against the competent authority or against any person for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. **3[37A. Bar of jurisdiction.―Save as otherwise expressly provided in this Act, no civil court shall** have jurisdiction in respect of any matter which the competent authority or any other person is empowered by or under this Act, to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.] **38. Competent authority, etc., to be public servants.―The competent authority and any person** authorised by [4][it] under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **39. Act to override other laws.―The provisions of this Act and the rules made thereunder shall have** effect notwithstanding anything inconsistent therewith contained in any other law. **40. Power to make rules.―(1) The Central Government may, by notification in the Official Gazette,** make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:― (a) the manner, of authentication of notices, orders and other instruments of the competent authority; (b) the preparation of plans for the re-development of any slum area, and matters to be included in such plans; 5[(bb) the form in which an application under sub-section (3) of section 6A shall be made and the information to be furnished and the fees to be levied in respect of such application; (bbb) the manner in which inquiries may be held under sections 15 and 19;] (c) the form and manner in which applications for permission under sub-section (2) of section 19 shall be made and the fees to be levied in respect of such applications; (d) the procedure to be followed [5][and the factors to be taken into consideration] by the competent authority before granting or refusing to grant permission under section 19; 1. Section 36 renumbered as sub-section (1) thereof by Act 43 of 1964, s. 18 (w.e.f. 27-2-1965). 2. Ins. by s. 18, ibid. (w.e.f. 27-2-1965). 3. Ins. by s. 19, ibid. (w.e.f. 27-2-1965). 4. Subs. by Act 58 of 1960, s. 3 and the Second Schedule, for “him” (w.e.f. 26-12-1960). 5. Ins. by Act 43 of 1964, s. 20 (w.e.f. 27-2-1965). 15 ----- (e) the time within which an appeal may be preferred under [1][sub-section (7) of section 10 or section 20]; 2[(ee) the time within which a declaration may be filed under sub-section (1) or an intimation may be sent under sub-section (4) of section 20A and the fees, if any, to be levied in respect of such declaration; (eee) the time within which plans, estimates and other particulars referred to in sub-section (2) of section 20A may be furnished; (eeee) the procedure to be followed by the competent authority for fixing the provisional rent under sub-section (2) of section 20A; (eeeee) the manner in which the rent provisionally determined under section 20A shall be communicated to the tenants and owners; (eeeeee) the matters in respect of which provision may be made under sub-section (5) of section 20B;] (f) the officers and local authorities to whom powers may be delegated under section 36; and (g) any other matter which has to be, or may be, prescribed. 3[(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or [4][in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] THE SCHEDULE (See SECTION 15) _Principles for determination of the net average monthly income_ 1. The competent authority shall first determine the gross rent actually derived by the owner of the land acquired including any building on such land during the period of five consecutive years referred to in sub-section (1) of section 15. 2. For such determination the competent authority may hold any local inquiry and obtain, if necessary, certified copies of extracts from the property tax assessment books of the municipal or other local authority concerned showing the rental value of such land. 3. The net average monthly income referred to in sub-section (1) of section 15 shall be sixty per cent. of the average monthly gross rent which shall be one-sixtieth of the gross rent during the five consecutive years as determined by the competent authority under paragraph 1. 4. Forty per cent. of the gross monthly rental referred to above shall not be taken into consideration in determining the net average monthly income but shall be deducted in lieu of the expenditure which the owner of the land would normally incur for payment of any property tax to the municipal or other local authority, for collection charges, income-tax or bad debts as well as for works of repair and maintenance of the buildings, if any, on the land. 5.Where the land or any portion thereof has been unoccupied or the owner has not been in receipt of any rent for the occupation of the land during the whole or any part of the said period of five years, the gross rent shall be taken to be the income which the owner would in fact have derived if the land had been 1. Subs. by Act 43 of 1964, s. 20, for “section 20” (w.e.f. 27-2-1965). 2. Ins. by s. 20, ibid. (w.e.f. 27-2-1965). 3. Subs. by s. 20, ibid., for sub-section (3) (w.e.f. 27-2-1965). 4. Subs. by Act 4 of 1986, s. 52, for “in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following,” (w.e.f. 15-2-1986). 16 ----- leased out for rent during the said period, and for this purpose the rent actually derived from the land during a period prior or subsequent to the period during which it remained vacant or from similar land in the vicinity shall be taken into account. 17 -----

30-Dec-1956

105

The Women’s and Children’s Institutions (Licensing) Act, 1956.

https://www.indiacode.nic.in/bitstream/123456789/19281/1/a1956-105.pdf

central

# THE WOMEN’S AND CHILDREN’S INSTITUTIONS (LICENSING) ACT, 1956 __________ ARRANGEMENT OF SECTIONS ___________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Licensing of institutions. 4. Application for licence. 5. Grant of licence. 6. Licence not transferable. 7. Revocation of licence. 8. Appeals. 9. Penalty. 10. Act not to apply to certain institutions. 11. Power to make rules. 12. Repeal and savings. 1 ----- # THE WOMEN’S AND CHILDREN’S INSTITUTIONS (LICENSING) ACT, 1956 ACT NO. 105 OF 1956 [30th December, 1956.] # An Act to provide for the licensing of institutions for women and children and for matters incidental thereto. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:― **1. Short title, extent and commencement.―(1) This Act may be called the Women’s and Children’s** Institutions (Licensing) Act, 1956. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint. **2. Definitions.―In this Act, unless the context otherwise requires,―** (a) “child” means a boy or girl who has not completed the age of eighteen years; (b) “institution” means an institution established and maintained for the reception, care, protection and welfare of women or children; (c) “licensing authority” means the State Government or such officer or authority as may be prescribed; (d) “prescribed” means prescribed by rules made by the State Government under this Act; (e) “woman” means a female who has completed the age of eighteen years. **3. Licensing of institutions.―After the commencement of this Act, no person shall establish or** maintain an institution except under and in accordance with the conditions of a licence granted under this Act. **4. Application for licence.―Every person desiring to establish an institution shall make an** application to the licensing authority in such form and containing such particulars as may be prescribed: Provided that a person maintaining an institution at the commencement of this Act shall be allowed a period of three months from such commencement to make an application for a licence. **5. Grant of licence.―(1) On receipt of an application under section 4, the licensing authority, after** making such inquiry as it considers necessary, shall, by order in writing, either grant thelicence or refuse to grant it. (2) Where a licence is refused, the grounds for such refusal shall be communicated to the applicant in the prescribed manner. (3) A licence, unless sooner revoked, shall remain in force for such period as may be specified in the licence and may, on application made in this behalf sixty days before the date of its expiration, be renewed for such period as the licensing authority may deem proper: Provided that a licence may be renewed on an application made within sixty days before the date of its expiration if the licensing authority is satisfied that there was sufficient cause for not making the application earlier. (4) Every licence granted under this Act shall be in the prescribed form and shall be subject to such conditions as may be prescribed: Provided that any such condition may require that the management of an institution shall, wherever practicable, be entrusted to women. (5) No fee shall be charged for the grant of a licence under this Act. **6. Licence not transferable.―A licence granted under this Act shall not be transferable.** 2 ----- **7. Revocation of licence.―(1) Where any person to whom a licence has been granted under this Act,** or any agent or servant of such person commits a breach of any of the conditions thereof, or any of the provisions of this Act, or any of the rules made thereunder, or where the licensing authority is not satisfied with the condition, management or superintendence of an institution, the licensing authority may, without prejudice to any other penalty which may have been incurred under this Act, for reasons to be recorded, revoke the licence by order in writing: Provided that no such order shall be made until an opportunity is given to the holder of the licence to show cause why the licence should not be revoked. (2) Where a licence in respect of an institution has been revoked under the foregoing sub-section, such institution shall cease to function from the date of such revocation: Provided that where an appeal lies under section 8 against the order of revocation, such institution shall cease to function― (a) where no such appeal has been preferred, immediately on the expiration of the period prescribed for the filing of such appeal; (b) where such appeal has been preferred but the order of revocation has been upheld, from the date of the appellate order. (3) On the revocation of a licence in respect of an institution, the licensing authority may direct that any woman or child who is an inmate of such institution on the date of such revocation shall be― (a) restored to the custody of her or his parent, husband or lawful guardian, as the case may be; or (b) transferred to another institution. **8. Appeals.―(1) Where the licensing authority is other than the State Government, any person** aggrieved by an order of the licensing authority refusing to grant a licence or revoking a licence, may within such period as may be prescribed, prefer an appeal to the State Government against such refusal or revocation. (2) The order of the State Government on such appeal and subject only to such order, the order of the licensing authority shall be final. **9. Penalty.―Any person who contravenes any of the provisions of this Act or of any rule made** thereunder, or any of the conditions of a licence shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both. **10. Act not to apply to certain institutions.―Nothing in this Act shall apply to―** (a) hostels, or boarding houses attached to, or controlled or recognised by educational institutions; or (b) any protective home established under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956). **11. Power to make rules.―(1) The State Government may, by notification in the Official Gazette,** make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for― (a) the form of application for licence and the particulars to be contained therein; (b) the form of licence and the conditions subject to which such licence may be granted; (c) the management of institutions; (d) the reception, care, protection and welfare of women and children in institutions, including all matters relating to their diet, clothing, accommodation, training and general conduct; (e) the inspection of institutions; 3 ----- (f) the maintenance of registers and account and submission of returns and audit of such accounts; (g) the discharge from institutions of women and children and their transfer from one institution to another; (h) the manner of filing appeals under this Act and the time within which such appeals shall be filed; (i) the manner of service of orders and notices Under this Act; (j) any other matter which is to be or may be prescribed. **12. Repeal and savings.―(1) As from the date of commencement in any State of this Act, any State** Act corresponding to this Act in force in that State immediately before such commencement shall stand repealed. (2) Notwithstanding the repeal by this Act of any State Act referred to in sub-section (1), anything done or any action taken (including any direction given, any register, rule or order made or any restriction imposed) under the provisions of such State Act shall in so far as such thing or action is not inconsistent with the provisions of this Act be deemed to have been done or taken under the provisions of this Act as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this Act. _Explanation.―In this section, the expression “State Act” includes a “Provincial Act”._ 4 -----

30-Dec-1956

104

The Immoral Traffic (Prevention) Act, 1956

https://www.indiacode.nic.in/bitstream/123456789/19243/1/a1956-104.pdf

central

# THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956 _________ # ARRANGEMENT OF SECTIONS # _______ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 2A. [Omitted]. 3. Punishment for keeping a brothel or allowing premises to be used as a brothel. 4. Punishment for living on the earnings of prostitution. 5. Procuring, inducing or taking person for the sake of prostitution. 6. Detaining a person in premises where prostitution is carried on. 7. Prostitution in or in the vicinity of public places. 8. Seducing or soliciting for purpose of prostitution. 9. Seduction of a person in custody. 10. [Omitted.] 10A. Detention in a corrective institution. 11. Notification of address of previously convicted offenders. 12. [Omitted.] 13. Special police officer and advisory body. 14. Offences to be cognizable. 15. Search without warrant. 16. Rescue of person. 17. Intermediate custody of persons removed under section 15 or rescued under section 16. 17A. Conditions to be observed before placing persons rescued under section 16 to parents or guardians. 18. Closure of brothel and eviction of offenders from the premises. 19. Application for being kept in a protective home or provided care and protection by court. 20. Removal of prostitute from any place. 21. Protective homes. 21A. Production of records. 22. Trials. 22A. Power to establish special courts. 22AA. Power of Central Government to establish special courts. 22B.Power of Court to try cases summarily. 23. Power to make rules. 24. Act not to be in derogation of certain other Acts. 25. Repeal and savings. THE SCHEDULE. 1 ----- # THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956 # ACT NO. 104 OF 1956[1] [30th December, 1956.] # An Act to provide in pursuance of the International Convention signed at New York on the 9th day of May, 1950, for [2][the Prevention of Immoral Traffic]. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called [3][the Immoral Traffic** (Prevention)] Act, 1956. (2) It extends to the whole of India. (3) This section shall come into force at once; and the remaining provisions of this Act shall come into force on such date[4] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “brothel” includes any house, room [5][, conveyance] or place or any portion of any house, room [5][, conveyance] or place, which is used for purposes [6][of sexual exploitation or abuse] for the gain of another person or for the mutual gain of two or more prostitutes; 7[(aa) “child” means a person who has not completed the age of sixteen years;] 5[8[(b)]“corrective institution” means an institution, by whatever name called (being an institution established or licensed as such under section 21), in which [9][persons], who are in need of correction, may be detained under this Act, and includes a shelter where [10][undertrials] may be kept in pursuance of this Act;] 11* - - - 12[(c) “magistrate” means a magistrate specified in the second column of the Schedule as being competent to exercise the powers conferred by the section in which the expression occours and which is specified in the first column of the Schedule;] 7[(ca) “major” means a person who has completed the age of eighteen years; (cb) “minor” means a person who has completed the age of sixteen years but has not completed the age of eighteen years;] (d) “prescribed” means prescribed by rules made under this Act; 13* - - - 1.This Act has been extended to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and First Schedule, to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule and to the Union Territory of Pondicherry by Act 26 of 1968, s. 3 and Schedule. 2. Subs. by Act 44 of 1986, s. 2 for “the suppression of immoral traffic in women and girls” (w.e.f. 26-1-1987). 3. Subs. s. 3, ibid.,for “the Suppression of Immoral Traffic in Women and Girls” (w.e.f. 26-1-1987). 4. 1st May, 1958, vide notification No. G.S.R. 269, dated 16th April, 1958, see Gazette of India, Part II, sec. 3(i). 5. Ins. by Act 46 of 1978, s. 2 (w.e.f. 2-10-1979). 6. Subs. by Act 44 of 1986, s. 5, for “prostitution” (w.e.f. 26-1-1987). 7. Ins. by s. 5, ibid. (w.e.f. 26-1-1987). 8. Clause (aa) relettered as Clause (b) by s. 5, ibid. (w.e.f. 26-1-1987). 9. Subs. by s. 4, ibid., for “women and girls” (w.e.f. 26-1-1987). 10. Subs. by s. 5, ibid., for “female undertrials” (w.e.f. 26-1-1987). 11. Omitted by s. 5, ibid. (w.e.f. 26-1-1987). 12. Subs. by Act 46 of 1978, s. 2, for clause (c) (w.e.f. 26-1-1987). 13. Omitted s. 2, ibid. (w.e.f. 26-1-1987). 2 ----- 1[2[(f) “prostitution” means the sexual exploitation or abuse of persons for commercial purpose, and the expression “prostitute” shall be construed accordingly;] (g) “protective home” means an institution, by whatever name called (being an institution established or licensed as such under section 21), in which [3][persons], who are in need of care and protection, may be kept under this Act [4][and where appropriate technically qualified persons, equipment and other facilities have been provided,] but does not include— (i) a shelter where [5][undertrials] may be kept in pursuance of this Act, or (ii) a corrective institution;] (h) “public place” means any place intended for use by, or accessible to, the public and includes any public conveyance; (i) “special police officer” means a police officer appointed by or on behalf of the State Government to be in charge of police duties within a specified area for the purpose of this Act; 6[(j) “trafficking police officer” means a police officer appointed by the Central Government under sub-section (4), of section 13.] **7[2A. Rule of construction regarding enactments not extending to Jammu and Kashmir.]—** _Omitted_ _by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification_ _No. S.O. 1123(E)_ _dated (18-3-2020) and_ _Vide Union Territory of Ladakh Reorganisation_ # (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). **3. Punishment for keeping a brothel or allowing premises to be used as a brothel.—(1) Any** person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees. (2) Any person who— (a) being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to use, such premises or any part thereof as a brothel, or (b) being the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof is intended to be used as a brothel, or is wilfully a party to the use of such premises or any part thereof as a brothel, shall be punishable on first conviction with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with fine. 8[(2A) For the purposes of sub-section (2), it shall be presumed, until the contrary is proved, that any person referred to in clause (a) or clause (b) of that sub-section, is knowingly allowing the premises or any part thereof to be used as a brothel or, as the case may be, has knowledge that the premises or any part thereof are beig used as a brothel, if,— (a) a report is published in a newspaper having circulation in the area in which such person resides to the effect that the premises or any part thereof have been found to be used for prostitution as a result of a search made under this Act; or 1. Subs. by Act 46 of 1978, s. 2, for clauses (f) and (g) (w.e.f. 2-10-1979). 2. Subs. by Act 44 of 1986, s. 5, for clause (f) (w.e.f. 26-1-1987). 3. Subs. by s. 2, ibid., for “women and girls” (w.e.f. 26-1-1987). 4. Ins. by s. 5, ibid. (w.e.f. 26-1-1987). 5. Subs. by s. 5, ibid., for “female undertrials” (w.e.f. 26-1-1987). 6. Subs. by s. 5, ibid., for clause (j) (w.e.f. 26-1-1987). 7. Ins. by Act 46 of 1978, s. 3 (w.e.f. 2-10-1979). 8. Ins. by Act 44 of 1986, s. 6 (w.e.f. 26-1-1987). 3 ----- (b) a copy of the list of all things found during the search referred to in clause (a) is given to such person.] (3) Notwithstanding anything contained in any other law for the time being in force, on conviction of any person referred to in clause (a) or clause (b) of sub-section (2) of any offence under that sub-section in respect of any premises or any part thereof, any lease or agreement under which such premises have been leased out or are held or occupied at the time of the commission of the offence, shall become void and inoperative with effect from the date of the said conviction. **4. Punishment for living on the earnings of prostitution.—(1) Any person over the age of eighteen** yearswho knowingly lives, wholly or in part, on the earnings of the prostitution of [1][any other person] shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both [2][and where such earnings relate to the prostitution of a child or a minor, shall be punishable with imprisonment for a term of not less than seven years and not more than ten years]. 3[(2) Where any person over the age of eighteen years is proved— (a) to be living with, or to be habitually in the company of, a prostitute; or (b) to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution; or (c) to be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person is knowingly living on the earnings of prostitution of another person within the meaning of sub-section (1).] **5. Procuring, inducing or taking [4][person] for the sake of prostitution.—(1) any person who—** [(a) procures or attempts to procure a [4][person], whether with or without his consent, for the](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196066&iActID=4897#s5f1) purpose of prostitution; or [(b) induces a [4][person] to go from any place, with the intent that he may for the purpose of](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196066&iActID=4897#s5f1) prostitution become the inmate of, or frequent, a brothel; or [(c) takes or attempts to take a [4][person], or causes a [4][person] to be taken, from one place to](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196066&iActID=4897#s5f1) another with a view to his carrying on, or being brought up to carry on prostitution; or [(d) causes or induces a [4][person] to carry on prostitution;](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196066&iActID=4897#s5f1) 5[shall be punishable on conviction with rigorous imprisonment for a term of not less than three years and not more than seven years and also with fine which may extend to two thousand rupees and if any offence under this sub-section is committed against the will of any person, the punishment of imprisonment for a term of seven years shall extend to imprisonment for a term of fourteen years: Provided that if the person in respect of whom an offence committed under this sub-section,— (i) is a child, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years but may extend to life; and (ii) is a minor, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years and not more than fourteen years;] 6* - - - 1. Subs. by Act 44 of 1986, s. 7, for “a woman or girl” (w.e.f. 26-1-1987). 2. Ins. by s. 7, ibid. (w.e.f. 26-1-1987). 3. Subs. by Act 46 of 1978, s. 4, for section 4 (w.e.f. 2-10-1979). 4. Subs. by Act 44 of 1986, s. 4, for “women or girl” (w.e.f. 26-1-1987). 5. Subs. by s. 8, ibid., for certain words (w.e.f. 26-1-1987). 6. Omitted by s. 8, ibid. (w.e.f. 26-1-1987). 4 ----- (3) An offence under this section shall be triable— (a) in the place from which a [1][person] is procured, induced to go, taken or caused to be taken or [from which an attempt to procure or take such [1][person] is made; or](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196066&iActID=4897#s5f2) (b) in the place to which he may have gone as a result of the inducement or to which he is taken or caused to be taken or an attempt to take him is made. **6. Detaining a** [1][person] in premises where prostitution is carried on.—(1) Any person who detains [2][any other person, whether with or without his consent],— (a) in any brothel, or (b) in or upon any premises with intent [3][that such person may have sexual intercourse with a person who is not the spouse of such person], shall be punishable [4][on conviction, with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years]. 5[(2) Where any person is found with a child in a brothel, it shall be presumed, unless the contrary is proved, that he has committed an offence under sub-section (1). (2A) Where a child or minor found in a brothel, is, on medical examination, detected to have been sexually abused, it shall be presumed, unless the contrary is proved, that the child or minor has been detained for purposes of prostitution or, as the case may be, has been sexually exploited for commercial purposes.] (3) A person shall be presumed to detain a woman or girl in a brothel or in or upon any premises for the purpose of sexual intercourse with a man other than her lawful husband, if such person, with intent to compel or induce her to remain there,— (a) withholds from her any jewellery, wearing apparel, money or other property belonging to her, or (b) threatens her with legal proceedings if she takes away with her any jewellery, wearing apparel, money or other property lent or supplied to her by or by the direction of such person. (4) Notwithstanding any law to the contrary, no suit, prosecution or other legal proceeding shall lie against such woman or girl at the instance of the person by whom she has been detained, for the recovery of any jewellery, wearing apparel or other property alleged to have been lent or supplied to or for such woman or girl or to have been pledged by such woman or girl or for the recovery of any money alleged to be payable by such woman or girl. **7. Prostitution in or in the vicinity of public places.—[6][(1) Any [1][person], who carries on prostitution** and the person with whom such prostitution is carried on, in any premises,— (a) which are within the area or areas, notified under sub-section (3), or (b) which are within a distance of two hundred metres of any place of public religious worship, educational institution, hostel, hospital, nursing home or such other public place of any kind as may be notified in this behalf by the Commissioner of Police or magistrate in the manner prescribed, shall be punishable with imprisonment for a term which may extend to three months.] 1. Subs. by Act 44 of 1986, s. 4, for “woman or girl” (w.e.f. 26-1-1987). 2. Subs. by s. 9, ibid., for “any woman or girl, whether with or without his consent” (w.e.f. 26-1-1987). 3. Subs. by s. 9, ibid., for “that she may have sexual intercourse with any man other than her lawful husband” (w.e.f. 26-1-1987). 4. Subs. by s. 9, ibid., for certain words (w.e.f. 26-1-1987). 5. Subs. by s. 9, ibid., for sub-section (2) (w.e.f. 26-1-1987). 6. Subs. by Act 46 of 1978, s. 5, for sub-section (1) (w.e.f. 2-10-1979). 5 ----- 1[(1A) Where an offence committed under sub-section (1) is in respect of a child or minor, the person committing the offence shall be punishable with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.] (2) Any person who— (a) being the keeper of any public place knowingly permits prostitutes for purposes of their trade to resort to or remain in such place; or (b) being the tenant, lessee, occupier or person in charge of any premises referred to in sub section (1) knowingly permits the same or any part thereof to be used for prostitution; or (c) being the owner, lessor or landlord, of any premises referred to in sub-section (1), or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof may be used for prostitution, or is wilfully a party to such use, shall be punishable on first conviction with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both, and in the event of a second or subsequent conviction with imprisonment for a term which may extend to six months and also with fine [2][which may extend to two hundred rupees, and if the public place or premises happen to be a hotel, the licence for carrying on the business of such hotel under any law for the time being in force shall also be liable to be suspended for a period of not less than three months but which may extend to one year: Provided that if an offence committed under this sub-section is in respect of a child or minor in a hotel, such licence shall also be liable to be cancelled. _Explanation.—For the purposes of this sub-section, “hotel” shall have the meaning an in clause (6) of_ section 2 of the Hotel-Receipts Tax Act, 1980 (54 of 1980).] 3[(3) The State Government may, having regard to the kinds of persons frequenting any area or areas in the State, the nature and the density of population therein and other relevant considerations, by notification in the Official Gazette, direct that prostitution shall not be carried on in such area or areas as may be specified in the notification. (4) Where a notification is issued under sub-section (3) in respect of any area or areas, the State Government shall define the limits of such area or areas in the notification with reasonable certainty. (5) No such notification shall be issued so as to have effect from a date earlier than the expiry of a period of ninety days after the date on which it is issued.] **8. Seducing or soliciting for purpose of prostitution.—Whoever, in any public place or within sight** of, and in such manner as to be seen or heard from any public place, whether from within any building or house or not— (a) by words, gestures, wilful exposure of her person (whether by sitting by a window or on the balcony of a building or house or in any other way), or otherwise tempts or endeavours to tempt, or attracts or endeavours to attract the attention of, any person for the purpose of prostitution; or (b) solicits or molests any person, or loiters or acts in such manner as to cause obstruction or annoyance to persons residing nearby or passing by such public place or to offend against public decency, for the purpose of prostitution, shall be punishable on first conviction with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and in the event of a second or 1. Ins. by Act 44 of 1986, s. 10 (w.e.f. 26-1-1987). 2. Subs. by s. 10, ibid., for “which may extend to two hundred rupees” (w.e.f. 26-1-1987). 3. Ins. by Act 46 of 1978, s. 5 (w.e.f. 2-10-1979). 6 ----- subsequent conviction, with imprisonment for a term which may extend to one year, and also with fine which may extend to five hundred rupees: 1[Provided that where an offence under this section is committed by a man, he shall be punishable with imprisonment for a period of not less than seven days but which may extend to three months.] **9. Seduction of a [2][person] in custody.—[3]*** Any person who [4][having the custody, charge or care** of, or a position of authority over, any [2][person], causes or aids or abets the seduction for prostitution of [that [2][person], [5][shall be punishable on conviction with imprisonment of either description for a term](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196070&iActID=4897#s9f1) which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years]. 6* - - - **7[10. [Release on probation of good conduct or after due admonition.] Omitted by the Suppression of** _Immoral Traffic in Women and Girls (Amendment) Act, 1986 (44 of 1986), s. 13 (w.e.f. 26-1-1987)._ **10A. Detention in a corrective institution.—(1) Where—** (a) a female offender is found guilty of an offence under section 7 or section 8, [8]***; and (b) the character, state of health and mental condition of the offender and the other circumstances of the case are such that it is expedient that she should be subject to detention for such term and such instruction and discipline as are conducive to her correction, it shall be lawful for the court to pass, in lieu of a sentence of imprisonment, an order for detention in a corrective institution for such term, not being less than two years and not being more than five years, as the court thinks fit: Provided that before passing such an order— (i) the court shall give an opportunity to the offender to be heard and shall also consider any representation which the offender may make to the court as to the suitability of the case for treatment in such an institution, as also the report of the probation officer appointed under the Probation of Offenders Act, 1958 (20 of 1958); and (ii) the court shall record that it is satisfied that the character, state of health and mental condition of the offender and the other circumstances of the case are such that the offender is likely to benefit by such instruction and discipline as aforesaid. (2) Subject to the provisions of sub-section (3), the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to appeal, reference and revision and of the Limitation Act, 1963 (36 of 1963), as to the period within which an appeal shall be filed, shall apply in relation to an order of detention under sub-section (1) as if the order had been a sentence of imprisonment for the same period as the period for which the detention was ordered. (3) Subject to such rules as may be made in this behalf, the State Government or authority, authorised in this behalf may, at any time after the expiration of six months from the date of an order for detention in a corrective institution, if it is satisfied that there is a reasonable probability that the offender will lead a useful and industrious life, discharge her from such an institution, without condition or with such conditions as may be considered fit, and grant her a written licence in such form as may be prescribed. 1. Proviso added by Act 44 of 1986, s. 11 (w.e.f. 26-1-1987). 2. Subs. by s. 4, ibid., for “woman or girl” (w.e.f. 26-1-1987). 3. Brackets and figure “(1)” omitted by s. 12, ibid. (w.e.f. 26-1-1987). 4. Subs. by Act 46 of 1978, s. 6, for certain words (w.e.f. 2-10-1979). 5. Subs. by Act 44 of 1986, s. 12, for certain words (w.e.f. 26-1-1987). 6. Omitted by s. 12, ibid. (w.e.f. 26-1-1987). 7. Subs. by Act 46 of 1978, s. 7, for section 10 (w.e.f. 2-10-1979). 8. The words, brackets and figures “and is not released under sub-section (1) or sub-section (2) of section 10” omitted byAct 44 of 1986, s. 14, (w.e.f. 26-1-1987). 7 ----- (4) The conditions on which an offender is discharged under sub-section (3), may include requirements relating to residence of the offender and supervision over the offender's activities and movements.] **11. Notification of address of previously convicted offenders.—(1) When any person having been** convicted— (a) by a court in India of an offence punishable under this Act or punishable under section 363, section 365, section 366, section 366A, section 366B, section 367, section 368, section 370, section 371, section 372 or section 373 of the Indian Penal Code (45 of 1860), with imprisonment for a term of two years or upwards; or (b) by a court or tribunal in any other country of an offence which would, if committed in India, have been punishable under this Act or under any of the aforesaid sections with imprisonment for a like term, is within a period of five years after release from prison, again convicted of any offence punishable under this Act or under any of those sections with imprisonment for a term of two years or upwards by a court, such court may, if it thinks fit, at the time of passing the sentence of imprisonment on such person, also order that his residence, and any change of, or absence from such residence after release be notified according to rules made under section 23 for a period not exceeding five years from the date of expiration of that sentence. (2) If such conviction is set aside on appeal or otherwise, such order shall become void. (3) An order under this section may also be made by an Appellate Court or by the High Court when exercising its powers of revision. (4) Any person charged with a breach of any rule referred to in sub-section (1) may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified, as his residence is situated. **12. [Security for good behaviour from habitual offenders.]** _Omitted by the Suppression of Immoral_ _Traffic in Women and Girls (Amendment) Act, 1986 (44 of 1986) s. 13 (w.e.f. 26-1-1987).]_ **13. Special police officer and advisory body.—(1) There shall be for each area to be specified by** the State Government in this behalf a special police officer appointed by or on behalf of that Government, for dealing with offences under this Act in that area. 1[(2) The special police officer shall not be below the rank of an Inspector of Police. (2A) The District Magistrate may, if he considers it necessary or expedient so to do, confer upon any retired police or military officer all or any of the powers conferred by or under this Act on a special police officer, with respect to particular cases or classes of cases or to cases generally: Provided that no such power shall be conferred on,— (a) a retired police officer unless such officer, at the time of his retirement, was holding a post not below the rank of an inspector; (b) a retired military officer unless such officer, at the time of his retirement, was holding a post not below the rank of a commissioned officer.] (3) For the efficient discharge of his functions in relation to offences under this Act,— (a) the special police officer of an area shall be assisted by such number of subordinate police officers (including women police officers wherever practicable) as the State Government may think fit; and (b) the State Government may associate with the special police officer a non-official advisory body consisting of not more than five leading social welfare workers of that area (including women social welfare workers wherever practicable) to advise him on questions of general importance regarding the working of this Act. 1. Subs. by Act 46 of 1978, s. 9, for sub-section (2) (w.e.f. 2-10-1979). 8 ----- 1[(4) The Central Government may, for the purpose of investigating any offence under this Act or under any other law for the time being in force dealing with sexual exploitation of persons and committed in more than one State, a point such number of police officers as trafficking police officers and they shall exercise all the powers and discharge all the functions as are exercisable by special police officers under this Act with the modification that they shall exercise such powers and discharge such functions in relation to the whole of India.] **14. Offences to be cognizable.—Notwithstanding anything contained in [2][the Code of Criminal** Procedure, 1973 (2 of 1974)], any offence punishable under this Act shall be deemed to be a cognizable offence within the meaning of that Code: Provided that, notwithstanding anything contained in that Code,— (i) arrest without warrant may be made only by the special police officer or under his direction or guidance, or subject to his prior approval; (ii) when the special police officer requires any officer subordinate to him to arrest without warrant otherwise than in his presence any person for an offence under this Act, he shall give that subordinate officer an order in writing, specifying the person to be arrested and the offence for which the arrest is being made; and the latter officer, before arresting the person, shall inform him of the substance of the order and, on being required by such person, show him the order; (iii) any police officer not below the rank of [3][sub-inspector] specially authorised by the special police officer may, if he has reason to believe that on account of delay involved in obtaining the order of the special police officer, any valuable evidence relating to any offence under this Act is likely to be destroyed or concealed, or the person who has committed or is suspected to have committed the offence is likely to escape, or if the name and address of such a person is unknown or there is reason to suspect that a false name or address has been given, arrest the person concerned without such order, but in such a case he shall report, as soon as may be, to the special police officer the arrest and the circumstances in which the arrest was made. **15. Search without warrant.—(1) Notwithstanding anything contained in any other law for the time** being in force, whenever the special police officer [4][or the trafficking police officer, as the case may be,] has reasonable grounds for believing that an offence punishable under this Act has been or is being committed in respect of a [5][person] living in any premises, and that search of the premises with warrant cannot be made without undue delay, such officer may, after recording the grounds of his belief, enter and search such premises without a warrant. [(2) Before making a search under sub-section (1), the special police officer [4][or the trafficking police](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196077&iActID=4897#s15f1) officer, as the case may be,] shall call upon two or more respectable inhabitants (at least one of whom shall be a woman) of the locality in which the place to be searched is situate, to attend and witness the search, and may issue an order in writing to them or any of them so to do: 6[Provided that the requirement as to the respectable inhabitants being from the locality in which the place to be searched is situate shall not apply to a woman required to attend and witness the search.] (3) Any person who, without reasonable cause, refuses or neglects, to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860). 7[(4) The special police officer or the trafficking police officer, as the case may be, entering any premises under sub-section (1) shall be entitled to remove therefrom all the persons found therein.] 1. Ins. by Act 44 of 1986, s. 15 (w.e.f. 26-1-1987). 2. Subs. by Act 46 of 1978, s. 10, for certain words (w.e.f. 2-10-1979). 3. Subs. by s. 10, ibid., for “inspector” (w.e.f. 2-10-1979). 4. Ins. by Act 44 of 1986, s. 16 (w.e.f. 26-1-1987). 5. Subs. by s. 4, ibid., for “women or girl” (w.e.f. 26-1-1987). 6. Ins. by Act 46 of 1978, s. 11 (w.e.f. 2-10-1979). 7. Subs. by Act 44 of 1986, s. 16, for sub-section (4) (w.e.f. 26-1-1987). 9 ----- (5) The special police officer [1][or the trafficking police officer, as the case may be,] after removing [2][the [3][person]] under sub-section (4) shall forthwith produce him before the appropriate magistrate. 1[(5A) Any person who is produced before a magistrate under sub-section (5), shall be examined by a registered medical practitioner for the purposes of determination of the age of such person, or for the detection of any injuries as a result of sexual abuse or for the presence of any sexually transmitted diseases. _Explanation.—In this sub-section, “registered medical practitioner” has the same meaning as in the_ Indian Medical Council Act, 1956 (102 of 1956).] [(6) The special police officer [1][or the trafficking police officer, as the case may be,] and other persons](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196077&iActID=4897#s15f1) taking part in, or attending, and witnessing a search shall not be liable to any civil or criminal proceedings against them in respect of anything lawfully done in connection with, or for the purpose of, the search. 1[(6A) The special police officer or the trafficking police officer, as the case may be, making a search under this section shall be accompanied by at least two women police officers, and where any woman or girl removed under sub-section (4) is required to be interrogated, it shall be done by a woman police officer and if no woman police officer is available, the interrogation shall be done only in the presence of a lady member of a recognised welfare institution or organisation. _Explanation.—For the purpose of this sub-section and section 17A,“recognised welfare institution or_ organisation” means such institution or organisation as may be recognised in this behalf by the State Government.] 4[(7) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to any search under this section as they apply to any search made under the authority of a warrant issued under section 94 of the said Code.] **5[16. Rescue of 3[person].—(1) Where a magistrate has reason to believe from information received** from the police or from any other person authorised by the State Government in this behalf or otherwise, that [6][any person is living, or is carrying on, or is being made to carry on, prostitution in a brothel,] he may direct a police officer not below the rank of a sub-inspector, to enter such brothel, and to remove therefrom such [3][person] and produce him before him. [(2) The police officer, after removing the [3][person], shall forthwith produce him before the magistrate](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196078&iActID=4897#s16f1) issuing the order.] **17. Intermediate custody of [7][persons] removed under section 15 or rescued under section 16.—** (1) When the special police officer removing a [3][person] under sub-section (4) of section 15 or a police [officer rescuing a [3][person] under sub-section (1) of section 16, is for any reason unable to produce him](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196079&iActID=4897#s17f3) before the appropriate magistrate as required by sub-section (5) of section 15, or before the magistrate issuing the order under sub-section (2) of section 16, he shall forthwith produce him before the nearest magistrate of any class, who shall pass such orders as he deems proper for his safe custody until he is produced before the appropriate magistrate, or, as the case may be, the magistrate issuing the order: [Provided that no [3][person] shall be—](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196079&iActID=4897#s17f3) (i) detained in custody under this sub-section for a period exceeding ten days from the date of the order under this sub-section; or (ii) restored to or placed in the custody of a person who may exercise a harmful influence over him. 1. Ins. by Act 44 of 1986, s. 16 (w.e.f. 26-1-1987). 2. Subs. by Act 46 of 1978, s. 11, for “the girl” (w.e.f. 2-10-1979). 3. Subs. by Act 44 of 1986, s. 4, for “woman or girl” (w.e.f. 26-1-1987). 4. Ins. by Act 46 of 1978, s. 11 (w.e.f. 2-10-1979). 5. Subs. by Act 46 of 1978, s. 12, for sections 16 and 17 (w.e.f. 2-10-1979). 6. Subs. by Act 44 of 1986, s. 17, for clause (a) and (b) (w.e.f. 26-1-1987). 7. Subs. s. 4, ibid., for “women and girls” (w.e.f. 26-1-1987). 10 ----- (2) When the [1][person] is produced before the appropriate magistrate under sub-section (5) of section 15 or the magistrate under sub-section (2) of section 16, he shall, after giving him an opportunity of being heard, cause an inquiry to be made as to the correctness of the information received under sub-section (1) [of section 16, the age, character and antecedents of the [1][person] and the suitability of his parents,](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196079&iActID=4897#s17f3) guardian or husband for taking charge of him and the nature of the influence which the conditions in his home are likely to have on him if he is sent home, and, for this purpose, he may direct a probation officer appointed under the Probation of Offenders Act, 1958 (20 of 1958), to inquire into the above [circumstances and into the personality of the [1][person] and the prospects of his rehabilitation.](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196079&iActID=4897#s17f3) (3) The magistrate may, while an inquiry is made into a case under sub-section (2), pass such orders [as he deems proper for the safe custody of the [1][person]:](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196079&iActID=4897#s17f3) 2[Provided that where a person rescued under section 16 is a child or minor, it shall be open to the magistrate to place such child or minor in any institution established or recognised under any Children Act, for the time being in force in any State for the safe custody of children: [Provided further that,] no [1][person] shall be kept in custody for this purpose for a period exceeding](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196079&iActID=4897#s17f3) [three weeks from the date of such an order, and no [1][person] shall be kept in the custody of a person likely](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196079&iActID=4897#s17f3) to have a hurmful influence over him. (4) Where the magistrate is satisfied, after making an inquiry as required under sub-section (2),— (a) that the information received is correct; and (b) that he is in need of care and protection, [he may, subject to the provisions of sub-section (5), make an order that such [1][person] be detained for](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196079&iActID=4897#s17f3) such period, being not less than one year and not more than three years, as may be specified in the order, in a protective home, or in such other custody as he shall, for reasons to be recorded in writing, consider suitable: Provided that such custody shall not be that of a person or body of persons of a religious persuasion [different from that of the [1][person] and that those entrusted with the custody of the [1][person] including the](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196079&iActID=4897#s17f3) persons in charge of a protective home, may be required to enter into a bond which may, were necessary and feasible, contain undertakings based on directions relating to the proper care, guardianship, education, [training and medical and psychiatric treatment of the [1][person] as well as supervision by a person](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196079&iActID=4897#s17f3) appointed by the court, which will be in force for a period, not exceeding three years. (5) In discharging his functions under sub-section (2), a magistrate may summon a panel of five respectable persons, three of whom shall, wherever practicable, be women, to assist him; and may, for this purpose, keep a list of experienced social welfare workers, particularly women social welfare workers, in the field of suppression of immoral traffic in [3][persons]. (6) An appeal against an order made under sub-section (4) shall lie to the Court of Session whose decision on such appeal shall be final.] **4[17A. Conditions to be observed before placing persons rescued under section 16 to parents or** **guardians.—Notwithstanding anything contained in sub-section (2) of section 17, the magistrate making** an inquiry under section 17 may, before passing an order for handing over any person rescued under section 16 to the parents, guardian or husband, satisfy himself about the capacity or genuineness of the parents, guardian or husband to keep such person by causing an investigation to be made by a recognised welfare institution or organisation.] **18. Closure of brothel and eviction of offenders from the premises.—(1) A magistrate may, on** receipt of information from the police or otherwise, that any house, room, place or any portion thereof within a distance of [5][two hundred metres] of any public place referred to in sub-section (1) of section 7, is being run or used as a brothel by any person or is being used by prostitutes for carrying on 1. Subs. by Act 44 of 1986, s. 4, for “woman or girl” (w.e.f. 26-1-1987). 2. Subs. by s. 18, ibid., “Provide that” (w.e.f. 26-1-1987). 3. Subs. by s. 4, ibid., for “women and girls” (w.e.f. 26-1-1987). 4. Ins. by s. 19, ibid. (w.e.f. 26-1-1987). 5. Subs. by Act 46 of 1978, s. 13, for “two hundred yards” (w.e.f. 2-10-1979). 11 ----- their trade, issue notice on the owner, lessor or landlord of such house, room, place or portion or the agent of the owner, lessor or landlord or on the tenant, lessee, occupier of, or any other person incharge of such house, room, place, or portion, to show cause within seven days of the receipt of the notice why the same should not be attached for improper user thereof; and if, after hearing the person concerned, the magistrate is satisfied that the house, room, place or portion is being used as a brothel or for carrying on prostitution, then the magistrate may pass orders— (a) directing eviction of the occupier within seven days of the passing of the order from the house, room, place or portion; (b) directing that before letting it out during the period of one year [1][or in a case where a child or minor has been found in such house, room, place or portion during a search under section 15, during the period of three years], immediately after the passing of the order, the owner, lessor or landlord or the agent of the owner, lessor or landlord shall obtain the previous approval of the magistrate: Provided that, if the magistrate finds that the owner, lessor or landlord as well as the agent of the owner, lessor or landlord, was innocent of the improper user of the house, room, place or portion, he may cause the same to be restored to the owner, lessor or landlord, or the agent of the owner, lessor or landlord, with a direction that the house, room, place or portion shall not be leased out, or otherwise given possession of, to or for the benefit of the person who was allowing the improper user therein. (2) A court convicting a person of any offence under section 3 or section 7 may pass order under sub section (1) without further notice to such person to show cause as required in that sub-section. (3) Orders passed by the magistrate or court under sub-section (1) or sub-section (2) shall not be subject to appeal and shall not be stayed or set aside by the order of any court, civil or criminal and the said orders shall cease to have validity after the [2][expiry of one year or three years, as the case may be]: Provided that where a conviction under section 3 or section 7 is set aside on appeal on the ground that such house, room, place or any portion thereof is not being run or used as a brothel or is not being used by prostitutes for carrying on their trade, any order passed by the trial court under sub-section (1) shall also be set aside. (4) Notwithstanding anything contained in any other law for the time being in force, when a magistrate passes an order under sub-section (1), or a court passes an order under sub-section (2), any lease or agreement under which the house, room, place or portion is occupied at the time, shall become void and inoperative. (5) When an owner, lessor or landlord, or the agent of such owner, lessor or landlord fails to comply with a direction given under clause (b) of sub-section (1), he shall be punishable with fine which may extend to five hundred rupees or when he fails to comply with a direction under the proviso to that subsection, he shall be deemed to have committed an offence under clause (b) of sub-section (2) of section 3 or clause (c) of sub-section (2) of section 7, as the case may be, and punished accordingly. **3[19. Application for being kept in a protective home or provided care and protection by** **court.—(1) A [4][person] who is carrying on, or is being made to carry on, prostitution, may make an** application, to the magistrate within the local limits of whose jurisdiction he is carrying on, or is being made to carry on prostitution, for an order that he may be— (a) kept in a protective home, or (b) provided care and protection by the court in the manner specified in sub-section (3). [(2) The magistrate may, pending inquiry under sub-section (3), direct that the [4][person] be kept in](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196082&iActID=4897#s19f2) such custody as he may consider proper, having regard to the circumstances of the case. 1. Ins. by Act 44 of 1986, s. 20 (w.e.f. 26-1-1987). 2. Subs. by s. 20, ibid., for “expiry of one year” (w.e.f. 26-1-1987). 3. Subs. by Act 46 of 1978, s. 14, for section 19 (w.e.f. 2-10-1979). 4. Subs. by Act 44 of 1986, s. 4, for “woman or girl” (w.e.f. 26-1-1987). 12 ----- (3) If the magistrate, after hearing the applicant and making such inquiry as he may consider necessary, including an inquiry by a probation officer appointed under the Probation of Offenders Act, 1958 (20 of 1958), into the personality, conditions of home and prospects of rehabilitation of the applicant, is satisfied that an order should be made under this section, he shall, for reasons to be recorded, make an order that the applicant be kept,— (i) in a protective home, or (ii) in a corrective institution, or (iii) under the supervision of a person appointed by the magistrate, for such period as may be specified in the order.] **20. Removal of prostitute from any place.—(1) A magistrate on receiving information that** any [1][person] residing in or frequenting any place within the local limits of his jurisdiction, is a prostitute, [may record the substance of the information received and issue a notice to such [1][person] requiring him to](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196083&iActID=4897#s20f1) appear before the magistrate and show cause why he should not be required to remove himself from the place and be prohibited from re-entering it. (2) Every notice issued under sub-section (1) shall be accompanied by a copy of the record aforesaid, [and the copy shall be served along with the notice on the [1][person] against whom the notice is issued.]](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196083&iActID=4897#s20f1) (3) The magistrate shall, after the service of the notice referred to in sub-section (2), proceed to [inquire into the truth of the information received, and after giving the [1][person] an opportunity of](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196083&iActID=4897#s20f1) adducing evidence, take such further evidence as he thinks fit, and if upon such inquiry it appears to him [that such [1][person] is a prostitute and that it is necessary in the interests of the general public that](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196083&iActID=4897#s20f1) [such [1][person] should be required to remove himself therefrom and be prohibited form re-entering the](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196083&iActID=4897#s20f1) [same, the magistrate shall, by order in writing communicated to the [1][person] in the manner specified](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196083&iActID=4897#s20f1) therein, require him after a date (to be specified in the order) which shall not be less than seven days from the date of the order, to remove himself from the place to such place whether within or without the local limits of his jurisdiction, by such route or routes and within such time as may be specified in the order and also prohibit him from re-entering the place without the permission in writing of the magistrate having jurisdiction over such place. (4) Whoever,— (a) fails to comply with an order issued under this section, within the period specified therein, or whilst an order prohibiting him from re-entering a place without permission is in force, re-enters the place without such permission, or [(b) knowing that any [1][person] has, under this section, been required to removehimself from the](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196083&iActID=4897#s20f1) [place and has not obtained the requisite permission to re-enter it, harbours or conceals such [1][person]](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196083&iActID=4897#s20f1) in the place, shall be punishable with fine which may extend to two hundred rupees not in the case of a continuing offence with an additional fine which may extend to twenty rupees for every day after the first during which he has persisted in the offence. **21. Protective homes.—(1) The State Government may, in its discretion establish [2][as many** protective homes and corrective institutions under this Act as it thinks fit and such homes and institutions], when established, shall be maintained in such manner as may be prescribed. (2) No person or no authority other than the State Government shall, after the commencement of this Act, establish or maintain any [3][protective home or corrective institution] except under and in accordance with the conditions of a licence issued under this section by the State Government. (3) The State Government may, on application made to it in this behalf by a person or authority issue to such person or authority, a licence in the prescribed form for establishing and maintaining or as the 1. Subs. by Act 44 of 1986, s. 4, for “woman or girl” (w.e.f. 26-1-1987). 2. Subs. by 46 of 1978, s. 15, for “as many protective homes under this Act as it thinks it and such homes” (w.e.f. 2-10-1979). 3. Subs. by s. 15, ibid., for “protective home” (w.e.f. 2-10-1979). 13 ----- case may be, for maintaining a [1][protective home or corrective institution] and a licence so issued may contain such conditions as the State Government may think fit to impose in accordance with the rules made under this Act: [Provided that any such condition may require that the management of the [1][protective home or](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196084&iActID=4897#s21f2) corrective institution] shall, wherever practicable, be entrusted to women: Provided further that a person or authority maintaining any protective home at the commencement of this Act shall be allowed a period of six months from such commencement to make an application for such licence: 2[Provided also that a person or authority maintaining any corrective institution at the commencement of the Suppression of Immoral Traffic in Women and Girls (Amendment) Act, 1978 (46 of 1978), shall be allowed a period of six months from such commencement to make an application for such licence.] (4) Before issuing a licence the State Government may require such officer or authority as it may appoint for this purpose, to make a full and complete investigation in respect of the application received in this behalf and report to it the result of such investigation and in making any such investigation the officer or authority shall follow such procedure as may be prescribed. (5) A licence, unless sooner revoked, shall remain in force for such period as may be specified in the licence and may, on application made in this behalf at least thirty days before the date of its expiration, be renewed for a like period. (6) No licence issued or renewed under this Act shall be transferable. (7) Where any person or authority to whom a licence has been granted under this Act or any agent or servant of such person or authority commits a breach of any of the conditions thereof or any of the provisions of this Act or of any of the rules made under this Act, or where the State Government is not [satisfied with the condition, management or superintendence of any [1][protective home or corrective](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196084&iActID=4897#s21f2) institution], the State Government may, without prejudice to any other penalty which may have been incurred under this Act, for reasons to be recorded, revoke the licence by order in writing: Provided that no such order shall be made until an opportunity is given to the holder of the licence to show cause why the licence shall not be revoked. [(8) Were a licence in respect of a [1][protective home or corrective institution] has been revoked under](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196084&iActID=4897#s21f2) the foregoing sub-section such [1][protective homeor corrective institution] shall cease to function from the date of such revocation. (9) Subject to any rules that may be made in this behalf, the State Government may also vary or amend any licence issued or renewed under this Act. 2[(9A) The State Government or an authority authorised by it in this behalf may, subject to any rules that may be made in this behalf, transfer an inmate of a protective home to another protective home or to a corrective institution or an inmate of a corrective institution to another corrective institution or to a protective home, where such transfer is considered desirable having regard to the conduct of the person to be transferred, the kind of training to be imparted and other circumstances of the case: Provided that,— (a) no [3][person] who is transferred under this sub-section shall be required to stay in the home or institution to which he is transferred for a period longer than he was required to stay in the home or institution from which he was transferred; (b) reasons shall be recorded for every order of transfer under this sub-section.] 1. Subs. by Act 46 of 1978, s. 15, for “protective home” (w.e.f. 2-10-1979). 2. Ins. by s. 15, ibid. (w.e.f. 2-10-1978). 3. Subs. by Act 44 of 1986, s. 4, for “woman or girl” (w.e.f. 26-1-1987). 14 ----- (10) Whoever establishes or maintains a [1][protective home or corrective institution] except in accordance with the provisions of this section, shall be punishable in the case of a first offence with fine which may extend to one thousand rupees and in the case of second or subsequent offence with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both. **1[21A. Production of records.—Every person or authority who is licensed under sub-section (3) of** section 21 to establish or maintain, or as the case may be, for maintaining, a protective home or corrective institution shall, whenever required by a court, produce the records and other documents maintained by such home or institution before such court.] **22. Trials.—No court, inferior to that of [2][a Metropolitan Magistrate or a Judicial Magistrate of the** first class] shall try any offence under section 3, section 4, section 5, section 6, section 7 or section 8. **3[22A. Power to establish Special Courts.—(1) If the State Government is satisfied that it is** necessary for the purpose of providing for speedy trial of offences under this Act in any district or metropolitan area, it may, by notification in the Official Gazette and after consultation with the High Court, establish one or more courts of Judicial Magistrates of the first class, or, as the case may be, Metropolitan Magistrates, in such district or metropolitan area. (2) Unless otherwise directed by the High Court, a court established under sub-section (1) shall exercise jurisdiction only in respect of cases under this Act. (3) Subject to the provisions of sub-section (2), the jurisdiction and powers of the presiding officer of a court established under sub-section (1) in any district or metropolitan area shall extend throughout the district or the metropolitan area, as the case may be. (4) Subject to the foregoing provisions of this section a court established under sub-section (1) in any district or metropolitan area shall be deemed to be a court established under sub-section (1) of section 11, or as the case may be, sub-section (1) of section 16, of the Code of Criminal Procedure, 1973 (2 of 1974), and the provisions of that Code shall apply accordingly in relation to such courts. _Explanation.—In this section, “High Court” has the same meaning as in clause (e) of section 2 of the_ Code of Criminal Procedure, 1973 (2 of 1974). **4[22AA. Power of Central Government to establish special courts.—(1) If the Central** Government is satisfied that it is necessary for the purpose of providing for speedy trial of offences under this Act and committed in more than one State, it may, by notification in the Official Gazette and after consultation with the High Court concerned, establish one or more courts of Judicial Magistrates of the first class or Metropolitan Magistrates for the trial of such offences. (2) The provisions of section 22A, shall, so far as may be, apply to the courts established under sub section (1) as they apply to courts established under that section.] **22B.Power of Court to try cases summarily.—Notwithstanding anything contained in the Code of** Criminal Procedure, 1973 (2 of 1974), the State Government may, if it considers it necessary so to do, direct that offences under this Act shall be tried in a summary way by a magistrate [including the presiding officer of a court established under sub-section (1) of section 22A] and the provisions of Section 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial: Provided that in the case of any conviction in a summary trial under this section it shall be lawful for the magistrate to pass a sentence of imprisonment for a term not exceeding one year: Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witness, who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code.] 1. Ins. by Act 44 of 1986, s. 21 (w.e.f. 26-1-1987). 2. Subs. by Act 46 of 1978, s. 16, for “a magistrate as defined in clause (c) of section 2” (w.e.f. 2-10-1979). 3. Ins. by s. 17, ibid. (w.e.f. 2-10-1979). 4. Ins. by Act 44 of 1986, s. 22 (w.e.f. 26-1-1987). 15 ----- **23. Power to make rules.—(1) The State Government may, by notification in the Official Gazette,** make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for— (a) the notification of any place as a public place; 1[(b) the placing in custody of persons for whose safe custody orders have been passed under sub section (1) of section 17 and their maintenance;] 2[(bb) the discharge of an offender under sub-section (3) of section 10A from a corrective institution and the form of licence to be granted to such offender;] 3[(c) the detention and keeping in protective homes or, as the case may be, in corrective institutions of [4][persons] under this Act and their maintenance;] (d) the carrying out of the provisions of section 11 regarding notification of residence or change of or absence from residence by released convicts; (e) the delegation of authority to appoint the special police officer under sub-section (1) of section 13; (f) the carrying into effect of the provisions of section 18; 5[(g) (i) the establishment, maintenance, management and superintendence of protective homes and corrective institutions under section 21 and the appointment, powers and duties of persons employed in such homes or institutions; (ii) the form in which an application for a licence may be made and the particulars to be contained in such application; (iii) the procedure for the issue or renewal of a licence, the time within which such licence shall be issued or renewed and the procedure to be followed in making a full and complete investigation in respect of an application for a licence; (iv) the form of a licence and the conditions to be specified therein; (v) the manner in which the accounts of a protective home and a corrective institution shall be maintained and audited; (vi) the maintenance of registers and statements by a licensee and the form of such registers and statements; (vii) the care, treatment, maintenance, training, instruction, control and discipline of the inmates of protective homes and corrective institutions; (viii) the visits to and communication with such inmates; [(ix) the temporary detention of [4][persons] sentenced to detention in protective homes or in](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196090&iActID=4897#s23f4) corrective institutions until arrangements are made for sending them to such homes or institutions; (x) the transfer of an inmate from,— (a) one protective home to another, or to a corrective institution, (b) one corrective institution to another or to a protective home, under sub-section (9A) of section 21; 1. Subs. by Act 44 of 1986, s. 23, for clause (b) (w.e.f. 26-1-1987). 2. Ins. by Act 46 of 1978, s. 18 (w.e.f. 2-10-1979). 3. Subs. by s. 18, ibid., for clause (c) (w.e.f. 2-10-1979). 4. Subs. by Act 44 of 1986, s. 4, for “women and girl” (w.e.f. 26-1-1987). 5. Subs. by 46 of 1978, s. 18, for clause (g) (w.e.f. 2-10-1979). 16 ----- (xi) the transfer in pursuance of an order of the court from a protective home or a corrective institution to a prison of a [1][person] found to be incorrigible or exercising bad influence upon other inmates of that protective home or the corrective institution and the period of his detention in such prison; (xii) the transfer to a protective home or corrective institution of [2][persons] sentenced under section 7 or section 8 and the period of their detention in such home or institution; (xiii) the discharge of inmates from a protective home or corrective institution either absolutely or subject to conditions, and their arrest in the event of breach of such conditions; (xiv) the grant of permission to inmates to absent themselves for short periods; (xv) the inspection of protective homes and corrective institutions and other institutions in [which [2][persons] may be kept, detained and maintained;]](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196090&iActID=4897#s23f4) (h) any other matter which has to be, or may be, prescribed. (3) In making any rule under clause (d) or clause (g) of sub-section (2) the State Government may provide that a breach thereof shall be punishable with fine which may extend to two hundred and fifty rupees. (4) All rules made under this Act shall, as soon as may be, after they are made, be laid before the State Legislature. **24. Act not to be in derogation of certain other Acts.—Nothing in this Act shall be construed to be** in derogation of the provisions of the Refermatory Schools Act, 1897 (8 of 1897), or any State Act enacted in modification of the said Act or otherwise, relating to juvenile offenders. **25. Repeal and savings.—(1) As from the date of the coming into force in any State of the** provisions other than section 1 of this Act, all State Acts relating to suppression of immoral traffic [in [2][persons] or to the prevention of prostitution, in force in that State immediately before such date shall](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=196092&iActID=4897#s25f1) stand repealed. (2) Notwithstanding the repeal by this Act of any State Act referred to in sub-section (1), anything done or any action taken (including any direction given, any register, rule or order made, any restriction imposed) under the provisions of such State Act shall in so far as such thing or action is not inconsistent with the provisions of this Act be deemed to have been done or taken under the provisions of this Act, as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this Act. _Explanation.—In this section the expression “State Act” includes a “Provincial Act”._ 1. Subs. by Act 44 of 1986, s. 4, for “woman or girl” (w.e.f. 26-1-1987). 2. Subs. by s. 4, ibid., for “women and girl” (w.e.f. 26-1-1987). 17 ----- 1[THE SCHEDULE [See section 2(c)] Section Magistrate competent to exercise the powers 7(1) District Magistrate. 11(4) Metropolitan Magistrate or Judicial Magistrate of the first class. 2*** 15(5) Metropolitan Magistrate, Judicial Magistrate of the first class, District Magistrate or Sub-Divisional Magistrate. 16 Metropolitan Magistrate, Judicial Magistrate of the first class, District Magistrate or Sub-Divisional Magistrate. 18 District Magistrate or Sub-Divisional Magistrate. 19 Metropolitan Magistrate, Judicial Magistrate of the first class, District Magistrate or Sub-Divisional Magistrate. 20 District Magistrate, Sub-Divisional Magistrate or any Executive Magistrate specially empowered by the State Government. 22B Metropolitan Magistrate or Judicial Magistrate of the first class.] 1. Ins. by Act 46 of 1978, s. 19 (w.e.f. 2-10-1979). 2. The Figures, brackets and words “12 (4) Metropolitan Magistrate or Judicial Magistrate of the first Class” omitted by Act 44 of 1986, s. 24 (w.e.f. 26-1-1987). 18 -----

4-Jun-1957

14

The Copyright Act, 1957

https://www.indiacode.nic.in/bitstream/123456789/1367/5/a1957-14.pdf

central

# THE COPYRIGHT ACT, 1957 ________ ARRANGEMENT OF SECTIONS _______ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Interpretation. 3. Meaning of publication. 4. When work not deemed to be published or performed in public. 5. When work deemed to be first published in India. 6. Certain disputes to be decided by Appellate Board. 7. Nationality of author where the making of unpublished work is extended over considerable period. 8. Domicile of Corporations. CHAPTER II COPYRIGHT OFFICE AND APPELLATE BOARD 9. Copyright Office. 10. Registrar and Deputy Registrars of Copyrights. 11. Appellate Board. 12. Powers and procedure of Appellate Board. CHAPTER III COPYRIGHT 13. Works in which copyright subsists. 14. Meaning of copyright. 15. Special provision regarding copyright in designs registered or capable of being registered under the Designs Act, 2000. 16. No copyright except as provided in this Act. CHAPTER IV OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER 17. First owner of copyright. 18. Assignment of copyright. 19. Mode of assignment. 19A. Disputes with respect to assignment of copyright. 20. Transmission of copyright in manuscript by testamentary disposition. 21. Right of author to relinquish copyright. CHAPTER V TERM OF COPYRIGHT 22. Term of copyright in published literary, dramatic, musical and artistic works. 23. Term of copyright in anonymous and pseudonymous works. 24. Term of copyright in posthumous work. 1 ----- SECTIONS 25. [Omitted.]. 26. Term of copyright in cinematograph films. 27. Term of copyright in sound recording. 28. Term of copyright Government works. 28A. Term of copyright in works of public undertakings. 29. Term of copyright in works of international organisations. CHAPTER VI LICENCES 30. Licences by owners of copyright. 30A. Application of sections 19. 31. Compulsory licence in works withheld from public. 31A. Compulsory licence in unpublished or published works. 31B. Compulsory licence for benefit of disabled. 31C. Statutory licence for cover versions. 31D. Statutory licence for broadcasting of literary and musical works and sound recording. 32. Licence to produce and publish translations. 32A. Licence to reproduce and publish works for certain purposes. 32B. Termination of licences issued under this Chapter. CHAPTER VII COPYRIGHT SOCIETIES 33. Registration of copyright society. 33A. Tariff Scheme by copyright societies. 34. Administration of rights of owner by copyright society. 34A. [Omitted.]. 35. Control over the copyright society by the author and other owners of rights. 36. Submission of returns and reports. 36A. Rights and liabilities of performing rights societies. CHAPTER VIII RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS 37. Broadcast reproduction right. 38. Performer’s right. 38A. Exclusive right of performers. 38B. Moral rights of the performer. 39. Acts not infringing broadcast reproduction right or performer’s right. 39A. Certain provisions to apply in case of broadcast reproduction right and performer’s . CHAPTER IX INTERNATIONAL COPYRIGHT 40. Power to extend copyright to foreign works. 40A. Power of Central Government to apply Chapter VIII to broadcasting organisations and performers in certain other countries 41. Provisions as to works of certain international organisations. 42. Power to restrict rights in works of foreign authors first published in India. 42A. Power to restrict rights of foreign broadcasting organisations and performers. 43. Orders under this Chapter to be laid before Parliament. 2 ----- CHAPTER X REGISTRATION OF COPYRIGHT SECTIONS 44. Register of Copyrights. 45. Entries in Register of Copyrights. 46. Indexes. 47. Form and inspection of register. 48. Register of Copyrights to be prima facie evidence of particulars entered therein. 49. Correction of entries in the Register of Copyrights. 50. Rectification of Register by Appellate Board. 50A. Entries in the Register of Copyrights, etc., to be published. CHAPTER XI INFRINGEMENT OF COPYRIGHT 51. When copyright infringed. 52. Certain acts not to be infringement of copyright. 52A. Particulars to be included in records and video Films. 52B. [ Omitted .] 53. Importation of infringing copies. 53A. Resale share right in original copies. CHAPTER XII CIVIL REMEDIES 54. Definition. 55. Civil remedies for infringement of copyright. 56. Protection of separate rights. 57. Author’s special rights. 58. Rights of owner against persons possessing or dealing with infringing copies. 59. Restriction on remedies in the case of works of architecture. 60. Remedy in the case of groundless threat of legal proceedings. 61. Owner of copyright to be party to the proceeding. 62. Jurisdiction of court over matters arising under this Chapter. CHAPTER XIII OFFENCES 63. Offences of infringement of copyright or other rights conferred by this Act. 63A. Enhanced penalty on second and subsequent convictions. 63B. Knowing use of infringing copy of computer programme to be an offence. 64. Power of police to seize infringing copies. 65. Possession of plates for purpose of making infringing copies. 65A. Protection of technological measures. 65B. Protection of Rights Management Information. 66. Disposal of infringing copies or plates for purpose of making infringing copies. 67. Penalty for making false entries in register, etc., for producing or tendering false entries. 68. [Omitted.]. 68A. Penalty for contravention of section 52A. 3 ----- SECTIONS 69. Offences by companies. 70. Cognizance of offences. CHAPTER XIV APPEALS 71. Appeals against certain orders of Magistrate. 72. Appeals against orders of Registrar of Copyrights and Appellate Board. 73. Procedure for appeals. CHAPTER XV MISCELLANEOUS 74. Registrar of Copyrights and Appellate Board to possess certain powers of civil courts. 75. Orders for payment of money passed by Registrar of Copyrights and Appellate Board to be executable as a decree. 76. Protection of action taken in good faith. 77. Certain persons to be public servants. 78. Power to make rules. 79. Repeals, savings and transitional provisions. 4 ----- # THE COPYRIGHT ACT, 1957 # ACT NO. 14 OF 1957[1] [4th June, 1957.] # An Act to amend and consolidate the law relating to copyright. BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Copyright Act, 1957.** (2) It extends to the whole of India. (3) It shall come into force on such date[2] as the Central Government may, by notification in the Official Gazette, appoint. **2. Interpretation.—In this Act, unless the context otherwise requires,—** (a) “adaptation” means,— (i) in relation to a dramatic work, the conversion of the work into a non-dramatic work; (ii) in relation to a literary work or an artistic work, the conversion of the work into a dramatic work by way of performance in public or otherwise; (iii) in relation to a literary or dramatic work, any abridgement of the work or any version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical; [3]*** (iv) in relation to a musical work, any arrangement or transcription of the work; [4][and] [4][(v) in relation to any work, any use of such work involving its re-arrangement or alteration;] 5[(aa) “Appellate Board” means the Appellate Board referred to in section 11;] (b) [6][work of architecture] means any building or structure having an artistic character or design, or any model for such building or structure; (c) “artistic work” means,— (i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality; (ii) an [5][work of architectural]; and (iii) any other work of artistic craftsmanship; (d) “author” means,— (i) in relation to literary or dramatic work, the author of the work; (ii) in relation to a musical work, the composer; (iii) in relation to an artistic work other than a photograph, the artist; (iv) in relation to a photograph, the person taking the photograph; 7[(v) in relation to a cinematograph film or sound recording, the producer; and 1. The Act has been extended Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Schedule (w.e.f. 1-2-1965), to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule, and brought into force in the State of Sikkim (w.e.f. 27-4-1979) : vide notification No. S.O. 226(E), dated 27-4-1979, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2. 21st January, 1958, vide notification No. 269, dated 21st January 1958, see Gazette of India, Extraordinary, Part II, sec. 3. 3. The word “and” omitted by Act 38 of 1994, s. 2 (w.e.f. 10-5-1995). 4. Ins. by s. 2, ibid. (w.e.f. 10-5-1995). 5. Ins. by Act 7 of 2017, s. 160 (w.e.f. 26-5-2019). 6. Subs. by s. 2, ibid., for “architectural work of art” (w.e.f. 10-5-1995). 7. Subs. by s. 2, ibid., for sub-clauses (v) and (vi) (w.e.f. 10-5-1995) 5 ----- (vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;] 1[(dd) “broadcast” means communication to the public— (i) by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or (ii) by wire, and includes a re-broadcast;] (e) “calendar year” means the year commencing on the 1st day of January; 2[(f) “cinematograph film” means any work of visual recording 3*** and includes a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films;] 4[(fa) “commercial rental” does not include the rental, lease or lending of a lawfully acquired copy of a computer programme, sound recording, visual recording or cinematograph film for non-profit purposes by a non-profit library or non-profit educational institution. _Explanation.—For the purposes of this clause, a “non-profit library or non-profit educational_ institution” means a library or educational institution which receives grants from the Government or exempted from payment of tax under the Income-tax Act, 1961(43 of 1961).] 5[(ff) “communication to the public” means making any work or performance available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing physical copies of it, whether a simultaneously or at places and times chosen individually, regardless of whether any member of the public actually sees, hears or otherwise enjoys the work or performance so made available. _Explanation.—For the purposes of this clause, communication through satellite or cable or any_ other means of simultaneous communication to more than one household or place of residence including residential rooms of any hotel or hostel shall be deemed to be communication to the public;] (g) “delivery”, in relation to a lecture, includes delivery by means of any mechanical instrument or by [6][broadcast]; (h) “dramatic work” includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but does not include a cinematograph film; 7[(hh) “duplicating equipment” means any mechanical contrivance or device used or intended to be used for making copies of any work;] (i) “engravings” include etchings, lithographs, wood-cuts, prints and other similar works, not being photographs; (j) “exclusive licence” means a licence which confers on the licensee or on the licenses and persons authorised by him, to the exclusion of all other persons (including the owner of the copyright), any right comprised in the copyright in a work, and “exclusive licensee” shall be construed accordingly; 1. Ins. by Act 23 of 1983, s. 3 (w.e.f. 9-8-1984). 2. Subs. by Act 38 of 1994, s. 2, for clause (f) (w.e.f. 10-5-1995). 3. The words “on any medium produced through a process from which a moving image may be produced by any means” omitted by Act 27 of 2012, s. 2 (w.e.f. 21-6-2012). 4. Ins. by s. 2, ibid. (w.e.f. 21-6-2012). 5. Subs. by s. 2, ibid., for clause (ff) (w.e.f. 21-6-2012). 6. Subs. by Act 23 of 1983, s. 2, for “radio-diffusion” (w.e.f. 9-8-1984). 7. Ins. by Act 65 of 1984, s. 2 (w.e.f. 8-10-1984). 6 ----- (k) “Government work” means a work which is made or published by or under the direction or control of— (i) the Government or any department of the Government; (ii) any Legislature in India; (iii) any court, tribunal or other judicial authority in India; 1[(I) “Indian work” means a literary, dramatic or musical work,— (i) the author of which is a citizen of India; or (ii) which is first published in India; or (iii) the author of which, in the case of an unpublished work, is, at the time of the making of the work, a citizen of India;] 2[(m) “infringing copy” means— (i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematograph film; (ii) in relation to a cinematographic film, a copy of the film made on any medium by any means; (iii) in relation to a sound recording, any other recording embodying the same sound recording, made by any means; (iv) in relation to a programme or performance in which such a broadcast reproduction right or a performer’s right subsists under the provisions of this Act, the sound recording or a cinematographic film of such programme or performance, if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act;] (n) “lecture” includes address, speech and sermon; 3[(o) “literary work” includes computer programmes, tables and compilations including computer 4[databases];] 5[(p) “musical work” means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music;] 6[(q) “performance”, in relation to performer’s right, means any visual or acoustic presentation made live by one or more performers;] 7[(qq) “performer” includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance;] 8* - - - (s) “photograph” includes photo-lithograph and any work produced by any process analogous to photography but does not include any part of a cinematograph film; 1. Subs. by Act 23 of 1983, s. 2, for clause (l) (w.e.f. 9-8-1984). 2. Subs. by Act 38 of 1994, s. 2, for clause (m) (w.e.f. 10-5-1995). 3. Subs. by s. 2, ibid., for clause (o) (w.e.f. 10-5-1995). 4. Subs. by Act 49 of 1999, s. 2, for “data basis” (w.e.f. 15-1-2000). 5. Subs. by Act 38 of 1994, s. 2, for clause (p) (w.e.f. 10-5-1995). 6. Subs. by s. 2, ibid., for clause (q) (w.e.f. 10-5-1995). 7. Ins. by s. 2, ibid. (w.e.f. 10-5-1995). 8. Omitted by s. 2, ibid. (w.e.f. 10-5-1995). 7 ----- (t) “plate” includes any stereotype or other plate, stone, block, mould, matrix, transfer, negative, [1][duplicating equipment] or other device used or intended to be used for printing or reproducing copies of any work, and any matrix or other appliance by which [2][sound recording] for the acoustic presentation of the work are or are intended to be made; (u) “prescribed” means prescribed by rules made under this Act; 3[(uu) “producer”, in relation to a cinematograph film or sound recording, means a person who takes the initiative and responsibility for making the work;] 4* - - - 5* - - - 6[(x) “reprography” means the making of copies of a work, by photocopying or similar means; [7][(xa) “Right Management Information” means,— (a) the title or other information identifying the work or performance; (b) the name of the author or performer; (c) the name and address of the owner of rights; (d) terms and conditions regarding the use of the rights; and (e) any number or code that represents the information referred to in sub-clauses (a) to (d), but does not include any device or procedure intended to identify the user.] (xx) “sound recording” means a recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced;] [7][(xxa) “visual recording” means the recording in any medium, by any method including the storing of it by any electronic means, or moving images or of the representations thereof, from which they can be perceived, reproduced or communicated by any method.] (y) “work” means any of the following works, namely:— (i) a literary, dramatic, musical or artistic work; (ii) a cinematograph film; (iii) [2][sound recording]; (z) “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors; (za) “work of sculpture” includes casts and models. 8[3. Meaning of publication.—For the purposes of this Act, “publication” means making a work available to the public by issue of copies or by communicating the work to the public.] **4. When work not deemed to be published or performed in public.—Except in relation to** infringement of copyright, a work shall not be deemed to be published or performed in public, if published, or performed in public, without the licence of the owner of the copyright. 1. Ins. by Act 65 of 1984, s. 2 (w.e.f. 8-10-1984). 2. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995). 3. Ins. by s. 2, ibid. (10-5-1995). 4. Omitted by Act 23 of 1983, s. 2 (w.e.f. 9-8-1984). 5. Omitted by Act 38 of 1994, s. 2 (w.e.f. 10-5-1995). 6. Subs. by s. 2, ibid., for clause (x) (w.e.f. 10-5-1995). 7. Ins. by Act 27 of 2012, s. 2 (w.e.f. 21-6-2012). 8. Subs. by Act 38 of 1994, s. 3, for section 3 (w.e.f. 10-5-1995). 8 ----- **5. When work deemed to be first published in India.—For the purposes of this Act, a work** published in India shall be deemed to be first published in India, notwithstanding that it has been published simultaneously in some other country, unless such other country provides a shorter term of copyright for such work; and a work shall be deemed to be published simultaneously in India and in another country if the time between the publication in India and the publication in such other country does not exceed thirty days or such other period as the Central Government may, in relation to any specified country, determine. 1[6. Certain disputes to be decided by 2[Appellate Board].—If any question arises— (a) whether a work has been published or as to the date on which a work was published for the purposes of Chapter V, or (b) whether the term of copyright for any work is shorter in any other country than that provided in respect of that work under this Act, it shall be referred to the [2][Appellate Board] constituted under section 11 whose decision thereon shall be final: Provided that if in the opinion of the [2][Appellate Board], the issue of copies or communication to the public referred to in section 3 was of an insignificant nature, it shall not be deemed to be publication for the purposes of that section.] **7. Nationality of author where the making of unpublished work is extended over considerable** **period.—Where, in the case of an unpublished work, the making of the work is extended over a** considerable period, the author of the work shall, for the purposes of this Act, be deemed to be a citizen of, or domiciled in, that country of which he was a citizen or wherein he was domiciled during any substantial part of that period. **8. Domicile of corporations.—For the purposes of this Act, a body corporate shall be deemed to be** domiciled in India if it is incorporated under any law in force in India. CHAPTER II COPYRIGHT OFFICE AND [2][Appellate BOARD] **9. Copyright Office.—(1) There shall be established for the purposes of this Act an office to be** called the Copyright Office. (2) The Copyright Office shall be under the immediate control of the Registrar of Copyrights who shall act under the superintendence and direction of the Central Government. (3) There shall be a seal for the Copyright Office. **10. Registrar and Deputy Registrars of Copyrights.—(1) The Central Government shall appoint a** Registrar of Copyrights and may appoint one or more Deputy Registrars of Copyrights. (2) A Deputy Registrar of Copyrights shall discharge under the superintendence and direction of the Registrar of Copyrights such functions of the Registrar under this Act as the Registrar may, from time to time, assign to him; and any reference in this Act to the Registrar of Copyrights shall include a reference to a Deputy Registrar of Copyrights when so discharging any such functions. **3[11. Appellate Board.—(1) The Appellate Board established under section 83 of the Trade Marks** Act, 1999 (47 of 1999) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Appellate Board for the purposes of this Act and the said Appellate Board shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.] **12. Powers and procedure of [2][Appellate Board].—(1) The [2][Appellate Board] shall, subject to any** rules that may be made under this Act, have power to regulate its own procedure, including the fixing of places and times of its sittings: 1. Subs. by Act 38 of 1994, s. 4, for section 6 (w.e.f. 10-5-1995). 2. Subs. by Act 7 of 2017, s. 160, for “Copyright Board” (w.e.f. 26-5-2017). 3. Subs. by s. 160, ibid., for section 11 (w.e.f. 26-5-2017). 9 ----- Provided that the [1][Appellate Board] shall ordinarily hear any proceeding instituted before it under this Act within the zone in which, at the time of the institution of the proceeding, the person instituting the proceeding actually and voluntarily resides or carries on business or personally works for gain. _Explanation.—In this sub-section “zone” means a zone specified in section 15 of the States_ Reorganisation Act, 1956 (37 of 1956). (2) The [1][Appellate Board] may exercise and discharge its powers and functions through Benches constituted by the Chairman of the [1][Appellate Board] from amongst its [2][members]: 3[Provided that, if the Chairman is of opinion that any matter of importance is required to be heard by a larger bench, he may refer the matter to a special bench consisting of five members.] 4* - - - 4* - - - (5) No member of the [1][Appellate Board] shall take part in any proceedings before the Board in respect of any matter in which he has a personal interest. (6) No act done or proceeding taken by the [1][Appellate Board] under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board. (7) The [1][Appellate Board] shall be deemed to be a civil court for the purposes of [5][sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974)] and all proceedings before the Board shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860). CHAPTER III COPYRIGHT **13. Works in which copyright subsists.—(1) Subject to the provisions of this section and the other** provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,— (a) original literary, dramatic, musical and artistic works; (b) cinematograph films; and (c) [6][sound recording]. (2) Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41 apply, unless— (i) in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India; (ii) in the case of an unpublished work other than a [7][work of architecture], the author is at the date of making of the work a citizen of India or domiciled in India; and [(iii) in the case of a [7][work of architecture], the work is located in India.](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=190655&iActID=4767#s13f1) _Explanation.—In the case of a work of joint authorship, the conditions conferring copyright_ specified in this sub-section shall be satisfied by all the authors of the work. 1. Subs. by Act 7 of 2017, s. 160, for “Copyright Board” (w.e.f. 26-5-2017). 2. Subs. by Act 27 of 2012, s. 4, for “members, each Bench consisting of not less than three members” (w.e.f. 21-6-2012). 3. Ins. by Act 38 of 1994, s. 6 (w.e.f. 10-5-1995). 4. Sub-sections (3) and (4) omitted by Act 7 of 2017, s. 160 (w.e.f. 26-5-2017). 5. Subs. by Act 23 of 1983, s. 6, for “sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 9-8-1984). 6. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995). 7. Subs. by s. 2, ibid., for “architectural work of art” (w.e.f. 10-5-1995). 10 ----- (3) Copyright shall not subsist— (a) in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work; (b) in any [1][sound recording] made in respect of a literary, dramatic or musical work, if in making [the [1][sound recording], copyright in such work has been infringed.](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=190655&iActID=4767#s13f1) (4) The copyright in a cinematograph film or a record shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or, as the case may be, the [1[sound recording] is made.](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=190655&iActID=4767#s13f1) (5) In the case of a [2][work of architecture], copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction. 3[14. Meaning of copyright.—For the purposes of this Act, “copyright” means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely— (a) in the case of a literary, dramatic or musical work, not being a computer programme,— (i) to reproduce the work in any material form including the storing of it in any medium by electronic means; (ii) to issue copies of the work to the public not being copies already in circulation; (iii) to perform the work in public, or communicate it to the public; (iv) to make any cinematograph film or sound recording in respect of the work; (v) to make any translation of the work; (vi) to make any adaptation of the work; (vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi); (b) in the case of a computer programme: (i) to do any of the acts specified in clause (a); 4[(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programmer: Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.] (c) in the case of an artistic work,— 5[(i) to reproduce the work in any material form including— (A) the storing of it in any medium by electronic or other means; or (B) depiction in three-dimensions of a two-dimensional work; or (C) depiction in two-dimensions of a three-dimensional work;] (d) in the case of a cinematograph film,— 6[(i) to make a copy of the film, including— (A) a photograph of any image forming part thereof; or 1. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995). 2. Subs. by s. 2, ibid., for “architectural work of art” (w.e.f. 10-5-1995). 3. Subs. by s. 7, ibid., for section 14 (w.e.f. 10-5-1995). 4. Subs. by Act 49 of 1999, s. 3, for sub-clause (ii) (w.e.f. 15-1-2000). 5. Subs. by Act 27 of 2012, s. 5, for clause (c) (w.e.f. 21-6-2012). 6. Subs. by s. 5, ibid., for clause (d) (w.e.f. 21-6-2012). 11 ----- (B) storing of it in any medium by electronic or other means;] 1[(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film.] (iii) to communicate the film to the public; (e) in the case of a sound recording,— (i) to make any other sound recording embodying it [2][including storing of it in any medium by electronic or other means]; 3[(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound recording;] (iii) to communicate the sound recording to the public. _Explanation.—For the purposes of this section, a copy which has been sold once shall be deemed_ to be a copy already in circulation]. **15. Special provision regarding Copyright in designs registered or Capable of being registered** **under the [4]*** [5][Designs Act, 2000 (16 of 2000)].—(1) Copyright shall not subsist under this Act in any** design which is registered under the [4]*** [5][Designs Act, 2000 (16 of 2000)]. (2) Copyright in any design, which is capable of being registered under the [4]*** [5][Designs Act, 2000 (16 of 2000)] but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his licence, by any other person. **16. No copyright except as provided in this Act.—No person shall be entitled to copyright or any** similar right in any work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act or of any other law for the time being in force, but nothing in this section shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence. CHAPTER IV OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER **17. First owner of copyright.—Subject to the provisions of this Act, the author of a work shall be** the first owner of the copyright therein: Provided that— (a) in the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work; (b) subject to the provisions of clause (a), in the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein; 1. Subs. by Act 27 of 2012, s. 5, for sub-clause (ii) (w.e.f. 21-6-2012). 2. Ins. by s. 5, ibid. (w.e.f. 21-6-2012). 3. Subs. by s. 5, ibid., for sub-clause (ii) (w.e.f. 21-6-2012). 4. The words “Indian Patents and” omitted by Act 23 of 1983, s. 7 (w.e.f. 9-8-1984). 5. Subs. by Act 27 of 2012, s. 6, for “Designs Act, 1911 (2 of 1911)” (w.e.f. 21-6-2012). 12 ----- (c) in the case of a work made in the course of the author’s employment under a contract of service or apprenticeship, to which clause (a) or clause (b) does not apply, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein; 1[(cc) in the case of any address or speech delivered in public, the person who has delivered such address or speech or if such person has delivered such address or speech on behalf of any other person, such other person shall be the first owner of the copyright therein notwithstanding that the person who delivers such address or speech, or, as the case may be, the person on whose behalf such address or speech is delivered, is employed by any other person who arranges such address or speech or on whose behalf or premises such address or speech is delivered;] (d) in the case of a Government work, Government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein; 1[(dd) in the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein. _Explanation.—For the purpose of this clause and section 28A, “public undertaking” means—_ (i) an undertaking owned or controlled by Government; or (ii) a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956); or (iii) a body corporate established by or under any Central, Provincial or State Act;] (e) in the case of a work to which the provisions of section 41 apply, the international organisation concerned shall be the first owner of the copyright therein. 2[Provided that in case of any work incorporated in a cinematograph work, nothing contained in clauses (b) and (c) shall affect the right of the author in the work referred to in clause (a) of sub-section (1) of section 13.] **18. Assignment of copyright.—(1) The owner of the copyright in an existing work or the prospective** owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof: Provided that in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence. [3][Provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exit or was not in commercial use at the time when the assignment was made, unless the assignment specifically referred to such medium or mode of exploitation of the work: Provided also that the author of the literary or musical work included in a cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for the utilisation of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copyright society for collection and distribution and any agreement to contrary shall be void: Provided also that the author of the literary or musical work included in the sound recording but not forming part of any cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for any utilisation of such work except to the legal heirs of the authors or to a collecting society for collection and distribution and any assignment to the contrary shall be void.] (2) Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the assignee as respects the rights so assigned, and the assignor as respects the rights not assigned, shall be 1. Ins. by Act 23 of 1983, s. 8 (w.e.f. 9-8-1984). 2. Ins. by Act 27 of 2012, s. 7 (w.e.f. 21-6-202). 3. Ins. by s. 8, ibid. (w.e.f. 21-6-2012). 13 ----- treated for the purposes of this Act as the owner of copyright and the provisions of this Act shall have effect accordingly. (3) In this section, the expression “assignee” as respects the assignment of the copyright in any future work includes the legal representatives of the assignee, if the assignee dies before the work comes into existence. **19. Mode of assignment.—[1][(1)] No assignment of the copyright in any work shall be valid unless it** is in writing signed by the assignor or by his duly authorised agent. [2][(2) The assignment of copyright in any work shall identify such work, and shall specify the rights assigned and the duration and territorial extent of such assignment. (3) The assignment of copyright in any work shall also specify the amount of [3][royalty and any other consideration payable], to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties. (4) Where the assignee does not exercise the rights assigned to him under any of the other sub-sections of this section within period of one year from the date of assignment, the assignment in respect of such right shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment. (5) If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment. (6) If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within India. (7) Nothing in sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) or sub-section (6) shall be applicable to assignments made before the coming into force of the Copyright (Amendment) Act, 1994]. 4[(8) The assignment of copyright in any work contrary to the terms and conditions of the rights already assigned to a copyright society in which the author of the work is a member shall be void. (9) No assignment of copyright in any work to make a cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable in case of utilisation of the work in any form other than for the communication to the public of the work, along with the cinematograph film in a cinema hall. (10) No assignment of the copyright in any work to make a sound recording which does not form part of any cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable for any utilisation of such work in any form.] **5[19A. Disputes with respect to assignment of copyright.—(1) If an assignee fails to make** sufficient exercise of the rights assigned to him, and such failure is not attributable to any act or omission of the assignor, then, the [6][Appellate Board] may, on receipt of a complaint from the assignor and after holding such inquiry as it may deem necessary, revoke such assignment. (2) If any dispute arises with respect to the assignment of any copyright, the [6][Appellate Board] may, on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers necessary, pass such order as it may deem fit including an order for the recovery of any royalty payable: Provided that the [6][Appellate Board] shall not pass any order under this sub-section to revoke the assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor is also the author: 1. Section 19 re-numbered as sub-section (1) thereof by Act 23 of 1983, s. 9 (w.e.f. 9-8-1984). 2. Subs. by Act 38 of 1994, s. 8, for section 19 (w.e.f. 10-5-1995). 3. Subs. by Act 27 of 2012, s. 9, for “royalty payable” (w.e.f. 21-6-2012). 4. Ins. by s. 9, ibid. (w.e.f. 21-6-2012). 5. Subs. by Act 38 of 1994, s. 9, for section 19A (w.e.f. 10-5-1995). 6. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 14 ----- 1[Provided further that, pending the disposal of an application for revocation of assignment under this sub-section, the [2][Appellate Board] may pass such order, as it deems fit regarding implementation of the terms and conditions of assignment including any consideration to be paid for the enjoyment of the rights assigned:— Provided also that,] no order of revocation of assignment under this sub-section, shall be made within a period of five years from the date of such assignment.] 3[(3) Every complaint received under sub-section (2) shall be dealt with by the 2[Appellate Board] as far as possible and efforts shall be made to pass the final order in the matter within a period of six months from the date of receipt of the complaint and any delay in compliance of the same, the [2][Appellate Board] shall record the reasons thereof.] **20. Transmission of copyright in manuscript by testamentary disposition.—Where under a** bequest a person is entitled to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the work was not published before the death of the testator, the bequest shall, unless the contrary intention is indicated in the testator’s will or any codicil thereto, be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death. _Explanation.—In this section, the expression “manuscript” means the original document embodying_ the work, whether written by hand or not. **21. Right of author to relinquish copyright.—(1) The author of a work may relinquish all or any of** the rights comprised in the copyright in the work by giving notice in the prescribed form to [4][the Registrar of Copyrights or by way of public notice] and thereupon such rights shall, subject to the provisions of sub-section (3), cease to exist from the date of the notice. (2) On receipt of a notice under sub-section (1), the Registrar of Copyrights shall cause it to be published in the Official Gazette and in such other manner as he may deem fit. 5[(2A) The Registrar of Copyright shall, within fourteen days from the publication of the notice in the Official Gazette, post the notice on the official website of the Copyright Office so as to remain in the public domain for a period of not less than three years.] (3) The relinquishment of all or any of the rights comprised in the copyright in a work shall not affect any rights subsisting in favour of any person on the date of notice referred to in sub-section (1). CHAPTER V TERM OF COPYRIGHT **22. Term of copyright in published literary, dramatic, musical and artistic works.—Except as** otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic work 6*** published within the lifetime of the author until 7[sixty years] from the beginning of the calendar year next following the year in which the author dies. _Explanation.—In this section the reference to the author shall, in the case of a work of joint_ authorship, be construed as a reference to the author who dies last. **23. Term of copyright in anonymous and pseudonymous works.—(1) In the case of literary,** dramatic, musical or artistic work (other than a photograph), which is published anonymously or pseudonymously, copyright shall subsist until [7][sixty years] from the beginning of the calendar year next following the year in which the work is first published: Provided that where the identity of the author is disclosed before the expiry of the said period, [copyright shall subsist until [7][sixty years] from the beginning of the calendar year next following the year](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=190668&iActID=4767#s23f1) in which the author dies. 1. Subs. by Act 27 of 2012, s. 10, for “Provided further that” (w.e.f. 21-6-2012). 2. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 3. Ins. by Act 27 of 2012, s. 10 (w.e.f. 21-6-2012). 4. Subs. by s. 11, ibid., for “Registrar of Copyright” (w.e.f. 21-6-2012). 5. Ins. by s. 11, ibid. (w.e.f. 21-6-2012). 6. The brackets and words “(other than a photograph)” omitted by Act 27 of 2012, s. 12 (w.e.f. 21-6-2012). 7. Subs. by Act 13 of 1992, s. 2, for “fifty years” (w.e.f. 28-10-1991). 15 ----- (2) In sub-section (1), references to the author shall, in the case of an anonymous work of joint authorship, be construed,— (a) where the identity of one of the authors is disclosed, as references to that author; (b) where the identity of more authors than one is disclosed, as references to the author who dies last from amongst such authors. (3) In sub-section (1), references to the author shall, in the case of a pseudonyms work of joint authorship, be construed,— (a) where the names of one or more (but not all) of the authors are pseudonyms and his or their identity is not disclosed, as references to the author whose name is not a pseudonym, or, if the names of two or more of the authors are not pseudonyms, as references to such of those authors who dies last; (b) where the names of one or more (but not all) of the authors are pseudonyms and the identity of one or more of them is disclosed, as references to the author who dies last from amongst the authors whose names are not pseudonyms and the authors whose names are pseudonyms and are disclosed; and (c) where the names of all the authors are pseudonyms and the identity of one of them is disclosed, as references to the author whose identity is disclosed or if the identity of two or more of such authors is disclosed, as references to such of those authors who dies last. _Explanation.—For the purposes of this section, the identity of an author shall be deemed to have been_ disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the [1][Appellate Board] by that author. **24. Term of copyright in posthumous work.—(1) In the case of a literary, dramatic or musical work** or an engraving, in which copyright subsists at the date of the death of the author or, in the case of any such work of joint authorship, at or immediately before the date of the death of the author who dies last, but which, or any adaptation of which, has not been published before that date, copyright shall subsist until [2][sixty years] from the beginning of the calendar year next following the year in which the work is first published or, where an adaptation of the work is published in any earlier year, from the beginning of the calendar year next following that year. (2) For the purposes of this section a literary, dramatic or musical work or an adaptation of any such work shall be deemed to have been published, if it has been performed in public or if any [2][sound recordings] made in respect of the work have been sold to the public or have been offered for sale to the public. **25.** [Term of copyright in photographs.] _Omitted by the Copyright (Amendment) Act, 2012_ (27 of 2012), s. 13 (w.e.f. 21-6-2012). **26. Term of copyright in cinematograph films.—In the case of a cinematograph film, copyright** shall subsists until [3][sixty years] from the beginning of the calendar year next following the year in which the film is published. **27. Term of copyright in sound recording.—In the case a [4][sound recording] copyright shall subsist** [until [3][sixty years] from the beginning of the calendar year next following the year in which the [4][sound](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=190672&iActID=4767#s27f1) recording] is published. 1. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 2. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995). 3. Subs. by Act 13 of 1992, s. 2, for “fifty years” (w.e.f. 28-10-1991). 4. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995). 16 ----- **28. Term of copyright Government works.—In the case of Government work, where Government** is the first owner of the copyright therein, copyright shall subsist until [1][sixty years] from the beginning of the calendar year next following the year in which the work is first published. **2[28A. Term of copyright in works of public undertakings.—In the case of a work, where a public** undertaking is the first owner of the copyright therein, copyright shall subsist until[ 1][sixty years] from the beginning of the calendar year next following the year in which the work is first published]. **29. Term of copyright in works of international organisations.—In the case of a work of an** [international organisation to which the provisions of section 41 apply, copyright shall subsist until [1][sixty](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=190675&iActID=4767#s29f1) years] from the beginning of the calendar year next following the year in which the work is first published. CHAPTER VI LICENCES **30. Licences by owners of copyright.—The owner of the copyright in any existing work or the** prospective owner of the copyright in any future work may grant any interest in the right by licence in 3[writing by him] or by his duly authorised agent: Provided that in the case of a licence relating to copyright in any future work, the licence shall take effect only when the work comes into existence. _Explanation.—Where a person to whom a licence relating to copyright in any future work is granted_ under this section dies before the work comes into existence, his legal representatives shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence. 4[30A. Application of **5[section 19].—The provisions of sections 19 and 19A shall, with any** necessary adaptations and modifications, apply in relation to a licence under section 30 as they apply in relation to assignment of copyright in a work.] **31. Compulsory licence in works withheld from public.—(1) If at any time during the term of** copyright in [6][any work] which has been published or performed in public, a complaint is made to the 7[Appellate Board] that the owner of copyright in the work— (a) has refused to republish or allow the republication of the work or has refused to allow the performance in public of the work, and by reason of such refusal the work is withheld from the public; or (b) has refused to allow communication to the public by [8][broadcast] of such work or in the case of a [[9][sound recording] the work recorded in such [9][sound recording], on terms which the](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=190679&iActID=4767#s31f2) complainant considers reasonable, the [7][Appellate Board], after giving to the owner of the copyright in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, may, if it is satisfied that the grounds for such refusal are not reasonable, direct the Registrar of Copyrights to grant to the complainant a licence to republish the work, perform the work in public or communicate the work to the public by 8[broadcast], as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the [7][Appellate Board] may determine; and thereupon the Registrar of Copyrights shall grant the [10][licence to such person or persons who, in the opinion of the 6[Appellate Board], is or are qualified to do so] in accordance with the directions of the 7[Appellate Board], on payment of such fee as may be prescribed. 1. Subs. by Act 13 of 1992, s. 2, for “fifty years” (w.e.f. 28-10-1991). 2. Ins. by Act 23 of 1983, s. 11 (w.e.f. 9-8-1984). 3. Subs. by Act 27 of 2012, s. 14, for “writing signed by him” (w.e.f. 21-6-2012). 4. Ins. by Act 38 of 1994, s. 10 (w.e.f. 10-5-1995). 5. Subs. by Act 27 of 2012, s. 15, for “section 19 and 19A” (w.e.f. 21-6-2012). 6. Subs. by s. 16, ibid., for “any Indian work” (w.e.f. 21-6-2012). 7. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 8. Subs. by Act 23 of 1994, s. 2, for “radio-diffusion” (w.e.f. 9-8-1984). 9. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995). 10. Subs. by Act 27 of 2012, s. 16, for “licence to the complainant” (w.e.f. 21-6-2012). 17 ----- 1* - - - *. 2* ***** ***** ***** ***.** **3[31A. Compulsory licence in unpublished 4[or published works].—5[(1) Where, in the case of any** unpublished work or any work published or communicated to the public and the work is withheld from the public in India, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the [6][Appellate Board] for a licence to publish or communicate to the public such work or a translation thereof in any language.] (2) Before making an application under sub-section (1), the applicant shall publish his proposal in one issue of a daily newspaper in the English language having circulation in the major part of the country and where the application is for the publication of a translation in any language, also in one issue of any daily newspaper in that language. (3) Every such application shall be made in such form as may be prescribed and shall be accompanied with a copy of the advertisement issued under sub-section (2) and such fee as may be prescribed. (4) Where an application is made to the [6][Appellate Board] under this section, it may after holding such inquiry as may be prescribed, direct the Registrar of Copyrights to grant to the applicant a licence to publish the work or a translation thereof in the language mentioned in the application subject to the payment of such royalty and subject to such other terms and conditions as the [6][Appellate Board] may determine, and thereupon the Registrar of Copyrights shall grant the licence to the applicant in accordance with the direction of the [6][Appellate Board]. (5) Where a licence is granted under this section, the Registrar of Copyrights may, by order, direct the applicant to deposit the amount of the royalty determined by the [6][Appellate Board] in the public account of India or in any other account specified by the [6][Appellate Board] so as to enable the owner of the copyright or, as the case may be, his heirs, executors or the legal representatives to claim such royalty at any time. (6) Without prejudice to the foregoing provisions of this section, in the case of a work referred to in sub-section (1), if the original author is dead, the Central Government may, if it considers that the publication of the work is desirable in the national interest, require the heirs, executors or legal representatives of the author to publish such work within such period as may be specified by it. (7) Where any work is not published within the period specified by the Central Government under sub-section (6), the [6][Appellate Board] may, on an application made by any person for permission to publish the work and after hearing the parties concerned, permit such publication on payment of such royalty as the [6][Appellate Board] may, in the circumstances of such case, determine in the prescribed manner.] 7[31B. Compulsory licence for benefit of disabled.—(1) Any person working for the benefit of persons with disability on a profit basis or for business may apply to the [6][Appellate Board], in such form and manner and accompanied by such fee as may be prescribed, for a compulsory licence to published any work in which copyright subsists for the benefit of such persons, in a case to which clause (zb) of sub-section (1) of section 52 does not apply and the [6][Appellate Board] shall dispose of such application within a period of two months from the receipt of the application. (2) The [6][Appellate Board] may, on receipt of an application under sub-section (1), inquire, or direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been made in good faith. 1. The Explanation omitted by Act 27 of 2012, s. 16, (w.e.f. 21-6-2012). 2. Omitted by s. 16, ibid. (w.e.f. 21-6-2012). 3. Ins. by Act 23 of 1983, s. 12 (w.e.f. 9-8-1984). 4. Subs. by Act 27 of 2012, s. 17, for “Indian works” (w.e.f. 21-6-2012). 5. Subs. by s. 17, ibid., for sub-section (1) (w.e.f. 21-6-2012). 6. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 7. Ins. by Act 27 of 2012, s. 18 (w.e.f. 21-6-2012). 18 ----- (3) If the Appellate Board is satisfied, after giving to the owners of rights in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory licence needs to be issued to make the work available to the disabled, it may direct the Registrar of Copyright to grant to the applicant such a licence to publish the work. (4) Every compulsory licence issued under this section shall specify the means and format of publication, the period during which the compulsory licence may be exercised and, in the case of issue of copies, the number of copies that may be issued including the rate or royalty: Provided that where the [1][Appellate Board] issued such a compulsory licence it may, on a further application and after giving reasonable opportunity to the owners of rights, extend the period of such compulsory licence and allow the issue of more copies as it may deem fit. **31C. Statutory licence for cover versions.—(1) Any person desirous of making a cover version,** being a sound recording in respect of any literary, dramatic or musical work, where sound recordings of that work have been made by or with the licence or consent of the owner of the right in the work, may do so subject to the provisions of this section: Provided that such sound recordings shall be in the same medium as the last recording, unless the medium of the last recording is no longer in current commercial use. (2) The person making the sound recordings shall give prior notice of his intention to make the sound recordings in the manner as may be prescribed, and provide in advance copies of all covers or labels with which the sound recordings are to be sold, and pay in advance, to the owner of rights in each work royalties in respect of all copies to be made by him, at the rate fixed by the [1][Appellate Board] in this behalf: Provided that such sound recordings shall not be sold or issued in any form of packaging or with any cover or label which is likely to mislead or confuse the public as to their identity, and in particular shall not contain the name or depict in any way any performer of an earlier sound recording of the same work or any cinematograph film in which sound recording was incorporated and, further, shall state on the cover that it is a cover version made under this section. (3) The person making such sound recordings shall not make any alteration in the literary or musical work which has not been made previously by or with the consent of the owner of rights, or which is not technically necessary for the purpose of making the sound recordings: Provided that such sound recordings shall not be made until the expiration of five calendar years after the end of the year in which the first sound recordings of the work was made. (4) One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each calendar year in which copies of it are made: Provided that the [1][Appellate Board] may, by general order, fix a lower minimum in respect of works in a particular language or dialect having regard to the potential circulation of such works. (5) The person making such sound recordings shall maintain such registers and books of account in respect thereof, including full details of existing stock as may be prescribed and shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording: Provided that if on a complaint brought before the [1][Appellate Board] to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this section, the [1][Appellate Board] is, prima facie, satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royalty. _Explanation.—For the purposes of this section “cover version” means a sound recording made in_ accordance with this section. 1. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 19 ----- **31D. Statutory licence for broadcasting of literary and musical works and sound** **recording.—(1) Any broadcasting organisation desirous of communicating to the public by way of a** broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this section. (2) The broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its intention to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay to the owner of rights in each work royalties in the manner and at the rate fixed by the [1][Appellate Board]. (3) The rates of royalties for radio broadcasting shall be different from television broadcasting and the 1[Appellate Board] shall fix separate rates for radio broadcasting and television broadcasting. (4) In fixing the manner and the rate of royalty under sub-section (2), the [1][Appellate Board] may require the broadcasting organisation to pay an advance to the owners of rights. (5) The names of the authors of the principal performers of the work shall, except in case of the broadcasting organisation communicating such work by way of performance, be announced with the broadcast. (6) No fresh alteration to any literary or musical work, which is not technically necessary for the purpose of broadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent of the owners of rights. (7) The broadcasting organisation shall— (a) maintain such records and books of account, and render to the owners of rights such reports and accounts; and (b) allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such broadcast, in such manner as may be prescribed. (8) Nothing in this section shall affect the operation of any licence issued or any agreement entered into before the commencement of the Copyright (Amendment) Act, 2012.] **32. Licence to produce and publish translations.—(1) Any person may apply to the** [1][Appellate Board] for a licence to produce and publish a translation of a literary or dramatic work in any language [2][after a period of seven years from the first publication of the work]. 1[(1A) Notwithstanding anything contained in sub-section (1), any person may apply to the 1[Appellate Board] for a licence to produce and publish a translation, in printed or analogous forms of reproduction, of a literary or dramatic work, other than an Indian work, in any language in general use in India after a period of three years from the first publication of such work, if such translation is required for the purposes of teaching, scholarship or research: Provided that where such translation is in a language not in general use in any developed country, such application may be made after a period of one year from such publication. (2) Every [3][application under this section] shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the translation of the work. (3) Every applicant for a licence under this section shall, along with his application, deposit with the Registrar of Copyrights such fee as may be prescribed. (4) Where an application is made to the [1][Appellate Board] under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and publish a translation of the work in the language mentioned in [4][the application— 1. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 2. Ins. by Act 23 of 1983, s. 13 (w.e.f. 9-8-1984). 3. Subs. by s. 13, ibid., for “such application” (w.e.f. 9-8-1984). 4. Subs. by Act 23 of 1983, s. 13, for certain words (w.e.f. 9-8-1984). 20 ----- (i) subject to the condition that the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the translation of the work sold to the public, calculated at such rate as the [1][Appellate Board] may, in the circumstances of each case, determine in the prescribed manner; and (ii) where such licence is granted on an application under sub-section (1A), subject also to the condition that the licence shall not extend to the export of copies of the translation of the work outside India and every copy of such translation shall contain a notice in the language of such translation that the copy is available for distribution only in India: Provided that nothing in clause (ii) shall apply to the export by Government or any authority under the Government of copies of such translation in a language other than English, French or Spanish or to any country if— (1) such copies are sent to citizens of India residing outside India or to any association of such citizens outside India; or (2) such copies are meant to be used for purposes of teaching, scholarship or research and not for any commercial purpose; and (3) in either case, the permission for such export has been given by the Government of that country:] 2[Provided further that no licence under this section] shall be granted, unless— (a) a translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorised by him, [3][within seven years or three years or one year, as the case may be, of the first publication of the work], or if a translation has been so published, it has been out of print; (b) the applicant has proved to the satisfaction of the [1][Appellate Board] that he had requested and had been denied authorisation by the owner of the copyright to produce and publish such translation, or that [4][he was, after due diligence on his part, unable to find] the owner of the copyright; (c) where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for [5][such authorisation by registered air mail post to the publisher whose name appears from the work, and in the case of an application for a licence under sub-section (1)], not less than two months before [6][such application]; 7[(cc) a period of six months in the case of an application under sub-section (1A) (not being an application under the proviso thereto), or nine months in the case of an application under the proviso to that sub-section, has elapsed from the date of making the request under clause (b) of this proviso or where a copy of the request has been sent under clause (c) of this proviso, from the date of sending of such copy, and the translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorised by him within the said period of six months or nine months, as the case may be; (ccc) in the case of any application made under sub-section (1A)— (i) the name of the author and the title of the particular edition of the work proposed to be translated are printed on all the copies of the translation; (ii) if the work is composed mainly of illustrations, the provisions of section 32A are also complied with;] 1. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 2. Subs. by Act 23 of 1983, s. 13, for “Provided that no such licence” (w.e.f. 9-8-1984). 3. Subs. by s. 13, ibid., for “within seven years of the first publication of the work” (w.e.f. 9-8-1984). 4. Subs. by s. 13, ibid., for “he was unable to find” (w.e.f. 9-8-1984). 5. Subs. by s. 13, ibid., for “such authorisation to the publisher whose name appears from the work” (w.e.f. 9-8-1984). 6. Subs. by s. 13, ibid., for “the application for the licence” (w.e.f. 9-8-1984). 7. Ins. by s. 13, ibid. (w.e.f. 9-8-1984). 21 ----- (d) the [1][Appellate Board] is satisfied that the applicant is competent to produce and publish a correct translation of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section; (e) the author has not withdrawn from circulation copies of the work; and (f) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work. 2[(5) Any broadcasting authority may apply to the 1[Appellate Board] for a licence to produce and publish the translation of— (a) a work referred to in sub-section (1A) and published in printed or analogous forms of reproduction; or (b) any text incorporated in audio-visual fixations prepared and published solely for the purpose of systematic instructional activities, for broadcasting such translation for the purposes of teaching or for the dissemination of the results of specialised, technical or scientific research to the experts in any particular field. (6) The provisions of sub-sections (2) to (4) in so far as they are relatable to an application under sub-section (1A), shall, with the necessary modifications, apply to the grant of a licence under sub-section (5) and such licence shall not also be granted unless— (a) the translation is made from a work lawfully acquired; (b) the broadcast is made through the medium of sound and visual recordings; (c) such recording has been lawfully and exclusively made for the purpose of broadcasting in India by the applicant or by other broadcasting agency; and (d) the translation and the broadcasting of such translation are not used for any commercial purposes. _Explanation.—For the purposes of this section,—_ (a) “developed country” means a country which is not a developing country; (b) “developing country” means a country which is for the time being regarded as such in conformity with the practice of the General Assembly of the United Nations; (c) “purposes of research” does not include purposes of industrial research, or purposes of research by bodies corporate (not being bodies corporate owned or controlled by Government) or other association or body of persons for commercial purposes; (d) “purposes of teaching, research or scholarship” includes— (i) purposes of instructional activity at all levels in educational, institutions, including Schools, Colleges, Universities and tutorial institutions; and (ii) purposes of all other types of organised educational activity.] **3[32A. Licence to reproduce and publish works for certain purposes.—(1) Where, after the** expiration of the relevant period from the date of the first publication of an edition of a literary, scientific or artistic work,— (a) the copies of such edition are not made available in India; or (b) such copies have not been put on sale in India for a period of six months, to the public, or in connection with systematic instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any 1. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 2. Ins. by Act 23 of 1983, s. 13 (w.e.f. 9-8-1984). 3. Ins. by s. 14, ibid. (w.e.f. 9-8-1984). 22 ----- person authorised by him in this behalf, any person may apply to the [1][Appellate Board] for a licence to reproduce and publish such work in printed or analogous forms of reproduction at the price at which such edition is sold or at a lower price for the purposes of systematic instructional activities. (2) Every such application shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the work to be reproduced. (3) Every applicant for a licence under this section shall, along with his application, deposit with the Registrar of Copyrights such fee as may be prescribed. (4) Where an application is made to the [1][Appellate Board] under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and publish a reproduction of the work mentioned in the application subject to the conditions that,— (i) the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the reproduction of the work sold to the public, calculated at such rate as the [1][Appellate Board] may, in the circumstances of each case, determine in the prescribed manner; (ii) a licence granted under this section shall not extend to the export of copies of the reproduction of the work outside India and every copy of such reproduction shall contain a notice that the copy is available for distribution only in India: Provided that no such licence shall be granted unless— (a) the applicant has proved to the satisfaction of the [1][Appellate Board] that he had requested and had been denied authorisation by the owner of the copyright in the work to reproduce and publish such work or that he was, after due diligence on his part, unable to find such owner; (b) where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for such authorisation by registered air-mail post to the publisher whose name appears from the work not less than three months before the application for the licence; (c) the [1][Appellate Board] is satisfied that the applicant is competent to reproduce and publish an accurate reproduction of the work and possesses the means to pay the owner of the copyright the royalties payable to him under this section; (d) the applicant undertakes to reproduce and publish the work at such price as may be fixed by the [1][Appellate Board], being a price reasonably related to the price normally charged in India for works of the same standard on the same or similar subjects; (e) a period of six months in the case of an application for the reproduction and publication of any work of natural science, physical science, mathematics or technology, or a period of three months in the case of an application for the reproduction and publication of any other work, has elapsed from the date of making the request under clause (a), or where a copy of the request has been sent under clause (b), from the date of sending of a copy, and a reproduction of the work has not been published by the owner of the copyright in the work or any person authorised by him within the said period of six months or, three months, as the case may be; (f) the name of the author and the title of the particular edition of the work proposed to be reproduced are printed on all the copies of the reproduction; (g) the author has not withdrawn from circulation copies of the work; and (h) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work. (5) No licence to reproduce and publish the translation of a work shall be granted under this section unless such translation has been published by the owner of the right of translation or any person authorised by him and the translation is not in a language in general use in India. 1. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 23 ----- (6) The provisions of this section shall also apply to the reproduction and publication, or translation into a language in general use in India, of any text incorporated in audio-visual fixations prepared and published solely for the purpose of systematic instructional activities. _Explanation.—For the purpose of this section, “relevant period”, in relation to any work,_ means a period of— (a) seven years from the date of the first publication of that work, where the application is for the reproduction and publication of any work of, or relating to, fiction, poetry, drama, music or art; (b) three years from the date of the first publication of that work, where the application is for the reproduction and publication of any work of, or relating to, natural science, physical science, mathematics or technology; and (c) five years from the date of the first publication of that work, in any other case. **32B. Termination of licences issued under this Chapter.—(1) If, at any time after the granting of a** licence to produce and publish the translation of a work in any language under sub-section (1A) of section 32 (hereafter in this sub-section referred to as the licensed work), the owner of the copyright in the work or any person authorised by him publishes a translation of such work in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in India for the translation of works of the same standard on the same or similar subject, the licence so granted shall be terminated: Provided that no such termination shall take effect until after the expiry of a period of three months from the date of service of a notice in the prescribed manner on the person holding such licence by the owner of the right of translation intimating the publication of the translation as aforesaid: Provided further that copies of the licensed work produced and published by the person holding such licence before the termination of the licence takes effect may continue to be sold or distributed until the copies already produced and published are exhausted. (2) If, at any time after the granting of a licence to produce and publish the reproduction or translation of any work under section 32A, the owner of the right of reproduction or any person authorised by him sells or distributes copies of such work or a translation thereof, as the case may be, in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in India for works of the same standard on the same or similar subject, the licence so granted shall be terminated: Provided that no such termination shall take effect until after the expiry of a period of three months from the date of service of a notice in the prescribed manner on the person holding the licence by the owner of the right of reproduction intimating the sale or distribution of the copies of the editions of work as aforesaid: Provided further that any copies already reproduced by the licensee before such termination takes effect may continue to be sold or distributed until the copies already produced are exhausted.] 1[CHAPTER VII COPYRIGHT SOCIETIES **33. Registration of Copyright society.—(1) No person or association of persons shall, after coming** into force of the Copyright (Amendment) Act, 1994 commence or, carry on the business of issuing or granting licences in respect of any work in which copyright subsists or in respect of any other rights conferred by this Act except under or in accordance with the registration granted under sub-section (3): Provided that an owner of copyright shall, in his individual capacity, continue to have the right to grant licences in respect of his own works consistent with his obligations as a member of the registered copyright society: 2[Provided further that the business of issuing or granting license in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recording shall be carried out only through a copyright society duly registered under this Act: 1. Subs. by Act 38 of 1994, s. 11, for Chapter VII (w.e.f. 10-5-1995). 2. Subs. by Act 27 of 2012, s. 19, for “Provided that” (w.e.f. 21-6-2012). 24 ----- Provided also] that a performing rights society functioning in accordance with the provisions of section 33 on the date immediately before the coming into force of the Copyright (Amendment) Act, 1994 (38 of 1994) shall be deemed to be a copyright society for the purposes of this Chapter and every such society shall get itself registered within a period of one year form the date of commencement of the Copyright (Amendment) Act, 1994. (2) Any association of persons who fulfils such conditions as may be prescribed may apply for permission to do the business specified in sub-section (1) to the Registrar of Copyrights who shall submit the application to the Central Government. (3) The Central Government may, having regard to the interests of the authors and other owners of rights under this Act, the interest and convenience of the public and in particular of the groups of persons who are most likely to seek licences in respect of the relevant rights and the ability and professional competence of the applicants, register such association of persons as a copyright society subject to such conditions as may be prescribed: Provided that the Central Government shall not ordinarily register more than one copyright society to do business in respect of the same class of Works. 1[(3A) The registration granted to a copyright society under sub-section (3) shall be for a period of five years and may be renewed from time to time before the end of every five years on a request in the prescribed form and the Central Government may renew the registration after considering the report of Registrar of Copyright on the working of the copyright society under section 36: Provided that the renewal of the registration of a copyright society shall be subject to the continued collective control of the copyright society being shared with the authors of works in their capacity as owners of copyrights or of the right to receive royalty: Provided further that every copyright society already registered before the coming into force of the Copyright (Amendment) Act, 2012 (27 of 2012) shall get itself registered under this Chapter within a period of one years form the date of commencement of the Copyright (Amendment) Act, 2012.] (4) The Central Government may, if it is satisfied that a copyright society is being managed in a manner detrimental to the interests of the [2][authors and other owners of rights] concerned, cancel the registration of such society after such inquiry as may be prescribed. (5) If the Central Government is of the opinion that in the interest of the [2][authors and other owners of rights] concerned [1][or for non-compliance of sections 33A, sub-section (3) of section 35 or and section 36 of any change carried out in the instrument by which the copyright society is established or incorporated and registered by the Central Government without prior notice to it], is necessary so to do it may, by order suspend the registration of such society pending inquiry for such period not exceeding one year as may be specified in such order under sub-section (4) and that Government shall appoint an administrator to discharge the functions of the copyright society. 3[33A. Tariff Scheme by copyright societies.—(1) Every copyright society shall publish its tariff scheme in such manner as may be prescribed. (2) Any person who is aggrieved by the tariff scheme may appeal to the [4][Appellate Board] and the Board may, it satisfied after holding such inquiry as it may consider necessary, make such orders as may be required to remove any unreasonable element, anomaly or inconsistency therein: Provided that the aggrieved person shall pay to the copyright society any fee as may be prescribed that has fallen due before making an appeal to the [4][Appellate Board] and shall continue to pay such fee until the appeal is decided, and the Board shall not issue any order staying the collection of such fee pending disposal of the appeal: Provided further that the[ 4][Appellate Board] may after hearing the parties fix an interim tariff and direct the aggrieved parties to make the payment according pending disposal of the appeal.] 1. Ins. by Act 27 of 2012, s. 19 (w.e.f. 21-6-2012). 2. Subs. by s. 19, ibid., for “owner of rights” (w.e.f. 21-6-2012). 3. Ins. by s. 20, ibid. (w.e.f. 21-6-2012). 4. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 25 ----- **34. Administration of rights of owner by copyright society.—(1) Subject to such conditions as** may be prescribed,— (a) a copyright society may accept from an [1][author and other owners of right] exclusive authorisation to administer any right in any work by issue of licences or collection of licence fees or both; and (b) an [1][author and other owners of right] shall have the right to withdraw such authorisation without prejudice to the rights of the copyright society under any contract. (2) It shall be competent for a copyright society to enter into agreement with any foreign society or organisation administering rights corresponding to rights under this Act, to entrust to such foreign society or organisation the administration in any foreign country of rights administered by the said copyright society in India, or for administering in India the rights administered in a foreign country by such foreign society or organisation: Provided that no such society or organisation shall permit any discrimination in regard to the terms of licence or the distribution of fees collected between rights in Indian and other works. (3) Subject to such conditions as may be prescribed, a copyright society may— (i) issue licences under section 30 in respect of any rights under this Act; (ii) collect fees in pursuance of such licences; (iii) distribute such fees among [1][author and other owners of right] after making deductions for its own expenses; (iv) perform any other functions consistent with the provisions of section 35. **34A. [Payment of remunerations by copyright society.] Omitted by the Copyright (Amendment) Act,** 2012 (27 of 2012), s. 22 (w.e.f. 21-6-2012). **35. Control over the copyright society by the** **[2][author and other owners of right].—(1) Every** copyright society shall be subject to the collective control of the owners of rights under this Act whose rights it administers (not being [2][author and other owners of right] under this Act administered by a foreign society or organisation referred to in sub-section (2) of section 34) and shall, in such manner as may be prescribed,— (a) obtain the approval of such owners of rights for its procedures of collection and distribution of fees; (b) obtain their approval for the utilisation of any amounts collected as fees for any purpose other than distribution to the owner of rights; and (c) provide to such owners regular, full and detailed information concerning all its activities, in relation to the administration of their rights. (2) All fees distributed among the [2][author and other owners of right] shall, as far as may be, be distributed in proportion to the actual use of their works. 3[(3) Every copyright society shall have a governing body with such number of persons elected from among the members of the society consisting of equal number of authors and owners of work for the purpose of the administration of the society as may be specified. (4) All members of copyright society shall enjoy equal membership rights and there shall be no discrimination between authors and owners of rights in the distribution of royalties.] **36. Submission of returns and reports.—(1) Every copyright shall submit to the Registrar of** Copyrights such returns as may be prescribed. 1. Subs. by Act 27 of 2012, s. 21, for “owner of rights” (w.e.f. 21-6-2012). 2. Subs. by s. 23, ibid., for “owner of rights” (w.e.f. 21-6-2012). 3. Ins. by s. 23, ibid. (w.e.f. 21-6-2012). 26 ----- (2) Any officer duly authorised by the Central Government in this behalf may call for any report and also call for any records of any copyright society for the purpose of satisfying himself that the fees collected by the society in respect of rights administered by it are being utilised or distributed in accordance with the provisions of this Act. **36A. Rights and liabilities of performing rights societies.—Nothing in this Chapter shall affect any** rights or liabilities in any work in connection with a [1][copyright society] which had accrued or were incurred on or before the day prior to the commencement of [2][the Copyright (Amendment) Act, 2012], or any legal proceedings in respect of any such rights or liabilities pending on that day.] CHAPTER VIII 3[RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS] **4[37. Broadcast reproduction right.—(1) Every broadcasting organisation shall have a special right** to be known as “broadcast reproduction right” in respect of its broadcasts. (2) The broadcast reproduction right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the broadcast is made. (3) During the continuance of a broadcast reproduction right in relation to any broadcast, any person who, without the licence of the owner of the right does any of the following acts of the broadcast or any substantial part thereof,— (a) re-broadcast the broadcast; or (b) causes the broadcast to be heard or seen by the public on payment of any charges; or (c) makes any sound recording or visual recording of the broadcast; or (d) makes any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; or 5[(e) sells or given on commercial rental or offer for sale or for such rental, may such sound recording or visual recording referred to in clause (c) or clause (d)].] **6[38. Performer’s right.—(1) Where any performer appears or engages in any performance, he shall** have a special right to be known as the “performer’s right” in relation to such performance. (2) The performer’s right shall subsist until [7][fifty years] from the beginning of the calendar year next following the year in which the performance is made. 8* - - - *] 9[38A. Exclusive right of performers.—(1) Without prejudice to the rights conferred on authors, the performer’s right which is an exclusive right subject to the provisions of this Act to do or authorise for doing any of the following acts in respect of the performance or any substantial part thereof, namely:— (a) to make a sound recording or a visual recording of the performance, including— (i) reproduction of it in any material form including the storing of it in any medium by electronic or any other means; (ii) issuance of copies of it in any material form including the storing of it in any medium by electronic or any other means; 1. Subs. by Act 27 of 2012, s. 24, for “performing rights society” (w.e.f. 21-6-2012). 2. Subs. by s. 24, ibid., for “the Copyright (Amendment) Act, 1994 (38 of 1994)” (w.e.f. 21-6-2012). 3. Subs. by Act 38 of 1994, s. 12, for “RIGHTS OF BROADCASTING AUTHORITIES” (w.e.f. 10-5-1995). 4. Subs. by s. 13, ibid., for section 37 (w.e.f. 10-5-1995). 3. Subs. by Act 27 of 2012, s. 25, for clause (e) (w.e.f. 21-6-2012). 6. Subs. by Act 38 of 1994, s. 14, for section 38 (w.e.f. 10-5-1995). 7. Subs. by 49 of 1999, s. 4, for “twenty-five years” (w.e.f. 15-1-2000). 8. Omitted by Act 27 of 2012, s. 26 (w.e.f. 21-6-2012). 9. Ins. by s. 27, ibid. (w.e.f. 21-6-2012). 27 ----- (iii) communication of it to the public; (iv) selling or giving it on commercial rental or offer for sale or for commercial rental any copy or the recording; (b) to broadcast or communicate the performance to the public except where the performance is already broadcast. (2) Once a performer has, by written agreement, consented to the incorporation of his performance in a cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment by the producer of the film of the performer’s right in the same film: Provided that, notwithstanding anything contained in this sub-section, the performer shall be entitled for royalties in case of making of the performances for commercial use. **38B. Moral rights of the performer.—The performer of a performance shall, independently of his** right after assignment, either wholly or partially of his right, have the right,— (a) to claim to be identified as the performer of his performance except where omission is dictated by the manner of the use of the performance; and (b) to restrain or claim damage in respect of any distortion, mutilation or other modification of his performance that would be prejudicial to his reputation. _Explanation.—For the purpose of this clause, it is already clarified that mere removal of any portion_ of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performer’s reputation.] **1[39. Acts not infringing broadcast reproduction right or performer’s right.—No broadcast** reproduction right or performer's right shall be deemed to be infringed by— (a) the making of any sound recording or visual recording for the private use of the person making such recording, or solely for purposes of bona fide teaching or research; or (b) the use, consistent with fair dealing, of excerpts of a performance or of a broadcast in the reporting of current events or for bona fide review, teaching or research; or (c) such other acts, with any necessary adaptations and modifications, which do not constitute infringement of copyright under section 52. **2[39A. Certain provisions to apply in case of broadcast reproduction right and performer’s** **rights.—Sections 18, 19, 30, 30A, 33, 33A, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65A, 65B and 66 shall,** with necessary adaptations and modifications, apply in relation to the broadcast reproduction right in any broadcast and the performer's right in any performance as they apply in relation to copyright in a work: Provided that where copyright to performer’s right subsists in respect of any work or performance that has been broadcast, no licence to reproduce such broadcast, shall be given without the consent of the owner of rights or performer, as the case may be, or both of them: Provided further that the broadcast reproduction right or performer’s right shall not subsist in any broadcast or performance if that broadcast or performance is an infringement of the copyright in any work. (2) The broadcast reproduction right or the performer’s right shall not affect the separate copyright in any work in respect of which, the broadcast or the performance, as the case may be, is made.] CHAPTER IX INTERNATIONAL COPYRIGHT **40. Power to extend copyright to foreign works.—The Central Government may, by order** published in the Official Gazette, direct that all or any provisions of this Act shall apply— 1. Subs. by Act 38 of 1994, s. 15, for section 39 (w.e.f. 10-5-1995). 2. Subs. by Act 27 of 2012, s. 28, for section 39A (w.e.f. 21-6-2012). 28 ----- (a) to work first published in any territory outside India to which the order relates in like manner as if they were first published within India; (b) to unpublished works, or any class thereof, the authors whereof were at the time of the making of the work, subjects or citizens of a foreign country to which the order relates, in like manner as if the authors were citizens of India; (c) in respect of domicile in any territory outside India to which the order relates in like manner as if such domicile were in India; (d) to any work of which the author was at the date of the first publication thereof, or, in a case where the author was dead at that date, was at the time of his death, a subject or citizen of a foreign country to which the order relates in like manner as if the author was a citizen of India at that date or time; and thereupon, subject to the provisions of this Chapter and of the order, this Act shall apply accordingly: Provided that— (i) before making an order under this section in respect of any foreign country (other than a country with which India has entered into a treaty or which is a party to a convention relating to copyright to which India is also a party), the Central Government shall be satisfied that that foreign country has made, or has undertaken to make, such provisions if any, as it appears to the Central Government expedient to require for the protection in that country of works entitled to copyright under the provisions of this Act; (ii) the order may provide that the provisions of this Act shall apply either generally or in relation to such classes of works or such classes of cases as may be specified in the order; (iii) the order may provide that the term of copyright in India shall not exceed that conferred by the law of the country to which the order relates [1][but such a term or copyright shall not exceed the term of copyright provided under this Act]; (iv) the order may provide that the enjoyment of the rights conferred by this Act shall be subject to the accomplishment of such conditions and formalities, if any, as may be prescribed by the order; (v) in applying the provisions of this Act as to ownership of copyright, the order may make such exception and modifications as appear necessary, having regard to the law of the foreign country; (vi) the order may provide that this Act or any part thereof shall not apply to works made before the commencement of the order or that this Act or any part thereof shall apply to works first published before the commencement of the order. 2[40A. Power of Central Government to apply Chapter VIII to broadcasting organisations and **performers in certain other countries.—(1) If the Central Government is satisfied that a foreign** country (other than a country with which India has entered into a treaty or which is a party to a convention relating to rights of broadcasting organisations and performers to which India is also a party) has made or has undertaken to make such provisions, if any, as it appears to the Central Government expedient to require, for the protection in that foreign country, of the rights of broadcasting organisations and performers as is available under this Act, it may, by order published in the Official Gazette, direct that the provisions of Chapter VIII shall apply— (a) to broadcasting organisation whose headquarters is situated in a country to which the order relates or, the broadcast was transmitted from a transmitted situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India; (b) to performances that took place outside India to which the order relates in like manner as if they took place in India; 1. Ins. by Act 27 of 2012, s. 29 (w.e.f. 21-6-2012). 2. Ins. by Act 49 of 1999, s. 5 (w.e.f. 15-1-2000). 29 ----- (c) to performance that are incorporated in a sound recording published in a country to which the order relates as if it were published in India; (d) to performances not fixed on a sound recording broadcast by a broadcasting organisation the headquarters of which is located in a country to which the order relates or where the broadcast is transmitted from a transmitted which is situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India. (2) Every order made under sub-section (1) may provide that— (i) the provisions of Chapter VIII, shall apply either generally or in relation to such class or classes of broadcasts or performances or such other class or classes of cases as may be specified in the order; (ii) the term of the rights of broadcasting organisations and performers in India shall not exceed such term as is conferred by the law of the country to which the order relates; (iii) the enjoyment of the rights conferred by Chapter VIII shall be subject to the accomplishment of such conditions and formalities, if any, as may be specified in that order; (iv) Chapter VIII of any part thereof shall not apply to broadcast and performances made before the commencement of the order or that Chapter VIII or any part thereof shall not apply to broadcasts and performances broadcast or performed before the commencement of the order; (v) in case of ownership of rights of broadcasting organisations and performers, the provisions of Chapter VIII shall apply with such exceptions and modifications as the Central Government may, having regard to the law of the foreign country, consider necessary.] **41. Provisions as to works of certain international organisations.—(1) Where—** (a) any work is made or first published by or under the direction or control of any organisation to which this section applies, and (b) there would, apart from this section, be no copyright in the work in India at the time of the making or, as the case may be, of the first publication thereof, and (c) either— (i) the work is published as aforesaid in pursuance of an agreement in that behalf with the author, being an agreement which does not reserve to the author the copyright, if any, in the work, or (ii) under section 17 any copyright in the work would belong to the organisation; there shall, by virtue of this section, be copyright in the work throughout India. (2) Any organisation to which this section applies which at the material time had not the legal capacity of a body corporate shall have and be deemed at all material times to have had the legal capacity of a body corporate for the purpose of holding, dealing with, and enforcing copyright and in connection with all legal proceedings relating to copyright. (3) The organisations to which this section applies are such organisations as the Central Government may, by order published in the Official Gazette, declare to be organisations of which one or more sovereign powers or the Government or Governments thereof are members to which it is expedient that this section shall apply. **42. Power to restrict rights in works of foreign authors first published in India.—If it appears to** the Central Government that a foreign country does not give or has not undertaken to give adequate protection to the works of Indian authors, the Central Government may, by order published in the Official Gazette, direct that such of the provisions of this Act as confer copyright on works first published in India shall not apply to works, published after the date specified in the order, the authors whereof are subjects or citizens of such foreign country and are not domiciled in India, and thereupon those provisions shall not apply to such works. 30 ----- 1[42A. Power to restrict rights of foreign broadcasting organisations and performers.—If it appears to the Central Government that a foreign country does not give or has not undertaken to give adequate protection to rights of broadcasting organisations or performers, the Central Government may, by order published in the Official Gazette, direct that such of the provisions of this Act as confer right to broadcasting organisations or performers, as the case may be, shall not apply to broadcasting organisations or performers whereof are based or incorporated in such foreign country or are subjects or citizens of such foreign country and are not incorporated or domiciled in India, and thereupon those provisions shall not apply to such broadcasting organisations or performers:] 2[Provided that it does not exceed the period provided under this Act.] **43. Orders under this Chapter to be laid before Parliament.—Every order made by the Central** Government under this Chapter shall, as soon as may be after it is made, be laid before both Houses of Parliament and shall be subject to such modifications as Parliament may make during the session in which it is so laid or the session immediately following. CHAPTER X REGISTRATION OF COPYRIGHT **44. Register of Copyrights.—There shall be kept at the Copyright Office a register in the prescribed** form to be called the Register of Copyrights in which may be entered the names or titles of works and the names and addresses of authors, publishers and owners of copyright and such other particulars as may be prescribed. **45. Entries in register of Copyrights.—(1) The author or publisher of, or the owner of or other** person interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fee to the Registrar of Copyrights for entering particulars of the work in the Register of Copyrights: 3[Provided that in respect of an artistic work which is used or is capable of being used in 4[relation to any goods or services], the application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trade Marks referred to in [5][section 3 of the Trade Marks Act, 1999 (47 of 1999)], to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant.] (2) On receipt of an application in respect of any work under sub-section (1), the Registrar of Copyrights may, after holding such inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights. **46. Indexes.—There shall be also kept at the Copyright Office such indexes of the Register of** Copyrights as may be prescribed. **47. Form and inspection of register.—The Register of Copyrights and indexes thereof kept under** this Act shall at all reasonable times be open to inspection, and any person shall be entitled to take copies of, or make extracts from, such register or indexes on payment of such fee and subject to such conditions as may be prescribed. **48. Register of Copyrights to be** **_prima facie evidence of particulars entered therein.—The_** Register of Copyrights shall be _prima facie evidence of the particulars entered therein and documents_ purporting to be copies of any entries therein, or extracts therefrom, certified by the Registrar of Copyrights and sealed with the seal of the Copyright Office shall be admissible in evidence in all courts without further proof or production of the original. 1. Ins. by Act 49 of 1999, s. 6 (w.e.f. 15-1-2000). 2. Ins. by Act 27 of 2012, s. 30 (w.e.f. 21-6-2012). 3. The proviso added by Act 23 of 1983, s. 16 (w.e.f. 9-8-1984). 4. Subs. by Act 27 of 2012, s. 31, for “relation to any goods” (w.e.f. 21-6-2012). 5. Subs. by s. 31, ibid., for “section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958)” (w.e.f. 21-6-2012). 31 ----- **49. Correction of entries in the Register of Copyrights.—The Registrar of Copyrights may, in the** prescribed cases and subject to the prescribed conditions, amend or alter the Register of Copyrights by— (a) correcting any error in any name, address or particulars; or (b) correcting any other error which may have arisen therein by accidental slip or omission. **50. Rectification of Register by [1][Appellate Board].—The[ 1][Appellate Board], on application of the** Registrar of Copyrights or of any person aggrieved, shall order the rectification of the Register of Copyrights by— (a) the making of any entry wrongly omitted to be made in the register, or (b) the expunging of any entry wrongly made in, or remaining on, the register, or (c) the correction of any error or defect in the register. **2[50A. Entries in the Register of Copyrights, etc., to be published.—Every entry made in the** Register of Copyrights or the particulars of any work entered under section 45, the correction of every entry made in such register under section 49, and every rectification ordered under section 50, shall be published by the Registrar of Copyrights in the Official Gazette or in such other manner as he may deem fit.] CHAPTER XI INFRINGEMENT OF COPYRIGHT **51. When copyright infringed.—Copyright in a work shall be deemed to be infringed—** (a) when any person, without a licence granted by the owner of the copyright or the Registrar of Copyrights under this Act or in contravention of the conditions of a licence so granted or of any condition imposed by a competent authority under this Act— (i) does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or 3[(ii) permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright; or] (b) when any person— (i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or (ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or (iii) by way of trade exhibits in public, or (iv) imports [4]*** into India, any infringing copies of the work: 5[Provided that nothing in sub-clause (iv) shall apply to the import of one copy of any work for the private and domestic use of the importer.] _Explanation.—For the purposes of this section, the reproduction of a literary, dramatic, musical or_ artistic work in the form of a cinematograph film shall be deemed to be an “infringing copy”. **52. Certain acts not to be infringement of copyright.—(1) The following acts shall not constitute** an infringement of copyright, namely,— 1. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 2. Ins. by Act 23 of 1983, s. 17 (w.e.f. 9-8-1984). 3. Subs. by Act 38 of 1994, s. 16, for sub-clause (ii) (w.e.f. 10-5-1995). 4. The brackets and words “(except for the private and domestic use of the importer)” omitted by Act 65 of 1984, s. 3 (w.e.f. 8-10-1985). 5. Subs. by Act 38 of 1994, s. 16, for the proviso (w.e.f. 10-5-1995). 32 ----- 1[(a) a fair dealing with any work, not being a computer programme, for the purpose of— (i) private or personal use, including research; (ii) criticism or review, whether of that work or of any other work; (iii) the reporting of current events and current affairs, including the reporting of a lecture delivered in public; _Explanation.—The storing of any work in any electronic medium for the purposes mentioned_ in this clause, including the incidental storage of any computer programme which is not itself in infringing copy for the said purposes, shall not constitute infringement of copyright.] 2[(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme, from such copy— (i) in order to utilise the computer programme for the purpose for which it was supplied; or (ii) to make back-up copies purely as a temporary protection against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied;] 3[(ab) the doing of any act necessary to obtain information essential for operating inter-operability of an independently created computer programmes with other programmer by a lawful possessor of a computer programme provided that such information is not otherwise readily available; (ac) the observation, study or test of functioning of the computer programme in order to determine the ideas and principles which underline any elements of the programme while performing such acts necessary for the functions for which the computer programme was supplied; (ad) the making of copies or adaptation of the computer programme from a personally legally obtained copy for non-commercial personal use;] 4[(b) the transient or incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public; (c) transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy: Provided that if the person responsible for the storage of the copy has received a written complaint from the owner of copyright in the work, complaining that such transient or incidental storage is an infringement, such person responsible for the storage shall refrain from facilitating such access for a period of twenty-one days or till he receives an order from the competent court refraining from facilitation access and in case no such order is received before the expiry of such period of twenty-one days, he may continue to provide the facility of such access; (d) the reproduction of any work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding; (e) the reproduction or publication of any work prepared by the Secretariat of a Legislature or, where the legistanure consists of two Houses, by the Secretariat of either House of the Legislature, exclusively for the use of the members of that Legislature; (f) the reproduction of any work in a certified copy made or supplied in accordance with any law for the time being in force; 1. Subs. by Act 27 of 2012, s. 32, for clause (a) (w.e.f. 21-6-2012). 2. Ins. by Act 38 of 1994, s. 17 (w.e.f. 10-5-1995). 3. Ins. by Act 49 of 1999, s. 7 (w.e.f. 15-1-2000). 4. Subs. by Act 27 of 2012, s. 32, for clauses (b), (c), (d), (e), (f), (g), (h), (i) and (j) (w.e.f. 21-6-2012). 33 ----- (g) the reading or recitation in public of reasonable extracts from a published literacy or dramatic work; (h) the publication in a collection, mainly composed of non-copyright matter, bona fide intended for instruction use, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published for such use in which copyright subsists: Provided that not more than two such passages from works by the same author are published by the same publisher during any period of five years. _Explanation.—In the case of a work of joint authorship, references in this clause to passages from_ works shall include references to passages from works by any one or more of the authors of those passages or by any one or more of those authors in collaboration with any other person; (i) the reproduction of any work— (i) by a teacher or a pupil in the course of instruction; or (ii) as part of the question to be answered in an examination; or (iii) in answers to such questions; 1[(j) the performance, in the course of the activities of an educational institution, of a literary, dramatic or musical work by the staff and students of the institution, or of a cinematograph film or a sound recording if the audience is limited to such staff and students, the parents and guadians of the students and persons connected with the activities of the institution or the communication to such an audience of a cinematograph film or sound recording;] (k) the causing of a recording to be heard in public by utilising it,— (i) in an enclosed room or hall meant for the common use of residents in any residential premises (not being a hotel or similar commercial establishment) as part of the amenities provided exclusively or mainly for residents therein; or (ii) as part of the activities of a club or similar organisation which is not established or conducted for profit;] (l) the performance of a literary, dramatic or musical work by an amateur, club or society, if the performance is given to a non-paying audience, or for the benefit of a religious institution; (m) the reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social or religious topics, unless the author of such article has expressly reserved to himself the right of such reproduction; 2[(n) the storing of a work in any medium by Electronic means by a non-commercial public library, for preservation if the library already possesses a non-digital copy of the work;] (o) the making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a [3][non-commercial public library] for the use of the library if such book is not available for sale in India; (p) the reproduction, for the purpose of research or private study or with a view to publication, of an unpublished literary, dramatic or musical work kept in a library, museum or other institution to which the public has access: Provided that where the identity of the author of any such work or, in the case of a work of joint authorship, of any of the authors is known to the library, museum or other institution, as the case may be, the provisions of this clause shall apply only if such reproduction is made at a time more than 4[sixty years] from the date of the death of the author or, in the case of a work of joint authorship, from the death of the author whose identity is known or, if the identity of more authors than one is known from the death of such of those authors who dies last; 1. Subs. by Act 38 of 1994, s. 17, for clauses (j) and (k) (w.e.f. 10-5-1995). 2. Subs. by Act 27 of 2012, s. 32, for clause (n) (w.e.f. 21-6-2012). 3. Subs. by s. 32, ibid., for “public library” (w.e.f. 21-6-2012). 4. Subs. by Act 49 of 1999, s. 7, for “fifty years” (w.e.f. 15-1-2000). 34 ----- (q) the reproduction or publication of— (i) any matter which has been published in any Official Gazette except an Act of a Legislature; (ii) any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter; (iii) the report of any committee, commission, council, board or other like body appointed by the Government if such report has been laid on the Table of the Legislature, unless the reproduction or publication of such report is prohibited by the Government; (iv) any judgment or order of a court, tribunal or other judicial authority, unless the reproduction or publication of such judgment or order is prohibited by the court, the tribunal or other judicial authority, as the case may be; (r) the production or publication of a translation in any Indian language of an Act of a Legislature and of any rules or orders made thereunder— (i) if no translation of such Act or rules or orders in that language has been previously been produced or published by the Government; or (ii) where a translation of such Act or rules or orders in that language has been produced or published by the Government, if the translation is not available for sale to the public: Provided that such translation contains a statement at a prominent place to the effect that the translation has not been authorised or accepted as authentic by the Government; 1[(s) the making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;] (t) the making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work falling under sub-clause (iii) of clause (c) of section 2, if such work is permanently situate in a public place or any premises to which the public has access; (u) the inclusion in a cinematograph film of— (i) any artistic work permanently situate in a public place or any premises to which the public has access; or (ii) any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film; (v) the use by the author of an artistic work, where the author of such work is not the owner of the copyright therein, of any mould, cast, sketch, plan, model or study made by him for the purpose of the work: Provided that he does not thereby repeat or imitate the main design of the work; 2[(w) the making of a three-dimensional object from a two-dimensional artistic work, such as a technical drawing, for the purposes of industrial application of any purely functional part of a useful device;] (x) the reconstruction of a building or structure in accordance with the architectural drawings or plans by reference to which the building or structure was originally constructed: Provided that the original construction was made with the consent or licence of the owner of the copyright in such drawings and plans; (y) in relation to a literary, [3][dramatic, artistic or] musical work recorded or reproduced in any cinematograph film, the exhibition of such film after the expiration of the term of copyright therein: 1. Subs. by Act 38 of 1994, s. 17, for clause (s) (w.e.f. 9-8-1995). 2. Subs. by Act 27 of 2012, s. 32, for clause (w) (w.e.f. 21-6-2012). 3. Subs. by s. 32, ibid., for “dramatic or” (w.e.f. 21-6-2012). 35 ----- Provided that the provisions of sub-clause (ii) of clause (a), sub-clause (i) of clause (b) and clauses (d), (f), (g), (m) and (p) shall not apply as respects any act unless that act is accompanied by an acknowledgment— (i) identifying the work by its title or other description; and (ii) unless the work is anonymous or the author of the work has previously agreed or required that no acknowledgment of his name should be made, also identifying the author; 1[(z) the making of an ephemeral recording, by a broadcasting organisation using its own facilities for its own broadcast by a broadcasting organisation of a work which it has the right to broadcast; and the retention of such recording for archival purposes on the ground of its exceptional documentary character; (za) the performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority. _Explanation.—For the purpose of this clause, religious ceremony includes a marriage procession_ and other social festivities associated with a marriage;] 2[(zb) the adaption, reproduction, issue of copies or communication to the public of any work in any accessible format, by— (i) any person to facilitate persons with disability to access to works including sharing with any person with disability of such accessible format for private or personal use, educational purpose or research; or (ii) any organisation working for the benefit of the persons with disabilities in case the normal format prevents the enjoyment of such works by such persons: Provided that the copies of the works in such accessible format are made available to the persons with disabilities on a non-profit basis but to recover only the cost of production: Provided further that the organisation shall ensure that the copies of works in such accessible format as used only by persons with disabilities and takes reasonable steps to prevent its entry into ordinary channels of business. _Explanation.—For the purposes of this sub-clause, “any organisation” includes and organisation_ registered under section 12A of the Income-tax Act, 1961 (43 of 1961) and working for the benefit of persons with disability or reorgnised under Chapter X of the Persons with Disabilities (Equal Opportunities, Protection or Rights and full Participation) Act, 1995 (1 of 1996) or receiving grants from the government for facilitationg access to persons with disabilities or an educational institution or library or archives recognised by the Government; (zc) the importation of copies of any literary or artistic work, such as labels, company logos or promotional or explanatory material, that is purely incidental to other goods or products being lawfully.] (2) The provisions of sub-section (1) shall apply to the doing of any act in relation to the translation of a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as they apply in relation to the work itself. **3[52A. Particulars to be included in records and video Films.—(1) No person shall publish** a [4][sound recording] in respect of any work unless the following particulars are displayed on the [4][sound recording] and on any container thereof, namely:— (a) the name and address of the person who has made the record; 1. Ins. by Act 38 of 1994, s. 17 (w.e.f. 9-8-1995). 2. Ins. by Act 27 of 2012, s. 32 (w.e.f. 21-6-2012). 3. Ins. by Act 65 of 1984, s. 4 (w.e.f. 8-10-1984). 4. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995). 36 ----- (b) the name and address of the owner of the copyright in such work; and (c) the year of its first publication. (2) No person shall publish a video film in respect of any work unless the following particulars are displayed in the video film, when exhibited, and on the video cassette or other container thereof, namely:— (a) if such work is a cinematograph film required to be certified for exhibition under the provisions of the Cinematograph Act, 1952 (37 of 1952), a copy of the certificate granted by the Board of Film Certification under section 5A of that Act in respect of such work; (b) the name and address of the person who has made the video film and a declaration by him that he has obtained the necessary licence or consent from the owner of the copyright, in such work for making such video film; and (c) the name and address of the owner for the copyright in such work.] **52B. [Accounts and audit.]** _Omitted by the Copyright Act,_ 2012 (27 of 2012), s. 33 (w.e.f. 21-6-2012). **1[53. Importation of infringing copies.—(1) The owner of any right conferred by this act in respect** of any work or any performance embodied in such work, or his duly authorised agent, may give notice in writing to be Commissioner of Customs, or to any other officer authorised in this behalf by the Central Board of Excise and Customs, — (a) that he is the owner of the said right, with proof thereof, and (b) that he requests the Commissioner for a period specified in the notice, which shall not exceed one year, to treat infringing copies of the work as prohibited goods, and that infringing copies of the work are expected to arrive in India at a time and a place specified in the notice. (2) The Commissioner, after scrutiny of the evidence furnished by the owner of the right and on being satisfied may, subject to the provisions of sub-section (3), treat infringing copies of the work as prohibited goods that have been imported into India, excluding goods in transit: Provided that owner of the work deposits such amount as the Commissioner may require as security having regard to the likely expenses on demurrage, cost of storage and compensation to the importer in case it is found that works are not infringing copies. (3) When any goods treated as prohibited under sub-section (2) have been detained, the Customs Officer detaining them shall inform the importer as well as the person who gave notice under sub-section (1) of the such goods within forty-eight hours of their detention. (4) The Customs Officer shall release the goods, and they shall not longer be treated as prohibited goods, if the person who gave notice under sub-section (1) does not produce any order from a court having jurisdiction as to the temporary or permanent disposal of such goods within fourteen days from the date of their detention.] **2[53A. Resale share right in original copies.—(1) In the case of resale for a price exceeding ten** thousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript of a literary or dramatic work or musical work, the author of such work if he was the first owner of rights under section 17 or his legal heirs shall, notwithstanding any assignment of copyright in such work, have a right to share in the resale price of such original copy or manuscript in accordance with the provisions of this section: Provided that such right shall cease to exist on the expiration of the term of copyright in the work. (2) The share referred to in sub-section (1) shall be such as the [3][Appellate Board] may fix and the decision of the [3][Appellate Board] in this behalf shall be final: Provided that the [3][Appellate Board] may fix different shares for different classes of work: 1. Subs. by Act 27 of 2012, s. 34, for section 53 (w.e.f. 21-6-2012). 2. Ins. by Act 38 of 1994, s. 18 (w.e.f. 10-5-1995). 3. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 37 ----- Provided further that in no case shall the share exceed ten percent, of the resale price. (3) If any dispute arises regarding the right conferred by this section, it shall be referred to the 1[Appellate Board] whose decision shall be final.] CHAPTER XII CIVIL REMEDIES **54. Definition.—For the purposes of this Chapter, unless the context otherwise requires, the** expression “owner of copyright” shall include— (a) an exclusive licensee; (b) in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship, or a work of joint authorship published under names all of which are pseudonyms, the identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise establishment to the satisfaction of the [1][Appellate Board] by that author or his legal representatives. **55. Civil remedies for infringement of copyright.—(1) Where copyright in any work has been** infringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right: Provided that if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be entitled to any remedy other than an injunction in respect of the infringement and a decree for the whole or part of the profits made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable. (2) Where, in the case of a literary, dramatic, musical or artistic work, [2][or, subject to the provisions of sub-section (3) of section 13, a cinematograph film or sound recording, a name purporting to be that of the author, or the publisher, as the case may be, of that work, appears] on copies of the work as published, or, in the case of an artistic work, appeared on the work when it was made, the person whose name so appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be. (3) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the discretion of the court. **56. Protection of separate rights.—Subject to the provisions of this Act, where the several rights** comprising the copyright in any work are owned by different persons, the owner of any such right shall, to the extent of that right, be entitled to the remedies provided by this Act and may individually enforce such right by means of any suit, action or other proceeding without making the owner of any other right a party to such suit, action or proceeding. **57. Author’s special rights.—[3][(1) Independently of the author’s copyright and even after the** assignment either wholly or partially of the said copyright, the author of a work shall have the right— (a) to claim authorship of the work; and (b) to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work [4]*** if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation: 1. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 2. Subs. by Act 27 of 2012, s. 35, for “a name purporting to be that of the author or the publisher, as the case may be, appear” (w.e.f. 21-6-2012). 3. Subs. by Act 38 of 1994, s. 20, for sub-section (1) (w.e.f. 10-5-1995). 4. The words “which is done before the expiration of the term of copyright” omitted by Act 27 0f 2012, s. 36 (w.e.f. 21-6-2012). 38 ----- Provided that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer programme to which clause (aa) of sub-section (1) of section 52 applies. _Explanation.—Failure to display a work or to display it to the satisfaction of the author shall not be_ deemed to be an infringement of the rights conferred by this section.] (2) The right conferred upon an author of a work by sub-section (1), [1]***, may be exercised by the legal representatives of the author. **58. Rights of owner against persons possessing or dealing with infringing copies.—All infringing** copies of any work in which copyright subsists, and all plates used or intended to be used for the production of such infringing copies, shall be deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect of the conversion thereof: Provided that the owner of the copyright shall not be entitled to any remedy in respect of the conversion of any infringing copies, if the opponent proves— (a) that he was not aware and had no reasonable ground to believe that copyright subsisted in the work of which such copies are alleged to be infringing copies; or (b) that he had reasonable grounds for believing that such copies or plates do not involve infringement of the copyright in any work. **59. Restriction on remedies in the case of works of architecture.—(1) Notwithstanding anything** contained in [2][the Specific Relief Act, 1963 (47 of 1963)], where the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work has been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the construction of such building or structure or to order its demolition. (2) Nothing in Section 58 shall apply in respect of the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work. **60. Remedy in the case of groundless threat of legal proceedings.—Where any person claiming to** be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of the copyright any person aggrieved thereby may, notwithstanding anything contained [3][in section 34 of the Specific Relief Act, 1963 (47 of 1963)], institute a declaratory suit that the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats and may in any such suit— (a) obtain an injunction against the continuance of such threats; and (b) recover such damages, if any, as he has sustained by reason of such threats: Provided that this section does not apply if the person making such threats, with due diligence, commences and prosecutes an action for infringement of the copyright claimed by him. **61. Owner of copyright to be party to the proceeding.—(1) In every civil suit or other proceeding** regarding infringement of copyright instituted by an exclusive licensee, the owner of the copyright shall, unless the court otherwise directs, be made a defendant and where such owner is made a defendant, he shall have the right to dispute the claim of the exclusive licensee. (2) Where any civil suit or other proceeding regarding infringement of copyright instituted by an exclusive licensee is successful, no fresh suit or other proceeding in respect of the same cause of action shall lie at the instance of the owner of the copyright. **62. Jurisdiction of court over matters arising under this Chapter.—(1) Every suit or other civil** proceeding arising under this Chapter in respect of the infringement of copyright in any work or the 1. The words “other than the right to claim authorship of the work” omitted by Act 27 of 2012, s. 36 (w.e.f. 21-6-2012). 2. Subs. by Act 23 of 1983, s. 21, for “the Specific Relief Act, 1877 (1 of 1877)” (w.e.f. 9-8-1984). 3. Subs. by s. 22, ibid., for “ in section 42 the Specific Relief Act, 1877 (1 of 1977)” (w.e.f. 9-8-1984). 39 ----- infringement of any other right conferred by this Act shall be instituted in the district court having jurisdiction. (2) For the purpose of sub-section (1), a “district court having jurisdiction” shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain. CHAPTER XIII OFFENCES **63. Offences of infringement of copyright or other rights conferred by this Act.—Any person** who knowingly infringes or abets the infringement of— (a) the copyright in a work, or (b) any other right conferred by this Act [1][except the right conferred by section 53A], 2[shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees]: Provided that [1][where the infringement has not been made for gain in the course of trade or business] the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.] _Explanation.—Construction of a building or other structure which infringes or which, if completed,_ would infringe the copyright in some other work shall not be an offence under this section. **3[63A. Enhanced penalty on second and subsequent convictions.—Whoever having already been** convicted of an offence under section 63 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that [4][where the infringement has not been made for gain in the course of trade or business] the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees: Provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of the Copyright (Amendment) Act, 1984 (65 of 1984).] **5[63B. Knowing use of infringing copy of computer programme to be an offence.—Any person** who knowingly makes use on a computer of an infringing copy of a computer programme shall be punishable with imprisonment for a term which shall not be less than seven days but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that where the computer programme has not been used for gain or in the course of trade or business, the Court may, for adequate and special reasons to be mentioned in the judgment, not impose any sentence of imprisonment and may impose a fine which may extend to fifty thousand rupees.] **64. Power of police to seize infringing copies.—[6][(1) Any police officer, not below the rank of a** sub-inspector, may, if he is satisfied that an offence under section 63 in respect of the infringement of 1. Ins. by Act 38 of 1994, s. 21 (w.e.f. 10-5-1995). 2. Subs. by Act 65 of 1984, s. 5, for “shall be punishable with imprisonment which may extend to one year, or with fine, or with both” (w.e.f. 8-10-1984). 3. Ins. by Act 65 of 1984, s. 6 (w.e.f. 8-10-1984). 4. Ins. by Act 38 of 1994, s. 22 (w.e.f. 10-5-1995). 5. Ins. by s. 23, ibid. (w.e.f. 10-5-1995). 6. Subs. by Act 65 of 1984, s. 7, for sub-section (1) (w.e.f. 8-10-1984). 40 ----- copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work, and all the plates used for the purposes of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable be produced before a Magistrate.] (2) Any person having an interest in any copies of a work [1][, or plates] seized under sub-section (1) may, within fifteen days of such seizure, make an application to the Magistrate for such copies [7][, or plates] being restored to him and the Magistrate, after hearing the applicant and the complainant and making such further inquiry as may be necessary, shall make such order on the application as he may deem fit. **65. Possession of plates for purpose of making infringing copies.—Any person who knowingly** makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists shall be punishable with imprisonment which may extend to [2][two years and shall also be liable to fine.] 3[65A. Protection of technological measures.—(1) Any person who circumvents an effective technological measures applied for the purpose of protecting any of the rights conferred by this Act, with the intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine. (2) Nothing in sub-section (1) shall prevent any person from,— (a) doing anything referred to therein for a purpose not expressly prohibited by this Act: Provided that any person facilitating circumvention by another person of a technological measure for such a purpose shall maintain a complete record of such other person including his name, address and all relevant particulars necessary to identify him and the purpose for which he has been facilitated; or (b) doing anything necessary to conduct encryption research using a lawfully obtained encrypted copy; or (c) conducting any lawful investigation; or (d) doing anything necessary for the purpose of testing the security of a computer system or a computer network with the authorisation of its owner; or (e) operator; or (f) doing anything necessary to circumvent technological measures intended for identification or surveillance of a user; or (g) taking measures necessary in the interest of national security. **65B. Protection of Rights Management Information.—Any person, who knowingly, —** (i) removes or alters any rights management information without authority, or (ii) distributes, imports for distribution, broadcasts or communicates to the public, without authority, copies of any work, or performance knowing that electronic rights management information has been removed or altered without authority, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine: Provided that if the rights management information has been tampered with in any work, the owner of copyright in such work may also avail of civil remedies provided under Chapter XII against the persons indulging in such acts.] **66. Disposal of infringing copies or plates for purpose of making infringing copies.—The Court** trying any offence under this Act may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner of the copyright [4][or may make such order as it may deem fit regarding the disposal of such copies of plates]. 1. Ins. by Act 65 of 1984, s. 7 (w.e.f. 8-10-1984). 2. Subs. by s. 8, ibid., for “one year, or with fine, or with both” (w.e.f. 8-10-1994). 3. Ins. by Act 27 of 2012, s. 37 (w.e.f. 21-6-2012). 4. Ins. by s. 38, ibid. (w.e.f. 21-6-2012). 41 ----- **67. Penalty for making false entries in register, etc., for producing or tendering false** **entries.—Any person who,—** (a) makes or causes to be made a false entry in the Register of Copyrights kept under this Act, or (b) makes or causes to be made a writing falsely purporting to be a copy of any entry in such register, or (c) produces or tenders or causes to be produced or tendered as evidence any such entry or writing, knowing the same to be false, shall be punishable with imprisonment which may extend to one year, or with fine, or with both. **68. [Penalty for making false statements for the purpose of deceiving or influencing any** **authority or officer.] Omitted by the Jan Vishwas (Amendment of Provision) Act, 2023** (18 of 2023), s. 2 _and the Schedule (w.e.f. 1-8-2024)._ **1[68A. Penalty for contravention of section 52A.—Any person who publishes a 2[sound recording]** or a video film in contravention of the provisions of section 52A shall be punishable with imprisonment which may extend to three years and shall also be liable to fine.] **69. Offences by companies.—(1) Where any offence under this Act has been committed by a** company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section—_ (a) “company” means any body corporate and includes a firm or other association of persons; and (b) “director” in relation to a firm means a partner in the firm. **70. Cognizance of offences.—No Court inferior to that of [3][a Metropolitan Magistrate or a Judicial** Magistrate of the first class] shall try any offence under this Act. 1. Ins. by Act 65 of 1984, s. 9 (w.e.f. 8-10-1984). 2. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995). 3. Subs. by Act 23 of 1983, s. 22, for “a presidency magistrate or a magistrate of the first class” (w.e.f. 9-8-1984). 42 ----- CHAPTER XIV APPEALS **71. Appeals against certain orders of Magistrate.—Any person aggrieved by an order made under** sub-section (2) of section 64 or section 66 may, within thirty days of the date of such order appeal to the Court to which appeals from the court making the order ordinarily lie, and such appellate court may direct that execution of the order be stayed pending disposal of the appeal. **72. Appeals against orders of Registrar of Copyrights and** **[1][Appellate Board].—(1) Any person** aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the [1][Appellate Board]. (2) Any person aggrieved by any final decision or order of the [1][Appellate Board], not being a decision or order made in an appeal under sub-section (1), may, within three months from the date of such decision or order, appeal to the High Court within whose jurisdiction the appellant actually and voluntarily resides or carries on business or personally works for gain: Provided that no such appeal shall lie against a decision of the [1][Appellate Board] under section 6. (3) In calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded. **73. Procedure for appeals.—The High Court may make rules consistent with this Act as to the** procedure to be followed in respect of appeals made to it under section 72. CHAPTER XV MISCELLANEOUS **74. Registrar of Copyrights and** **[1][Appellate Board] to possess certain powers of civil** **courts.—The Registrar of Copyrights and the** [1][Appellate Board] shall have the powers of a civil court when trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely, — (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents; (e) requisitioning any public record or copy thereof from any court or office; (f) any other matter which may be prescribed. _Explanation.—For the purpose of enforcing the attendance of witnesses, the local limits of the_ jurisdiction of the Registrar of Copyrights or the [1][Appellate Board], as the case may be, shall be the limits of the territory of India. **75. Orders for payment of money passed by Registrar of Copyrights and [1][Appellate Board] to** **be executable as a decree.—Every order made by the Registrar of Copyrights or the [1][Appellate Board]** under this Act for the payment of any money or by the High Court in any appeal against any such order of the [1][Appellate Board] shall, on a certificate issued by the Registrar of Copyrights, the [1][Appellate Board] or the Registrar of the High Court, as the case may be, be deemed to be a decree of a civil court and shall be executable in the same manner as a decree of such court. **76. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against any** person in respect of anything which is in good faith done or intended to be done in pursuance of this Act. **77. Certain persons to be public servants.—Every officer appointed under this Act and every** member of the [1][Appellate Board] shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 1. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 43 ----- **78. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:— 1[* - - - *]; (b) the form of complaints and applications to be made, and the licences to be granted, under this Act; (c) the procedure to be followed in connection with any proceeding before the Registrar of Copyrights; 2[(cA) the form and manner in which an organisation may apply to the 3[Appellate Board] for compulsory licence for disabled and the fee which may accompany such application under sub-section 31B; (cB) the manner in which a person making sound recording may give prior notice of his intention to make sound recording under sub-section (2) of section 31C; (cC) the register and books of account and the details of existing stock which a person making sound recording may maintain under sub-section (5) of section 31C; (cD) the manner in which prior notice may be given by a broadcasting organisation under sub-section (2) of section 31D; (cE) the reports and accounts which may be maintained under clause (a), and the inspection of records and books of account which may be made under clause (b) or sub-section (7) of section 31D]; 4[(ca) the conditions for submission of application under sub-section (2) of section 33; (cb) the conditions subject to which a copyright society may be registered under sub-section (3) of section 33; (cc) the inquiry for cancellation of registration under sub-section (4) of section 33; [1][(ccA) the manner in which a copyright society may publish its Tariff Scheme under sub-section (1) of section 33A; (ccB) the fee which is to be paid before filing an appeal to the [3][Appellate Board] under sub-section (2) of section 33A; (ccC) the form of application for renewal of registration of a copyright society and the fee which may accompany such application under sub-section (3A) of section 33;] (cd) the conditions subject to which the copyright society may accept authorisation under clause (a) of sub-section (1) of section 34 and the conditions subject to which owners or rights have right to withdraw such authorisation under clause (d) of that sub-section; (ce) the conditions subject to which a copyright society may issue licences, collect fees and distribute such fees amongst owners of rights under sub-section (3) of section 34;] (cf) the manner in which the approval of the owners of rights regarding collection and distribution of fees, approval for utilisation of any amount collected as fees and to provide to such owners information concerning activities in relation to the administration of their rights under sub-section (1) of section 35; (cg) the returns to be filed by copyright societies to the Registrar of Copyrights under sub-section (1) of section 36;] 1. Clause (a) omitted by Act 7 of 2017, s. 160 (w.e.f. 26-5-2017). 2. Ins. by Act 27 of 2012, s. 39 (w.e.f. 21-6-2012). 3. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 4. Ins. by Act 38 of 1994, s. 24 (w.e.f. 10-5-1995). 44 ----- (d) the manners of determining any royalties payable under this Act, and the security to be taken for the payment of such royalties; 1[(da) the manner of payment of royalty under clause (j) of sub-section (1) of section 52; 2* - - - *] (e) the form of Register of Copyrights to be kept under this Act and the particulars to be entered therein; (f) the matters in respect of which the Registrar of Copyrights and the [3][ Appellate Board] shall have powers of a civil court; (g) the fees which may be payable under this Act; (h) the regulation of business of the Copyright Office and of all things by this Act placed under the direction or control of the Registrar of Copyrights. 4[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **79. Repeals, savings and transitional provisions.—(1) The Indian Copyright Act, 1914 (3 of 1914),** and the Copyright Act of 1911 passed by the Parliament of the United Kingdom as modified in its application to India by the Indian Copyright Act, 1914 ( 3 of 1914), are hereby repealed. (2) Where any person has, before the commencement of this Act, taken any action whereby he has incurred any expenditure or liabilities in connection with the reproduction or performance of any work in a manner which at the time was lawful or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, but for the coming into force of this Act, have been lawful, nothing in this section shall diminish or prejudice any rights or interests arising from or in connection with such action which are subsisting and valuable at the said date, unless the person who, by virtue of this Act, becomes entitled to restrain such reproduction or performance, agrees to pay such compensation as, failing agreement, may be determined by the 3[Appellate Board]. (3) Copyright shall not subsist by virtue of this Act in any work in which copyright did not subsist immediately before the commencement of this Act under any Act repealed by sub-section (1). (4) Where copyright subsisted in any work immediately before the commencement of this Act, the rights comprising such copyright shall, as from the date of such commencement, be the rights specified in section 14 in relation to the class of works to which such work belongs, and where any new rights are conferred by that section, the owner of such rights shall be— (a) in any case where copyright in the work was wholly assigned before the commencement of this Act, the assignee or his successor-in-interest; (b) in any other case, the person who was the first owner of the copyright in the work under any Act repealed by sub-section (1) or his legal representatives. (5) Except as otherwise provided in this Act, where any person is entitled immediately before the commencement of this Act to copyright in any work or any right in such copyright or to an interest in any such right, he shall continue to be entitled to such right or interest for the period for which he would have been entitled thereto if this Act has not come into force. (6) Nothing contained in this Act shall be deemed to render any act done before its commencement an infringement of copyright if that act would not otherwise have constituted such an infringement. (7) Save as otherwise provided in this section, nothing in this section shall be deemed to affect the application of the General Clauses Act, 1897 (10 of 1897), with respect to the effect of repeals. 1. Subs. by Act 38 of 1994, s. 24, for sub-clause (da) (w.e.f. 10-5-1995). 2. Omitted by Act 27 of 2012, s. 38 (w.e.f. 21-6-2012). 3. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 4. Subs. by Act 23 of 1983, s. 23, for sub-section (3) (w.e.f. 9-8-1984). 45 -----